The Qanun-e-shadat Order 1948

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THE QANUN-E-SHAHADAT ORDER, 1984

P.O. NO. X OF 1984PART I

Relevancy o Fac!"

#HAPTER I

P$el%&%na$y 1. Short title, extent and commencement

2. Interpretation

#HAPTER II O '%!ne""e"

3. Who may testify4. Judges and Magistrates. !ommunications during marriage". #$idence as to affairs of State

%. &fficial communications'. Information as to commission of offences

(. )rofessional communications1*. +rticle ( to apply to interpreters, etc.

11. )ri$ilege not ai$ed -y $olunteering e$idence12. !onfidential communication ith legal ad$iser

13. )roduction of title deed of itness, not a party14. )roduction of documents hich another person, ha$ing possession, could refuse toproduce1. Witness not excused from ansering on ground that, anser ill criminate.1". +ccomplice1%. !ompetence and num-er of itness

#HAPTER III O !(e Relevancy o Fac!" 1'. #$idence may -e gi$en of facts in issue and rele$ant facts

1(. /ele$ancy of facts forming part of same transaction2*. 0act hich are the occasion, cause or effect of facts in issue

21. Moti$e, preparation and pre$ious or su-seuent conduct22. 0acts necessary to explain or introduce rele$ant facts23. hings said or done -y conspirator in reference to common design24. When facts not otherise rele$ant -ecome rele$ant2. In suits for damages, facts tending to ena-le !ourt to determine amount arerele$ant2". 0acts rele$ant hen right or custom is in uestion2%. 0acts shoing existence of state of mind or of -ody or -odily feeling

2'. 0acts -earing on uestion hether act as accidental or intentional2(. #xistence of course of -usiness hen rele$ant

THE QANUN-E-SHAHADAT ORDER, 1984)P.O. No. X o 1984*

+8!( Oc!oe$, 1984'(e$ea" it is expedient to re$ise, amend and consolidate the la of e$idence so as to-ring in conformity ith the Inunctions of Islam as laid don in the oly 5ur6an andSunnah7NO', THEREFORE, in pursuance of the )roclamation of the fifth day of July, 1(%% andin exercise of .all poers ena-ling him in that -ehalf, the )resident is pleased to ma8e

the folloing &rder9 :

PART I

RE/E0AN# OF FA#TS #HAPTER 1



PRE/I2INAR1. S(o$! !%!le, e3!en! an co&&ence&en!.: ;1< his &rder may -e called the 5anun:e:Shahadat, 1('4.

;2< It extends to the hole of )a8istan and applies to all udicial proceedings in or -efore

any !ourt, including a !ourt martial, a tri-unal or other authority exercising udicial oruasi:udicial poers or urisdiction -ut does not apply to proceedings -efore anar-itrator.

;3< It shall come into force at once.

. In!e$5$e!a!%on.:;1= In this &rder, unless there is anything repugnant in the su-ector context. :

;a< 6!ourt6 includes all Judges and Magistrates, and all persons, except ar-itrators,legally authorised to ta8e e$idence7;-< 6document6 means any matter expressed or descri-ed upon any su-stance -y meansof letters, figures or mar8s, or -y more than one of these means, intended to -e used, orhich may -e used, for the purpose of recording that matter7

I//USTRATIONS+ riting is a document7Words printed, lithographed or photographed are documents7

+ map or plan is a document7+n inscription on a metal plate or stone is a document7

+ caricature is a document.;c< 6e$idence6 includes :;i< all statements hich the !ourt permits or reuires to -e made -efore it -y itnesses,in relation to matters of fact under inuiry, such statements are called oral e$idence, and;ii< all documents produced for the inspection of the !ourt 9 such documents are calleddocumentary e$idence7

;d< 6fact6 includes.;i< anything, state of things, or relation of things capa-le of -eing percei$ed -y the

senses7 and;ii< any mental condition of hich any person is conscious.

I//USTRATIONS;a< hat there are certain o-ects arranged in a certain order in a certain place, is a fact.;-< that a man heard or sa something is a fact.;c< that a man said certain ords, is a fact.;d< that a man holds a certain opinion, has a certain intention, acts in good faith orfraudulently, or uses a particular ord in a particular sense, or is or as at a specifiedtime conscious of a particular sensation, is a fact.

;e< that a man has a certain reputation, is a fact.;2< &ne fact is to -e rele$ant to another hen the one is connected ith the other in anyof the ays referred to in the pro$isions of this &rder relating to the rele$ancy of facts.

;3< the expression 6fact in issue6 includes any fact from hich, either -y itself or inconnection ith other facts, the existence, non:existence, nature or extent or any right,

lia-ility, or disa-ility, asserted or denied in any suit or proceeding, necessarily follos.E35lana!%on.6 Whene$er, under the pro$isions of the la for the time -eing in forcerelating to ci$il procedure, any !ourt records an issue of fact, the fact to -e asserted ordenied in the anser to such issue is a fact in issue.

I//USTRATIONS

+ is accused of the murder of >.+t his trial the folloing facts may -e in issue9 :that + caused >6s death7



that + had intended to cause >6s death7that + had recei$ed gra$e sudden pro$ocation from >7that +, at the time of doing the act hich caused >6s death as -y reason ofunsoundness of mind, incapa-le of 8noing its nature.

;4< + fact is said to -e pro$ed hen, after considering the matters -efore it, the !ourt

either -elie$es it to exist, or considers its existence so pro-a-le that a prudent manought, under the circumstances of the particular case, to act upon the supposition that itexists.

;< + fact is said to -e dispro$ed hen, after considering the matters -efore it, the !ourteither -elie$es that it does not exist, or considers its non:existence so pro-a-le that a

prudent man ought, under the circumstances of the particular case, to act upon thesupposition that it does not exist.

;"< + fact is said not to -e pro$ed hen it is neither pro$ed nor dispro$ed.

;%< Whene$er it is pro$ided -y this &rder that this !ourt may presume a fact, it mayeither regard such fact as pro$ed, unless and until it is dispro$ed, or may call for proof of

it.

;'< Whene$er it is directed -y this &rder that the !ourt shall presume a fact, it shallregard such fact as pro$ed, unless and until it is dispro$ed.

;(< When one fact is declared -y this &rder to -e conclusi$e proof of another, the !ourtshall, on proof of the one fact, regard the other as pro$ed, and shall not allo e$idence

to -e gi$en for the purpose of dispro$ing it.

#HAPTER II

OF 'ITNESSES6. '(o &ay !e"!%y. : +ll persons shall -e competent to testify unless the !ourt

considers that they are pre$ented from understanding the uestion put to them, or from

gi$ing rational anser to those uestions, -y tender years, extreme old age, disease,hether of -ody or mind, or any other cause of the same 8ind9.)ro$ided that a person shall not -e competent to testify if he has -een con$icted -y a!ourt for perury or gi$ing false e$idence9)ro$ided further that the pro$isions of the first pro$iso shall not apply to a person a-out

hom the !ourt is satisfied that he has repented there after and mended his ays9)ro$ided further that the !ourt shall determine the competence of a itness in

accordance ith the ualification prescri-ed -y the Inunctions of Islam as laid don inthe oly 5ur6an and Sunnah for itness, and, here such itness is not forthcoming, the

!ourt may ta8e the e$idence of a itness ho may -e a$aila-le.#xplanation. :+ lunatic is not incompetent to testify, unless he is pre$ented -y his lunacyfrom understanding the uestions put to him and gi$ing rational ansers to them.

4. 7e" an 2a%"!$a!e". :?o Judge or Magistrate shall, except upon the specialorder of some !ourt to hich he is su-ordinate, -e compelled to anser any uestionsas to his on conduct in !ourt as Judge or Magistrate, or as to anything hich came tohis 8noledge in !ourt as such Judge or Magistrate -ut he may -e examined as to other

matters hich occurred in his presence hilst he as so acting.

I//USTRATIONS

;a< +, on his trial -efore the !ourt of Session, says that a deposition as improperlyta8en -y >, the Magistrate > cannot -e compelled to anser uestions as to this, exceptupon the special order of a superior !ourt.;-< + is accused -efore the !ourt of Session of ha$ing gi$en, false e$idence -efore >, a

Magistrate. > cannot -e as8ed hat + said, except upon the special order of the superior!ourt.;c< + is accused -efore the !ourt of Session of attempting to murder a police:officer



hile on his trial -efore ", a Sessions Judge. > may -e examined as to hat occurred.

