The Qanun-e-Shahadat Order
[28th October 1984]
Preamble
Whereas it is expedient to revise, amend and consolidate the law of evidence so as to bring it in conformity with the injunctions of Islam as laid down in the Holy Qur’an and Sunnah;
Part 1
Relevancy of Facts
Chapter 1
Preliminary
Article 1. Short title
This order may be called the Qanun-e-Shahadat 1984.
Extent
It extends to the whole of Pakistan and applies to all judicial proceedings in Courts, including Court Martials, Tribunals, and other judicial or quasi-judicial authorities, but excludes proceedings before an arbitrator.
Commencement
It shall come into force at once.
Article 2a. Court
Court includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.
Article 2b. Document
Document means any matter expressed or described upon any substance by using letters, figures, or marks, intended for recording purposes.
Illustrations
A writing is a document.
Words printed, lithographed or photographed are documents.
A map or plan is a document.
An inscription on a metal plate or stone is a document.
A caricature is a document.
Article 2c. Evidence
Evidence includes
- Oral evidence
Statements made by witnesses before the Court regarding facts under investigation, as permitted or required by the Court.
- Documentary evidence
Documents produced for the inspection of the Court during proceedings.
Article 2d. Fact
Fact includes two types
- Tangible facts
Anything, state of things, or relation of things capable of being perceived by the senses.
- Non-tangible facts (fact of conscious mental state)
Any mental condition of which any person is conscious.
Article 2(2). Relevancy of facts
One fact is said to be relevant to another if they are connected as specified in the provisions of the Order relating to “the relevancy of facts”.
Article 2(3). Facts in issue
The term “facts in issue” refers to any fact that, alone or with other facts, determines the presence, absence, or nature of a right, liability, or disability in any suit or proceeding.
Chapter 2
Witnesses
Article 3. Criteria for witness competency
All persons shall be competent to testify. However, they shall be considered incompetent by the Court, if they are incapable of understanding the questions due to reasons; like tender age, old age, diseases of body or mind, or any other similar causes.
Incompetency due to prior conviction
A person shall not be competent to testify if he has been convicted by a Court for perjury or giving false evidence.
Exception for repentance
If the court believes that a person previously convicted of perjury or false evidence has truly repented and changed their ways, he shall be allowed to testify despite his past conviction.
Islamic guideline for witnesses
The competence of a witness shall be determined based on the qualifications in accordance with the Holy Qur’an and Sunnah. If qualified witness as per these requirements are not available, the court may consider other available witnesses.
Eligibility of lunatic
A lunatic is competent to testify unless. He may be incompetent if he is unable to understand the questions and answer them logically.
Article 4. Judicial immunity, Protection of judicial conduct and knowledge
Any Judge or Magistrate shall not be compelled to answer any question about his own conduct in Court.
Protection of judicial knowledge
They shall not be compelled to disclose anything they came to know in their capacity as Judge or Magistrate in Court.
Special orders required
They shall be compelled to answer such questions upon the special order from the Court to which they are subordinate.
Permissible areas of questioning
They may be questioned about other events they witnessed while performing their duties.
Article 5. Privilege of marriage communication
A person who is or has been married shall not be compelled to disclose any communication made to him by his spouse during their marriage.
Consent for disclosure
Such communication may be disclosed with the consent of the spouse who made it or his representative-in-interest.
Exceptions to the rule
The protection shall not apply in
- The suit between the spouses.
- Cases where one spouse is charged with a crime against the other spouse.
Article 6. Restrictions on using unpublished state records
No one shall be permitted to give any evidence derived from unpublished official records relating to State affairs without specific approval.
Permission authority
Only the head of the concerned department shall grant or deny permission to use such records.
Definition of “official records” in state affairs
Official records relating to the affairs of State encompass documents about:
- Industrial activities directly or indirectly managed by Federal, Provincial Governments, or any statutory body.
- Commercial activities carried on directly or indirectly by these governments or entities under their control.
Article 7. Official communications
No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.
Article 8. Protection of “source information” for officials
No Magistrate or Police officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.
Article 9. Client-advocate confidentiality
An advocate shall not be permitted to disclose any communication, document content, or advice related to a client unless permitted by the express consent of client. It covers all interactions during the course of their professional employment.
Exception to confidentiality
There are certain exceptions to this confidentiality. Advocates may disclose communications made in furtherance of any illegal purpose and any facts observed by them during their employment that show that a crime or fraud has been committed since the commencement of their employment.
Continuation of obligation
The obligation for advocates to maintain confidentiality continues even after the professional employment has ceased.
Article 10. Article 9 to apply to interpreters, etc.
The provisions of Article 9 shall apply to interpreters, and the clerks or servants of advocates.
Article 11. Privilege not waived by volunteering evidence
If any party to a suit gives evidence at his own instance or otherwise, it shall not mean the party is agree to share information as mentioned in Article 9.
Article 12. Restrictions on disclosing confidential communications with legal advisers
No one shall be compelled to disclose to the Court, Tribunal or other authority exercising judicial or quasi-judicial powers any confidential communication which has taken place between him and his legal professional adviser.
Article 13. Protection of non-party witnesses on production of document
If a person is a witness in a case but not a party to suit, he shall not be compelled to produce his title deeds to any property or any document, the production of which might tend to criminate him.
Article 14. Production of documents, which another person, having possession, could refuse to produce
A person shall not be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such last-mentioned person consents to their production.
Article 15. Obligation of witness to answer: no refusal due to self-incrimination or penalty fears
A witness shall answer all questions relevant to the matter in issue in any legal case, whether it’s civil or criminal. They shall not avoid answering by claiming that their responses might show their involvement in a crime or expose them to any form of penalty or forfeiture.
Protection for compelled testimony: Exemption from arrest, prosecution, and use in criminal proceedings
If a witness is compelled to give an answer, that answer shall not be used to arrest or charge him in a criminal case, unless it is proven he gave false evidence with that answer.
Article 16. Admissibility and legal validity of the testimony of accomplice
An accomplice shall be a competent witness against an accused person, except in the case of an offence punishable with hadd; and a conviction based on his testimony would not be illegal.
Article 17. Competence and number of witnesses
The competence of a person to testify, and the number of witnesses required in any case shall be determined in accordance With the injunctions of Islam as laid down in the Holy Qur’an and Sunnah:”
Witness requirements for written financial obligations
In matters pertaining to financial or future obligations, if reduced to writing, the instrument shall be attested by two men or one man and two women.
Witness requirements for other matters In other matters, the Court may accept the testimony of one man or one woman.