:. #o&&n%ca!%on" $%n &a$$%ae. : ?o person ho is or has -een married shall-e compelled to disclose any communication made to him during marriage -y any personto hom he is or has -een married, nor shall he -e permitted to disclose any suchcommunication unless the person ho made it, or his representati$e in interest,

consents, except in suits -eteen married person, or proceedings in hich one marriedperson is prosecuted for any crime committed against the other.

;. Ev%ence a" !o aa%$" o S!a!e. :?o one shall -e permitted to gi$e any e$idence

deri$ed from unpu-lished official records relating to any affairs of State, except ith thepermission of the officer at the head of the department concerned, ho shall gi$e orithhold such permission as he thin8s fit.E35lana!%on. : In this +rticle, 6official record relating to the affairs of State 6 includesdocuments concerning industrial or commercial acti$ities carried on directly or indirectly,-y the 0ederal @o$ernment or a )ro$incial @o$ernment or any statutory -ody orcorporation or company set up or controlled -y such @o$ernment.

<. O%c%al co&&n%ca!%on". : ?o pu-lic officer shall -e compelled to disclosecommunications made to him in official, confidence, hen he considers that the pu-lic

interests ould suffer -y the disclosure.E35lana!%on. : In this +rticle, 6communications6 includes communications concerning

industrial or commercial acti$ities carried on, directly or indirectly, -y the 0ederal@o$ernment or a )ro$incial @o$ernment or any statutory -ody or corporation orcompany set up or controlled -y such @o$ernment.

8. Ino$&a!%on a" !o co&&%""%on o oence". : ?o Magistrate or police:officer shall-e compelled to say hence he got any information as to the commission of any offence,

and no /e$enue:officer shall -e compelled to say hence he got any information as tothe commission of any offence against the pu-lic re$enue.

#xplanation.: In this +rticle, 6/e$enue:officer6 means any officer employed in or a-outthe -usiness of any -ranch of the pu-lic re$enue.

9. P$oe""%onal co&&n%ca!%on". : ?o +d$ocate shall at any time -e permitted,unless ith his client6s express consent, to disclose any communication made to him inthe course and for the purpose of his employment as such ad$ocate, -y or on -ehalf ofhis client, or to state the contents or condition of any document ith hich he has-ecome acuainted in the course and for the purpose of his professional employment, orto disclose any ad$ice gi$en -y him to his client in the course and for the purpose ofsuch employment9

)ro$ided that nothing in this +rticle shall protect from disclosure9

;1< any such communication made in furtherance of any illegal purpose7 or

;2< any fact o-ser$ed -y any ad$ocate, in the course of his employment as such,shoing that any crime or fraud has -een committed since the commencement of hisemployment, hether the attention of such ad$ocate as or as not directed to suchfact -y or on -ehalf of his client.E35lana!%on. : he o-ligation stated in this +rticle continues after the employment hasceased.

I//USTRATIONS;a< +, a client says to >, an ad$ocate 6 I ish to o-tain possession of property -y use of

a forged deed on hich I reuest you to sue6.he communication, -eing made in furtherance of a criminal purpose, is not protected

from disclosure.;-< +, -eing charged ith em-eAAlement, retains >, an ad$ocate, to defend him. In the

course of the proceedings, - o-ser$es that an entry has -een made in +6s account -oo8



charging + ith the sum said to ha$e -een em-eAAled, hich entry as not in the -oo8at the commencement of his employment.his -eing a fact o-ser$ed -y >, in the course of his employment, shoing that a fraudhas -een committed since the commencement of the proceedings, it is not protectedfrom disclosure.

1=. A$!%cle 9 !o a55ly !o %n!e$5$e!e$", e!c.: he pro$isions of +rticle ( shall apply tointerpreters, and the cler8s or ser$ants of ad$ocates.

11. P$%v%lee no! >a%ve y voln!ee$%n ev%ence. : If any party to a suit gi$es

e$idence therein at his on instance or otherise, he shall not -e deemed to ha$econsented there-y to such disclosure as is mentioned in +rticle (, and, if any party to asuit or proceeding calls any such ad$ocate as a itness, he shall -e deemed to ha$econsented to such disclosure only if he uestions such ad$ocate on matters hich, -utfor such uestion, he ould not -e at li-erty to disclose.

1. #on%en!%al co&&n%ca!%on" >%!( leal av%"e$". : ?o one shall -e compelledto disclose to the !ourt, tri-unal or other authority exercising udicial or uasi:udicial

poers or urisdiction any confidential communication hich has ta8en place -eteenhim and his legal professional ad$iser, unless he offers himself as a itness, in hich

case he may -e compelled to disclose any such communications as may appear to the!ourt necessary to -e 8non in order to explain any e$idence hich he has gi$en, -ut no

others.

16. P$oc!%on o !%!le ee o >%!ne"", no! a 5a$!y. : ?o itness ho is not a partyto a suit shall -e compelled to produce his title deeds to any property or any documentin $irtue of hich he holds any property as pledgee or mortgagee or any document theproduction of hich might tend to criminate him, unless he has agreed in riting to

produce them ith the person see8ing the production of such deeds or some personthrough hom he claims.

14. P$oc!%on o oc&en!" >(%c( ano!(e$ 5e$"on, (av%n 5o""e""%on col

$e"e !o 5$oce. : ?o one shall -e compelled to produce documents in his possessionhich any other person ould -e entitled to refuse to produce if they ere in hispossession, unless such last mentioned person consents to their production.

1:. '%!ne"" no! e3c"e $o& an">e$%n on $on !(a! an">e$ >%llc$%&%na!e. : + itness shall not -e excused from ansering any uestion as to anymatter rele$ant to the matter in issue in any suit or in any ci$il or criminal proceedings,upon the ground that the anser to such uestion ill criminate or may tend directly or

indirectly to criminate, such itness, or that it ill expose, or tend directly or indirectlyto expose, such itness to a penalty or forfeiture of any 8ind9

)ro$ided that no such anser, hich a itness shall -e compelled to gi$e, shall su-ecthim to any arrest or prosecution, or -e pro$ed against him in any criminal proceeding,except a prosecution for gi$ing false e$idence -y such anser.

1;. Acco&5l%ce. : +n accomplice shall -e competent itness against an accusedperson, except in the case of an offence punisha-le ith add and a con$iction is notillegal merely -ecause it proceeds upon the uncorro-orated testimony of an accomplice.

1<. #o&5e!ence an n&e$ o >%!ne""e". :;1< he competence of a person totestify, and the num-er of itnesses reuired in any case shall -e determined in

accordance ith the Inunctions of Islam as laid don in the oly 5ur6an and Sunnah.;2< Bnless otherise pro$ided in any la relating to the enforcement of udood or any

other special la, :

;a< in matters pertaining to financial or future o-ligations, if reduced to riting, theinstrument shall -e attested -y to men, or one man and to omen, so that one may



remind the other, if necessary and e$idence shall -e led accordingly7 and;-< in all other matters, the !ourt may accept, or act on, the testimony of one man orone oman or such other e$idence as the circumstances of the case may arrant.

#HAPTER IIIOF THE RE/E0AN# OF FA#TS

18. Ev%ence &ay e %ven o ac!" %n %""e an $elevan! ac!". :#$idence may -e

gi$en in any suit or proceedings of existence or non:existence of e$ery fact in issue and

of such other facts as or hereinafter declared to -e rele$ant, and of no others.

E35lana!%on. : his +rticle shall not ena-le any person to gi$e e$idence of a fact hich

he is disentitled to pro$e -y any pro$ision of the la or the time -eing in force relating to

!i$il )rocedure,

I//USTRATIONS

;a< + is tried for the murder of > -y -eating him ith a clu- ith the intention of causing

his death.

+t +6s trial the folloing facts are in issue9 :

+6s -eating > ith the clu- 7

+6s causing >6s death -y such -eating7 +6s intention to cause >6s death.

;-< + suitor does not -ring ith him, and ha$e in readiness for production at the first

hearing of the case, a -ond on hich he relies. his +rticle does not ena-le him to

produce the -ond or pro$e its contents at a su-seuent stage of the proceeding,

otherise than in accordance ith the conditions prescri-ed -y the la for the time

-eing in force relating to !i$il )rocedure.

19. Relevancy o ac!" o$&%n 5a$! o "a&e !$an"ac!%on. :0act hich though not in

issue are so connected ith a fact in issue as to form part of the same transaction, are

rele$ant, hether they occurred at the same time and place or at different time andplaces.

I//USTRATIONS

;a< + is accused of the murder of > -y -eating him. Whate$er as said or done -y + or >

or the -y:standers at the -eating, or so, shortly -efore after or it as to form part of the

transaction, is a rele$ant fact.

;-< + is accused of aging ar against )a8istan -y ta8ing part in an armed insurrection

in hich property is destroyed, troops are attac8ed, and goals are -ro8en open. he

occurrence of these facts is rele$ant, as forming part of the general transaction, though

+ may not ha$e -een present at all of them.

;c< + sues > for a li-el contained in a letter forming part of correspondence. Cetters-eteen the parties relating to the su-ect out of hich the li-el arose, and forming part

of the correspondence in hich it is contained, are rele$ant facts, though they do not

contain the li-el itself.

;d< he uestion is, hether certain goods ordered from > ere deli$ered to +. he

goods ere deli$ered to se$eral intermediate persons successi$ely. #ach deli$ery is a

rele$ant facts.

=. Fac!" >(%c( a$e !(e occa"%on, ca"e o$ eec! o ac!" %n %""e.: 0acts hich

are the occasion, cause or effect, immediate or otherise, of rele$ant facts, or facts, in

issue, or hich constitute the state of things under hich they happened, or hich

afforded an opportunity for their occurrence or transaction are rele$ant.



I//USTRATIONS

;a< he uestion is, hether + ro--ed >.

he facts that, shortly -efore the ro--ery, > ent to a fair ith money in his possession,

and that he shoed it or mentioned the fact that he had it, to third person, are rele$ant.

;-< he uestion is, here + murdered >.

Mar8s on the ground, produced -y a struggle at or near the place here the murder ascommitted, are rele$ant facts.

;c< he uestion is, hether + poisoned >.

he state of >6s health -efore the symptoms ascri-ed to poison, and ha-its of >, 8non

to +, hich afforded an opportunity for the administration of poison are rele$ant facts.

1. 2o!%ve, 5$e5a$a!%on an 5$ev%o" o$ ""e?en! conc!. : ;1< +ny fact is

rele$ant hich shos or constitutes a moti$e or preparation for any fact in issue or

rele$ant fact.

;2< he conduct of any party, or of any agent to any party, to any suit or proceeding, in

reference to such suit or proceedings, or in reference to any fact in issue therein, orrele$ant thereto, and the conduct of any person an offence against hom is the su-ect

of proceeding, is rele$ant, if such conduct influences or is influenced -y any fact in issue

or rele$ant fact, and hether it as pre$ious or su-seuent thereto.

E35lana!%on 1. : he ord 6conduct6 in this clause does not include statements unless

those statements accompany and explain acts other than statements, -ut this

explanation is not to effect the rele$ancy of statements under any other article of this

&rder.

E35lana!%on . : When the conduct of any person is rele$ant, any statement made to

him or in his presence and hearing, hich affects such conduct, is rele$ant.

I//USTRATIONS

;a< + is tried for the murder of >.

he facts that + murdered !, that > 8ne that + had murdered !, and that > had tried

to extort money from + -y threatening to ma8e his 8noledge pu-lic, are rele$ant.

;-< + sues > upon a -ond for the payment of money. > denies the ma8ing of the -ond.

he fact that, at the time hen the -ond as alleged to -e made, > reuired money for

a particular purpose, is rele$ant.

;c< + is tried for the murder of > -y poison. he fact that, -efore the death of >, +

procured poison similar to that hich as administered to >, is rele$ant.

;d< he uestion is hether a certain document is the ill of +.he facts that, not long -efore the date of the alleged ill + made inuiry into matters to

hich the pro$isions of the alleged ill relate, that he consulted +d$ocate in reference to

ma8ing the ill, and that he caused drafts of other ill to -e prepared of hich he did

not appro$e, are rele$ant.

;e< + is accused of a crime.

he facts that, either -efore or at the time of, or after the alleged crime, + pro$ided

e$idence hich ould tend to gi$e to the facts of the case on appearance fa$oura-le to

himself, or that he destroyed or concealed e$idence or pre$ented the presence or

procured the a-sence of persons ho might ha$e -een itnesses, or su-orned persons

to gi$e false e$idence respecting it, are rele$ant.

;f< he uestion is hether + ro--ed >.

he facts that, after > as ro--ed, ! said in +6s presence9 6the police are coming to loo8



for the man ho ro--ed >6, and that immediately afterards + ran aay7 are rele$ant.

;g< he uestion is hether + oes > rupees 1*,***.

he facts that + as8ed ! to lend him money, and that D said to ! in +6s presence and

hearing 6I ad$ise you not to trust +, for he oes > 1*,*** rupees6 and that + ent aay

ithout ma8ing any anser, are rele$ant facts.

;h< he uestion is, hether + committed crime.he fact that + a-sconded after recei$ing a letter arning him that inuiry as -eing

made for the criminal, and the contents of the letter, are rele$ant.

;i< + is accused of a crime.

he facts that, after the commission of the alleged crime, -e a-sconded, or as in

possession of property or the proceeds of property acuired -y the crime, or attempted

to conceal things hich ere or might ha$e -een used in committing it, are rele$ant.

;< he uestion is, hether + as ra$ished.

he facts that, shortly after the alleged rape, she made a complaint relating to the

crime, the circumstances under hich, and the terms in hich, the complaint as made

are rele$ant.

he fact that, ithout ma8ing a complaint, she said that she had -een ra$ished is not

rele$ant as conduct under this +rticle though it may -e rele$ant as a dying declaration

under +rticle 4" paragraph ;1< or as corro-orati$e e$idence under +rticle 13.

;8< he uestion is hether + as ro--ed.

he fact that soon after the alleged ro--ery, he made a complaint relating to the offence,

the circumstances under hich, and the terms in hich, the complaint as made, are

rele$ant.

he fact that, he said he had -een ro--ed ithout ma8ing any complaint, is not rele$ant,

as conduct under this +rticle, though it may -e rele$ant as a dying declaration under

+rticle 4" paragraph ;1< or as corro-orati$e e$idence under +rticle 13.

. Fac!" nece""a$y !o e35la%n o$ %n!$oce $elevan! ac!". : 0acts necessary to

explain or introduce a fact in issue or rele$ant fact, or hich support or re-ut an

inference suggested -y .1 fact in issue or rele$ant fact, or hich esta-lish the identity of

anything or person hose identity is rele$ant, or fix the time or place at hich any fact

in issue or rele$ant fact happened, or hich sho the:relation of parties -y hom any

such fact as transacted, are rele$ant in so far as they are necessary for that purpose.

I//USTRATIONS

;a< he uestion is, hether a gi$en document is the ill of +.

he state of +6s property and of his family at the date of the alleged ill may -e rele$ant

facts.;-< + sues > for a li-el imputing disgraceful conduct to +7 > affirms that the matters

alleged to -e li-ellous is true.

he position and relations of the parties at the time hen the li-el as pu-lished may -e

rele$ant facts as introductory to the facts in issue.

he particulars of dispute -eteen + and > a-out a matter unconnected ith the alleged

li-el are irrele$ant, though the fact that there as a dispute may -e rele$ant if it affected

the relations -eteen + and >.

;c< + is accused of a crime.

he fact that, soon after commission of the crime, + a-sconded from his house, is

rele$ant under +rticle 21, as conduct su-seuent to and affected -y

he fact that at the time hen he left home he had sudden and urgent -usiness at theplace to hich he ent, is rele$ant as tending to explain the fact that he left home



suddenly.

he details of the -usiness on hich he left are not rele$ant in so far as they are

necessary to sho that the -usiness as sudden and urgent.

;d< + sues > for inducing ! to -rea8 a contract of ser$ice made -y him ith +!. on

lea$ing +6s ser$ice says to + 6I am lea$ing you -ecause > has made me a -etter offer6.

his statement is a rele$ant fact as explanatory of !6s conduct hich is rele$ant as a factin issue.

;e< +, accused of theft, is seen to gi$e the stolen property, to >, ho is seen to gi$e it to

+6s ife. >, says as he deli$ers it9 6+ says you are to hide this6, >6s statement is rele$ant

as explanatory of a fact hich is part of the transaction.

;f< + is tried for a riot and is pro$ed to ha$e marched at the head of a mo-. he cries of

the mo- are rele$ant as explanatory of the nature of the transaction.

6. T(%n" "a% o$ one y con"5%$a!o$ %n $ee$ence !o co&&on e"%n. :Where

there is reasona-le ground to -elie$e that to or more persons ha$e conspired together

to commit an offence or an actiona-le rong anything said, done or ritten -y any of

such persons in reference to their common intention, after the time hen such intention

as first entertained -y any one of them, is a rele$ant fact as against each of the

persons -elie$ed to -e so conspiring, as ell for the purpose of pro$ing the existence of

the conspiracy as for the purpose of shoing that any such person as a party to it.

I//USTRATIONS

/easona-le ground exists for -elie$ing that + has oined in a conspiracy to age ar

against )a8istan.

he facts that > procured arms in #urope for the purpose of the conspiracy, ! collected

money in )eshaar for a li8e o-ect, D persuaded persons to oin the conspiracy in

Earachi, # pu-lished ritings ad$ocating the o-ect in $ie at Multan, and 0 transmitted

from Cahore to ! at Ea-ul the money hich ! had collected at )eshaar and contents of

a letter ritten -y gi$ing an account of the conspiracy are each rele$ant, -oth to pro$e

the existence of the conspiracy, and to pro$e +6s complicity in it, although he may ha$e

-een ignorant of all of them, and although the persons -y hom they ere done ere

strangers to him and although they may ha$e -een ta8en place -efore he oined the

conspiracy or after he left it.

4. '(en ac!" no! o!(e$>%"e $elevan! eco&e $elevan!. : 0acts not otherise

rele$ant are rele$ant:

;1< If they are inconsistent ith any fact in issue or rele$ant fact.

;2< If -y themsel$es or in connection ith other facts they ma8e the existence or non:

existence of any fact in issue or rele$ant fact highly pro-a-le or impro-a-le.

I//USTRATIONS

;a< the uestion is, hether + committed a crime at )eshaar on a certain day.

he fact that, on that day, + as at Cahore is rele$ant.

he fact that, near the time hen the crimes as committed, + as at a distance from

the place here it as committed, hich ould render it highly impro-a-le, though not

impossi-le, that he committed it, is rele$ant.

;-< he uestion, is, hether + committed a crime.

he circumstances are such that the crime must ha$e -een committed either -y +, >, !or D. #$ery fact hich shos that the crime could ha$e -een committed -y no one else





he fact that + had accepted other -ills dran in the same manner -efore they could

ha$e -een transmitted to him -y the payee if the payee had -een a real person, is

rele$ant as shoing that + 8ne that the payee as a fictitious person.

;e< + is accused of defaming > -y pu-lishing an imputation intended to harm the

reputation of >.

he fact of pre$ious pu-lications -y + respecting >, shoing ill:ill on the part of +toards > is rele$ant, as pro$ing +6s intention to harm >6s reputation -y the particular

pu-lication in uestion.

he facts that there as no pre$ious uarrel -eteen + and >, and that + repeated the

matter complained of as he heard it, are rele$ant, as shoing that + did not intend to

harm the reputation of >.

;f< + is sued -y > for fraudulently representing to > that ! as sol$ent here-y >, -eing

induced to trust !, ho as insol$ent, suffered loss.

he fact that at the time hen + represented ! to -e sol$ent, ! as supposed to -e

sol$ent -y his neigh-ours and -y persons 6dealing ith him, is rele$ant, as shoing that

+ made the representation in good faith.

;g< + is sued -y > for the price of or8 done -y >, upon a house of hich + is oner, -y

the order of !, a contractor.

+6s defence is that >6s contract as ith !.

he fact that + paid ! for the or8 in uestion is rele$ant, as pro$ing that + did in good

faith, ma8e o$er to ! the management of the or8 in uestion, so that ! as in a

position to contract ith > on !6s on account, and not as agent for +.

;h< + is accused of the dishonest misappropriation of property hich he had found, and

the uestion is hether hen he appropriated it, -e -elie$ed in good faith that the real

oner could not -e found.

he fact that pu-lic notice of the loss of the property had -een gi$en in the place here

+ as, is rele$ant, as shoing that + did not in good faith -elie$e that the real oner ofthe property could not -e found.

he fact that + 8ne, or had reason to -elie$e, that the notice as gi$en fraudulently -y

!, ho had heard of the loss of the property and ished to set up a false claim to it, is

rele$ant, as shoing that the fact that + 8ne of the notice did no dispro$e +6s good

faith.

;i< + is charged ith shooting at > ith intent to 8ill him. In order to sho +6s intent the

fact of +6s ha$ing pre$iously shot at > may -e pro$ed.

;< + is charged ith sending threatening letters to >. hreatening letters pre$iously sent

-y + to > may -e pro$ed, as snoing the intention of the letters.

;8= he uestion is, hether + has -een guilty of cruelty toards >, his ife.

#xpressions of their feeling toards each other shortly -efore or after the alleged crueltyare rele$ant facts.

;l< he uestion is hether +6s death as caused -y poison. Statements made -y +

during his illness as to his symptoms are rele$ant facts.

;m< he uestion is, hat as the state of +6s health at the time an assurance on his life

as effected.

Statement made -y + as to the state of his health of or near the time in uestion are

rele$ant facts.

;n< + sues > for negligence in pro$iding him ith a carriage for hire not reasona-ly fit for

use, here-y + as inured.

he fact that >6s attention as dran on other occasions to the defect of that particular

carriage is rele$ant.

he fact that > as ha-itually negligent a-out the carriages hich he let to hire is



irrele$ant.

;o< + is tried for the murder of > -y intentionally shooting him dead.

he fact that + on other occasions shot at > is rele$ant as shoing his intention to shoot

>.

he fact that + as in the ha-it of shooting at people ith intent to murder them is

irrele$ant.;p< + is tried for a crime.

he fact that he said something indicating an intention to commit that particular crime is

rele$ant.

he fact that he said something indicating a general disposition to commit crimes of that

class is irrele$ant.

8. Fac!" ea$%n on ?e"!%on >(e!(e$ ac! >a" acc%en!al o$ %n!en!%onal. :When

there is a uestion hether an act as accidental or intentional, or done ith a particular

8noledge or intention, the fact that such act formed part of a series of similar

occurrence, in each of hich the person doing the act as concerned, is rele$ant.

I//USTRATIONS

;a< + is accused of -urning don his house in order to o-tain money for hich it is

insured.

he facts that + li$ed in se$eral houses successi$ely each of hich he insured, in each of

hich a fire occurred, and after each of hich fires + recei$ed payment from different

insurance officers, are rele$ant, as tending to sho that the fires ere not accidental.

;-< + is employed to recei$e money from the de-tors of >. It is +6s duty to ma8e entries

in a -oo8 shoing the amounts recei$ed -y him. e ma8es an entry shoing that on a

particular occasion he recei$ed less than he really did recei$e.

he uestion is hether this false entry as accidental or intentional.

he facts that other entries made -y + in the same -oo8 are false, and that the false

entry is in each case in fa$our of +, are rele$ant.

;c< + is accused of fraudulently deli$ering to > a counterfeit rupee. he uestion, is

hether the deli$ery of the rupee as accidental.

he facts that, soon -efore or soon after the deli$ery to >, + deli$ered counterfeit rupees

to !, D and # are rele$ant as shoing that the deli$ery to > as not accidental.

9. E3%"!ence o co$"e o "%ne"" >(en $elevan!. :When there is a uestion

hether a particular act as done, the existence of any course of -usiness, according to

hich it naturally ould ha$e -een done, is a rele$ant fact.

I//USTRATIONS

;a< he uestion is, hether a particular letter as despatched.

he facts that it as the ordinary course of -usiness for all letters put in a certain place

to -e carried to the post, and that particular letter as put in that place are rele$ant.

;-< he uestion is, hether a particular letter reached +.

he facts that it as posted in due course, and as not returned through the Dead

Cetter &ffice, are rele$ant.

A&%""%on"

3*. +dmission defined31. +dmission -y party to proceeding or his agent, etc.



32. +dmissions -y persons hose position must -e pro$ed as against party of suit33. +dmission -y persons expressly referred to -y party to suit34. )roof of admissions against persons ma8ing them, and -y or on their -ehalf3. When oral admissions as to contents of documents are rele$ant3". +dmissions in ci$il cases hen rele$ant3%. !onfession caused -y inducement, threat or promise, hen irrele$ant in criminal

proceedings3'. !onfession to police:officer not to -e pro$ed

3(. !onfession: -y accused hile in custody of police not to -e pro$ed against him4*. o much of information recei$ed from accused may -e pro$ed

41. !onfession made after remo$al of impression caused -y inducement, threat orpromise, rele$ant42. !onfession otherise rele$ant not to -ecome irrele$ant -ecause of promise ofsecrecy, etc.43. !onsideration of pro$ed confession affecting person ma8ing it and others ointlyunder trial for same offence44. +ccused persons to -e lia-le to cross:examination4. +dmissions not conclusi$e proof, -ut may estop

S!a!e&en! y 5e$"on >(o canno! e calle A" '%!ne"" 4". !ases in hich statement of rele$ant fact -y person ho is dead or cannot -e found,

etc., is rele$ant9When it relates to cause of death

or is made in course of -usinessor against interest of ma8eror gi$es opinion as to pu-lic right or custom or matters of general interestor relates to existence of relationshipor is made in ill or deed relating to family affairsor in document relating to transaction mentioned in +rticle 2", paragraph ;a<or is made -y se$eral persons and expresses feelings rele$ant to matter in uestion4%. /ele$ancy of certain e$idence for pro$ing in su-seuent proceeding, the truth of

facts therein stated

S!a!e&en! &ae ne$ S5ec%al #%$c&"!ance

4'. #ntries in -oo8s of account hen rele$ant4(. /ele$ancy of entry in pu-lic record made in performance of duty*. /ele$ancy of statements in maps, charts and plants1. /ele$ancy of statement as to fact of pu-lic nature, contained in certain +cts ornotifications2. /ele$ancy of statements as to any la contained in la:-oo8s

Ho> 2c( o a S!a!e&en! %" !o e 5$ove 3. What e$idence to -e gi$en hen statement forms part of a con$ersation, document,

-oo8, or series of letters or papers

7&en! o #o$!" o 7"!%ce >(en Relevan!

4. )re$ious udgments rele$ant to -ar a second suit or trial. /ele$ancy of certain udgment in pro-ate, etc., urisdiction

". /ele$ancy and effect of udgments, order or decrees, other than those mentioned in+rticle %. Judgment etc., other than those mentioned in +rticles 4 to " hen rele$ant'. 0raud of collusion in o-taining udgment, or incompetency of !ourt may -epro$ed

O5%n%on o T(%$ Pe$"on" >(en Relevan! (. &pinion of experts

"*. 0acts -earing upon opinions of experts"1. &pinion as to handriting, hen rele$ant



"2. &ption as to existence of right or custom, hen rele$ant"3. &pinion as to usages, tents, etc., hen rele$ant"4. &pinion on relationship, hen rele$ant". @rounds of opinion, hen rele$ant

#(a$ac!e$ >(en Relevan!

"". In ci$il cases character to pro$e conduct imputed, irrele$ant"%. In criminal cases, pre$ious good character rele$ant"'. )re$ious -ad character not rele$ant, except in reply

"(. !haracter as affecting damages

6=. A&%""%on e%ne. :+n admission is a statement, oral or documentary, hich

suggests may inference as to any fact in issue or rele$ant fact, and hich is made -yany of the persons, and under the circumstances, hereinafter mentioned.

61. A&%""%on y 5a$!y !o 5$ocee%n o$ (%" aen!, e!c.:;1< Statements made -y aparty to the proceeding, or -y an agent to any such party, hom tine !ourt regards,under the circumstances of the case, as expressly or impliedly authoriAed -y him toma8e them, are admissions.

;2< Statements made -y parties to suits suing or sued in a representati$e character, arenot admissions, unless they ere made hile the party ma8ing them held that character.

;3< Statements made -y9 :

;a< persons ho ha$e any proprietary or pecuniary interest in the su-ect:matter of theproceeding, and ho ma8e the statement in their character of persons so interested, or

;-< persons from hom the parties to the suit ha$e deri$ed their interest in the su-ect:matter of the suit, are admissions if they are made during the continuance of the interestof the persons ma8ing the statements.

6. A&%""%on y 5e$"on" >(o"e 5o"%!%on &"! e 5$ove a" aa%n"! 5a$!y !o

"%!. :Statements made -y persons, hose position or lia-ility it is necessary to pro$e asagainst any party to the suit, are admissions, if such statements ould -e rele$ant asagainst such persons in relation to such position or lia-ility in a suit -rought -y or

against them, and if they are made hilst the person ma8ing them occupies suchposition or su-ect to such lia-ility.

I//USTRATIONS+ underta8es to collect rents for >.

> sues + for not collecting rent due from ! to >.+ denies that rent as due from ! to >.+ statement -y ! that he oed > rent is an admission and is a rele$ant fact as against +if + denies that ! did oe rent to >.

66. A&%""%on y 5e$"on" e35$e""ly $ee$$e !o y 5a$!y !o "%!. : Statementsmade -y persons to hom a party to the suit has expressly referred for information inreference to matter in dispute are admissions.

I//USTRATIONShe uestion is, hether a horse sold -y + to > is sound. + says to >9 6@o and as8 !9 !

8nos all a-out it.6 !6s statement is on admission.

64. P$oo o a&%""%on" aa%n"! 5e$"on" &a@%n !(e&, an y o$ on !(e%$e(al. :+dmissions are rele$ant and may -e pro$ed as against the person ho ma8esthem, or his representati$e in interest7 -ut they cannot -e pro$ed -y or on -ehalf of theperson ho ma8es them or -y his representati$e in interest, except in the folloingcases9 :

;1< +n admission may -e pro$ed -y or on -ehalf of the person ma8ing it, hen it is ofsuch a nature that, if the person ma8ing it ere dead, it ould -e rele$ant as -eteen



third persons under +rticle 4".

;2< +n admission may -e pro$ed -y or on -ehalf of the person ma8ing it, hen itconsists of a statement of the existence of any state of mind or -ody, rele$ant or inissue, made at or a-out the time hen such state of mind or -ody existed, and isaccompanied -y conduct rendering its falsehood impro-a-le.

;3< +n admission may -e pro$ed -y or on -ehalf of the person ma8ing it, if it is rele$antotherise than as an admission.

I//USTRATIONS

;a< he uestion -eteen + and > is, hether a certain deed is or is not forged, +affirms that it is genuine, > that it is forged.

+ may pro$e a statement -y > that the deed is genuine, and > may pro$e a statement-y + that the deed is forged7 -ut + cannot pro$e a statement -y himself that the deed is

genuine, nor can > pro$e a statement -y himself that the deed is forged.;-< +, the captain of ship, is tried for casting her aay.#$idence is gi$en to sho that the ship as ta8en out of her proper course.+ produces a -oo8 8ept -y him in the ordinary course of his -usiness shoing

o-ser$ations alleged to ha$e -een ta8en -y him from day:to:day, and indicating that theship as not ta8en out of her proper course, + may pro$e these statements, -ecausethey ould -e admissi-le -eteen third parties, if he ere dead, under +rticle 4"paragraph ;2<.

;c< + is accused of a crime committed -y him at )eshaar.e produces a letter ritten -y himself and dated at Cahore on that day, and -earing the

Cahore post:mar8s of that day.he statement in the date of the letter is admissi-le, -ecause, if + ere dead, it ould-e admissi-le under +rticle 4" paragraph ;2<.;d< + is accused of recei$ing stolen goods 8noing them to -e stolen. e offers to pro$ethat he refused to sell them -elo their $alue.+ may pro$e these statements, though they are admissions, -ecause they are

explanatory of conduct influenced -y facts in issue.;e< + is accused of fraudulently ha$ing in his possession counterfeit, coin hich he 8ne

to -e counterfeit.e offers to pro$e that he as8ed a s8ilful person to examine the coin as he dou-ted

hether it as counterfeit or not, and that person did examine it and told him it asgenuine.+ may pro$e these facts for the reasons stated the last preceding illustration.

6:. '(en o$al a&%""%on" a" !o con!en!" o oc&en!" a$e $elevan!. : &raladmissions as to the contents of a documents are not rele$ant, unless and until the partyproposing to pro$e them shos that he is entitled to gi$e secondary e$idence of thecontents of such document under the rules hereinafter contained, or unless the

genuineness of a document produced is in uestion.

6;. A&%""%on %n c%v%l ca"e" >(en $elevan!. :In ci$il cases no admission is rele$ant,if it is made either upon an express condition that e$idence of it is not to -e gi$en, or

under circumstances from hich the !ourt can infer that the parties agreed together thate$idence of it should not -e gi$en.E35lana!%on. :?othing in this +rticle shall -e ta8en to exempt any ad$ocate from gi$inge$idence of any matter of hich he may -e compelled to gi$e e$idence under +rticle (.

6<. #one""%on ca"e y %nce&en!, !($ea! o$ 5$o&%"e, >(en %$$elevan! %n

c$%&%nal 5$ocee%n. :+ confession made -y an accused person is irrele$ant in acriminal proceeding, if the ma8ing of the confession appears to the !ourt to ha$e -een

caused -y any inducement, threat or promise ha$ing reference to the charge against theaccused person, proceeding from a person in authority arid sufficient, in the opinion of

the !ourt, to gi$e the accused person grounds hich ould appear to him reasona-le for



supposing that -y ma8ing it he ould gain any ad$antage or a$oid any e$il of a temporalnature in reference to the proceedings against him.

68. #one""%on !o 5ol%ce o%ce$ no! !o e 5$ove. :?o confession made to a police:officer shall -e pro$ed as against a person accused of any offence.

69. #one""%on y acc"e >(%le %n c"!oy o 5ol%ce no! !o e 5$ove aa%n"!(%&. :Su-ect to +rticle 4*, no confession made -y any person hilst he is in the

custody of a police:officer, unless it -e made in the immediate presence of a Magistrate,shall -e pro$ed as against such person.

E35lana!%on. :In this +rticle, 6Magistrate6 does not include the head of a $illagedischarging magisterial functions unless such headman is a Magistrate exercising thepoers of a Magistrate under the !ode of !riminal )rocedure, 1'(' ;+ct of 1'('<.

4=. Ho> &c( o %no$&a!%on $ece%ve $o& acc"e &ay e 5$ove. :When anyfact is deposed to as disco$ered in conseuence of information recei$ed from a personaccused of any offence, in the custody of a police officer, so much of such information,hether it amounts to a confession or not, as relates distinctly to the fact there-y

disco$ered, may -e pro$ed.

41. #one""%on &ae a!e$ $e&oval o %&5$e""%on ca"e y %nce&en! !($ea!o$ 5$o&%"e, $elevan!. :If such a confession as is referred to in +rticle 3% is made after

the impression caused -y any such inducement, threat or promise has, in the opinion ofthe !ourt, -een fully remo$ed, it is rele$ant.

4. #one""%on o!(e$>%"e $elevan! no! !o eco&e %$$elevan! eca"e o 5$o&%"eo "ec$ecy, e!c.:If such a confession is otherise rele$ant, it does not -ecomeirrele$ant merely -ecause it as made under a promise of secrecy, or in conseuence of

a deceptionpracticed on the accused person for the purpose of o-taining it, or hen he as drun8,

or -ecause it as made in anser to uestions hich he need not ha$e ansered,hate$er may ha$e -een the form of those uestions, or -ecause he as not arned

that he as not -ound to ma8e such confession, and that e$idence of it might -e gi$enagainst him 9)ro$ided that the pro$isions of this +rticle shall not apply to the trial of cases under thelas relating to the enforcement of udood.

46. #on"%e$a!%on o 5$ove cone""%on aec!%n 5e$"on &a@%n %! an o!(e$" o%n!ly ne$ !$%al o$ "a&e oence.:When more persons than one are -eing tried ointly for the same offence, and a confession made -y one of such persons is pro$ed 9:;a< such confession shall -e proof against the persons 7 ma8ing it7 and

;-< the !ourt may ta8e into consideration such confession as circumstantial e$idenceagainst such other person.

E35lana!%on. :6&ffence6, as used in this +rticle, includes the a-etment of, or attempt tocommit, the offence.

I//USTRATIONS;a< + and > are ointly tried for the murder of !. It is pro$ed that + said, > and Imurdered !6. he !ourt may consider the effect of this confession as against >.;-< + is on his trial for the murder of !. here is e$idence to sho that ! as murdered-y + and >, and that > said9 6+ and I murdered !6.his statement may not -e ta8en into consideration -y the !ourt against + as > is not

-eing ointly tried.

44. Acc"e 5e$"on" !o e l%ale !o c$o""-e3a&%na!%on. :+ll accused persons,

including an accomplice, shall -e lia-le to cross:examination.

4:. A&%""%on no! concl"%ve 5$oo ! &ay e"!o5. :+dmissions are not conclusi$e



proof of the matters admitted -ut they may operate as estoppels under the pro$isionshereinafter contained.

STATE2ENTS B PERSONS 'HO #ANNOT BE #A//ED AS 'ITNESSES4;. #a"e" %n >(%c( "!a!e&en! o $elevan! ac! y 5e$"on >(o %" ea o$ canno!

e on, e!c, %" $elevan!. :Statements, ritten or $er-al, of rele$ant facts made -y aperson ho is dead, or ho cannot -e found, or ho has -ecome incapa-le of gi$inge$idence, or hose attendance cannot -e procured ithout an amount of delay orexpense hich under the circumstances of the case appears to the !ourt unreasona-le,

are themsel$es rele$ant facts in the folloing cases9

;1< When it relates to cause of death. :When the statement is made -y a person as to

the case of his death, or as to any of the circumstances of the transaction hich resultedin his death, in cases in hich the cause of that person6s death comes into uestion such

statements are rele$ant hether the person ho made them as or as not, at the timehen they ere made, under expectation of death, and hate$er may -e the nature ofthe proceeding in hich the cause of his death comes into uestion.

;2< &r is made in course of -usiness. :When the statement as made -y such person inthe ordinary course of -usiness, and in particular hen it consists of any entry ormemorandum made -y him in -oo8s 8ept in the ordinary course of -usiness, or in thedischarge of professional duty 7 or of an ac8noledgement ritten or signed -y him ofthe receipt of money, goods, securities, or property of any 8ind 7 or of a document used

in commerce ritten or signed -y him, or of the date of a letter or other documentusually dated, ritten or signed -y him.

;3< &r against Interest of ma8er. :When the statement is against the pecuniary orproprietary interest of the person ma8ing it, or hen, if true, it ould expose or ouldha$e exposed or ould ha$e exposed him to a criminal prosecution or to a suit fordamages.

;4< &r gi$es opinion as to pu-lic right or customs, or matters of general Interest. :Whenthe statement gi$es the opinion of any such person, as to the existence of any pu-licright custom or matter of pu-lic or general interest, of the existence, of hich if itexisted, he ould ha$e -een li8ely to -e aare, and hen such statement as made

-efore any contro$ersy as to such right, custom or matter has arisen.

;< &r relates to existence of relationship. :When the statement relates to the existence

of any relationship -y -lood, marriage or adoption -eteen persons as to hoserelationship -y -lood, marriage or adoption the person ma8ing the statement had special

means of 8noledge and hen the statement as made -efore the uestion in disputeas raised.

;"< &r is made in ill or deed relating to family affairs. :When the statement relates tothe existence of any relationship -y -lood, marriage or adoption -eteen personsdeceased, and is made in any ill or deed relating to the affairs of the family to hichany such deceased person -elonged, or in any family pedigree, or upon any tom- stone,family portrait or other thing on hich such statements are usually made, and hensuch statement as made -efore the uestion in dispute as raised.

;%< &r in document relating to transaction mentioned in +rticle 2", paragraph ;a<. :Whenthe statement is contained in any deed, ill or other document hich relates to any such

transaction as is mentioned in +rticle 2", paragraph ;a<.

;'< &r is made -y se$eral persons and expresses feelings rele$ant to matter in uestion.:When the statement as made -y a num-er of persons, and expressed feelings orimpressions on their part rele$ant to the matter in uestion.



I//USTRATIONS;a< he uestion is, hether + as murdered -y >7 or + dies of inuries recei$ed in atransaction in the course of hich she as ra$ished. he uestion is, hether she asra$ished -y > 7 orhe uestion is, hether + as 8illed -y > under such circumstances that a suit ould lieagainst > -y +6s ido.

Statements made -y + as to the cause of his or her death, referring respecti$ely to themurder, the rape and the actiona-le rong under consideration are rele$ant facts.

;-< he uestion is as to the date of + -irth.+n entry in the diary of a deceased surgeon regularly 8ept in the course of -usiness,

stating that, on a gi$en day, he attended +6s mother and deli$ered her of a son, if arele$ant fact.;c< he uestion is, hether + as in )eshaar on a gi$en day.+ statement in the diary of deceased solicitor, regularly 8ept in the course of -usiness,that on a gi$en day the solicitor attended + at a place mentioned, in )eshaar, for thepurpose of conferring ith him upon specified -usiness, is a rele$ant fact.;d< he uestion is, hether a ship sailed from Earachi har-our on a gi$en day.+ letter ritten -y a deceased mem-er of a merchant6s firm -y hich she as chartered

to their correspondents in Condon, to hom the cargo as consigned, stating that shipsailed on a gi$en day from Earachi har-our, is a rele$ant fact.

;e< he uestion is, hether rent as paid to + for certain land.+ letter from +6s deceased 6agent to + saying that he had recei$ed the rent on +6s

account and held it at +6s order, is a rele$ant fact.;f< he uestion is, hether + and > ere legally married.he statement of a deceased clergyman that he married them under such circumstances,that the cele-ration ould -e a crime, is rele$ant.;g< he uestion is, hether +, a person ho cannot -e found, rote a letter on acertain day. he fact that a letter ritten -y him is dated on that day is rele$ant.

;h< he uestion is, hat as the cause of the rec8 of a ship, is a rele$ant fact.+ protest made -y the !aptain, hose attendance cannot -e procured, is a rele$ant fact.

;i< he uestion is, hether a gi$en road is a pu-lic ay.+ statement -y +, deceased headman of the $illage, that the road as pu-lic, is a

rele$ant fact.;< he uestion is, hat as the price of grain on a certain day in a particular mar8et. +statement of the price, made -y a deceased >anya in the ordinary course of his-usiness, is a rele$ant fact.;8< he uestion is, hether +, ho is dead, as the father of >. + statement -y + that> as his son is a rele$ant fact.;l< he uestion is, hat as the date of the -irth of +.+ letter from +6s deceased father to a friend, announcing the -irth of + on a gi$en day, is

a rele$ant fact.;m< he uestion is, hether and hen, + and > ere married.

+n entry in a memorandum -oo8 -y !, the deceased father of >, of his daughter6smarriage ith + on a gi$en date, is a rele$ant fact.;n< + sues > for a li-el expressed in a painted caricature exposed in a shop indo. heuestion is as to the similarity of the caricature and its li-ellous character. he remar8sof a crod of spectators on these points may -e pro$ed.

4<. Relevancy o ce$!a%n ev%ence o$ 5$ov%n, %n ""e?en! 5$ocee%n, !(e!$!( o ac!" !(e$e%n "!a!e.: #$idence, gi$en -y a itness in a udicial proceeding, or

-efore any person authorised -y la to ta8e it is rele$ant for the purpose of pro$ing, in asu-seuent udicial proceeding, or in a later stage of the same udicial proceeding, the

truth of the facts hich it states, hen the itness is dead or cannot -e found, or isincapa-le of gi$ing e$idence, or is 8ept out of the ay -y the ad$erse party, or if his

presence cannot -e o-tained ithout an amount of delay or expense hich, under the

circumstances of the case, the !ourt considers unreasona-le 9)ro$ided that:



the proceeding as -eteen the same parties or their representati$es:in:interest 7the ad$erse party in the first proceeding had the right and opportunity to cross:examine7the uestions in issue ere su-stantially the same in the first as in the secondproceeding.E35lana!%on. : + criminal trial or inuiry shall -e deemed to -e a proceeding -eteenthe prosecutor and the accused ithin the meaning of this +rticle.

STATE2ENT 2ADE UNDER SPE#IA/ #IR#U2STAN#ES48. En!$%e" %n oo@" o accon! >(en $elevan!. : #ntries in -oo8s of account,

regularly 8ept in the course of -usiness, are rele$ant hene$er they refer to a matterinto hich the !ourt has to enuire, -ut such statements shall not alone -e sufficient

e$idence to charge any person ith lia-ility.

I//USTRATION

+ sues > for /s. 1,***, and shos entries in his account -oo8s shoing > to -e inde-tedto him to this amount. he entries are rele$ant, -ut are not sufficient, ithout othere$idence, to pro$e the de-t.

49. Relevancy o en!$y %n 5l%c $eco$ &ae %n 5e$o$&ance o !y. : +n entryin any pu-lic or other official -oo8, register or record, stating a fact in issue or rele$antfact, and made -y a pu-lic ser$ant in the discharge of his official duty, on -y any otherperson in performance of a duty specially enoined -y the la of the country in hichsuch -oo8, register or record is itself a rele$ant fact.

:=. Relevancy o "!a!e&en! %n &a5", c(a$!" an 5lan!". : Statement of facts in

issue or rele$ant facts made in pu-lished maps or charts generally offered for pu-licsale, or in maps or plans made under the authority of the 0ederal @o$ernment or any)ro$incial @o$ernment, as to matters usually represented or stated in such maps, chartsor plans, are themsel$es rele$ant facts.

:1. Relevancy o "!a!e&en!" a" !o ac! o 5l%c na!$e, con!a%ne %n ce$!a%nAc!" o$ no!%%ca!%on".: When the !ourt has to form an opinion as to the existence ofany fact of a pu-lic nature, any statement of it, made in a recital contained in any +ct of

the !entral Cegislature or of any other legislati$e authority in )a8istan or in a@o$ernment notification appearing in the official @aAette is a rele$ant fact.

:. Relevancy o "!a!e&en!" a" !o any la> con!a%ne %n la> oo@". : When die!ourt has to form an opinion as to a la of any country, any statement of such lacontained in a -oo8 purporting to -e printed or pu-lished under the authority of the@o$ernment of such country and to contain any such la, and any report of a ruling ofthe !ourts of such country contained in a -oo8 purporting to -e a report of such rulings,is rele$ant.

HO' 2U#H OF A STATE2ENT IS TO BE PRO0ED

:6. '(a! ev%ence !o e %ven >(en "!a!e&en! o$&" 5a$! o a conve$"a!%on,oc&en!, oo@ o$ "e$%e" o le!!e$" o$ 5a5e$". : When any statement of hich

e$idence is gi$en forms part of a longer statement, or of a con$ersation or part of anisolated document, or is contained in a document hich forms part of a -oo8, or of a

connected series of letter papers, e$idence shall -e gi$en of so much and no more of thestatement con$ersation, document -oo8 or series of letters or papers as the !ourtconsiders necessary in that particular case to the full understanding of the nature andeffect of the statement, and of the circumstances under hich it as made.

7UDC2ENTS OF #OURTS OF 7USTI#E 'HEN RE/E0ANT

:4. P$ev%o" &en!" $elevan! !o a$ a "econ "%! o$ !$%al. : he existence ofany udgment, order or decree hich -y la pre$ents any !ourt from ta8ing cogniAance



of a suit or holding a trial, is a rele$ant fact hen the uestion is hether such !ourtought to ta8e cogniAance of such suit or to hold such trial.

::. Relevancy o ce$!a%n &en!" %n 5$oa!e e!c., $%"%c!%on. : + final udgment, order or decree of a competent !ourt in the exercise of pro-ate matrimonial,admira-ly or insol$ency urisdiction, hich confers upon or ta8es aay from any person

any legal character, or hich declares any person to -e entitled to any such character, orto -e entitled to any specific thing, not as against any specified person -ut a-solutely, is

rele$ant hen the existence of any such legal character, or the title of any such personto any such thing, is rele$ant.

Such udgment, order or decree is conclusi$e proof:that any legal character hich it confers occurred at the time hen such udgment, orderor decree came into operation 9that any legal character, to hich it declares any such person to -e entitled, accrued tothat person at the time hen such udgment, order or decree declares it to ha$e accruedto that person.that any legal character hich it ta8es aay from any such person ceased at the timefrom hich such udgment, order or decree declared that it had ceased or should cease 9

and that anything to hich it declares any person to -e so entitled as the property ofthat person at the time from hich such udgment, order or decree declares that it had

-een or should -e his property.

:;. Relevancy an eec! o &en!", c%e$" o$ ec$ee", o!(e$ !(an !(o"e&en!%one %n A$!%cle ::. :Judgments, orders or decrees other than those mentioned in+rticle are rele$ant if they relate to matters of a pu-lic nature rele$ant to the enuiry,-ut such udgments, orders or decrees are not conclusi$e proof of that hich they state.

I//USTRATIONS+ sues > for trespass on his land7 > alleges the existence of a pu-lic right of ay o$erthe land, hich + denies.he existence of a decree in fa$our of the defendant, in suit -y + against ! for a trespass

on the same land, in hich ! alleged the existence of the same right of ay, is rele$ant,-ut it is not conclusi$e proof that the right of ay exists.

:<. 7&en!", e!c., o!(e$ !(an !(o"e &en!%one %n A$!%cle" :4 !o :;, >(en$elevan!. : Judgments, orders or decrees, other than those mentioned in +rticles 4, and " are irrele$ant, unless the existence of such udgment, order or decree is a fact inissue or is rele$ant under some other pro$ision of this &rder.

I//USTRATIONS;a< + and > separately sue ! for a li-el hich reflects upon each of them, ! in each casesays that the matter alleged to -e li-ellous is true, and the circumstances are such thatit is pro-a-ly true in each case, or in neither.

+ o-tains a decree against ! for damages on the ground that ! failed to ma8e out his ustification. he fact is irrele$ant as -eteen > and !.

;-< + prosecutes > for adultery ith !. +6s ife.> denies that ! is +6s ife -ut the !ourt con$icts > of adultery.

+fterards, ! is prosecuted for -igamy in marrying > during +6s lifetime. ! says that shene$er as +6s ife.he udgment against > is irrele$ant as against !.;c< + prosecutes > for stealing a co from him, > is con$icted, + afterards sues ! forthe co, hich > had sold to him -efore his con$iction. +s -eteen + and !, the

udgment against > is irrele$ant.

;d< + has o-tained a decree for the possession of land against >, !, >6s son, murders +in conseuence.

he existence of the udgment is rele$ant, as shoing moti$e for a crime.;e< + is charged ith theft and ith ha$ing -een pre$iously con$icted of theft. he

pre$ious con$iction is rele$ant as a fact in issue.



;f< + is tried for the murder of >. hat fact that > prosecuted + for li-el and that + ascon$icted and sentenced is rele$ant and under +rticle 21 as shoing the moti$e for thefact in issue.

:8. F$a o$ coll"%on %n o!a%n%n &en!, o$ %nco&5e!ency o #o$! &ay e5$ove.: +ny party to a suit or other proceeding may sho that any udgment, order or

decree hich is rele$ant under +rticle 4, or ", and hich has -een pro$ed -y thead$erse party, as deli$ered -y a !ourt not competent to deli$er it, or as o-tained -yfraud or collusion.

OPINION OF THIRD PERSONS 'HEN RE/E0ANT:9. O5%n%on o e35e$!". : When the !ourt has to form an opinion upon of point a

foreign la, or of science, or art, or as to identity of hand riting or finger impression,the opinions upon that point of persons specially s8illed in such foreign la, science or

art, or in uestion as to identity of handriting or finger impressions are rele$ant facts.Such persons are called experts.

I//USTRATIONS;a< he uestion is, hether the death of + as caused -y poison.he opinion of experts as to the symptoms produced -y the poison -y hich + Esupposed to ha$e died, are rele$ant.;-< he uestion is, hether +, at the time of doing a certain act, as -y reason ofunsoundness of mind, incapa-le of 8noing the nature of the act, or that he as doing

hat as either rong or contrary to la.he opinions of experts upon the uestion hether the symptoms exhi-ited -y +

commonly sho unsoundness of mind and hether such unsoundness of mind usuallyrenders persons incapa-le of 8noing the nature of the acts hich they do, or of8noing that hat they do is either rong or contrary to la, are rele$ant.;c< he uestion is, hether a certain document as ritten -y +. +nother document isproduced hich is pro$ed or admitted to ha$e -een ritten -y +.

he opinions of experts on the uestion hether the to documents ere ritten -y thesame person or -y different persons, are rele$ant.

;=. Fac!" ea$%n 5on o5%n%on" o e35e$!". : 0acts, not otherise rele$ant, are

rele$ant if they support or are inconsistent ith the opinions of experts, hen suchopinions are rele$ant.

I//USTRATIONS;a< he uestion is, hether + as poisoned -y a certain poison.

he fact that other persons, ho ere poisoned -y that poison, exhi-ited certainsymptoms hich experts affirm or deny to -e the symptoms of that poison, is rele$ant.;- he uestion is hether an o-struction a har-our is caused -y a certain sea:all.

he fact that other har-ours similarly situated in other respects, -ut here there ereno such sea:alls, -egan to -e o-structed at a-out the same time, is rele$ant.

;1. O5%n%on a" !o (an>$%!%n >(en $elevan!. : When the !ourt has to form an

opinion as to the person -y hom any document as ritten or signed, the opinion ofany person acuainted ith the handriting of the person -y hom it is supposed to -e

ritten or signed that it as or as not ritten or signed -y that person, is a rele$antfact.

E35lana!%on.: + person is said to -e acuainted ith the handriting of another personhen he has seen that person rite, or hen he has recei$ed documents purporting to-e ritten -y that person in anser to documents ritten -y himself or under hisauthority and addressed to that person, or hen, in the ordinary course of -usiness,documents purporting to -e ritten -y that person ha$e -een ha-itually su-mitted to

him.





the fact that the person accused is of a good character is rele$ant.

;8. P$ev%o" a c(a$ac!e$ no! $elevan!, e3ce5! %n $e5ly. : In criminal proceedings

the fact that the accused person has a -ad character is irrele$ant, unless e$idence has

-een gi$en that he has a good character, in hich case it -ecomes rele$ant.

E35lana!%on 1. : his article does not apply to cases in hich the -ad character of anyperson is itself a fact in issue.

E35lana!%on . : + pre$ious con$iction is rele$ant as e$idence of -ad character.

;9. #(a$ac!e$ a" aec!%n a&ae". : In ci$il cases the fact that the character of any

person is such as to affect the amount of damages hich he ought to recei$e is rele$ant.

E35lana!%on. : In +rticles "", "%, "' and "(, the ord 6character6 includes -oth

reputation and disposition7 :-ut except as pro$ided in +rticle "', e$idence may -e gi$en

only of general reputation and general disposition, and not of particular acts -y hich

reputation or disposition ere shon.

#HAPTER I0 O O$al Ev%ence %*. )roof of facts -y oral e$idence%1. &ral e$idence must -e direct#HAPTER 0 O Doc&en!a$y Ev%ence

%2. )roof of contents of documents%3. )rimary e$idence

%4. Secondary e$idence%. )roof of documents -y primary e$idence%". !ases in hich secondary e$idence relating to documents may -e gi$en%%. /ules as to notice to produce

%'. )roof of signature and handriting of person alleged to ha$e signed or rittendocument produced%(. )roof of execution of document reuired -y la to -e attested'*. )roof here no attesting itness found

'1. +dmission of execution -y party attested document'2. )roof hen attesting itness denies the execution

'3. )roof of document not reuired -y la to -e attested'4. !omparison of signature riting of seal ith others admitted or pro$ed

Pl%c Doc&en!" '. )u-lic documents'". )ri$ate documents'%. !ertified copies of pu-lic documents

''. )roof of documents -y production of certified copies'(. )roof of other pu-lic documents

P$e"&5!%on" a" !o Doc&en!" (*. )resumption as to genuineness of certified copies

(1. )resumption as to documents produced as record of e$idence(2. )resumption as to genuineness of documents 8ept under any la

(3. )resumption as to maps or plans made -y authority of @o$ernment(4. )resumption as to collections of las and reports of decisions(. )resumption as to poer:of:attorney(". )resumption as to certified copies of foreign udicial records(%. )resumption as to -oo8s, maps and charts('. )resumption as to telegraphic messages((. )resumption as to due execution, etc., of document not produced1**. )resumption as to documents thirty years old

1*1. !ertified copies of documents thirty years old



#HAPTER I0OF ORA/ E0IDEN#E

<=. P$oo o ac!" y o$al ev%ence. : +ll facts except the contents of documents, may-e pro$ed -y oral e$idence.

<1. O$al ev%ence &"! e %$ec!.: &ral e$idence must, in all cases hate$er, -e

direct7 that is to say7If it refers to a fact hich could -e seen, it must -e the e$idence of itness ho says he

sa it 7If it refers to a fact hich could -e heard it must -e the e$idence of a itness ho says

he heard it7If it refers to a fact hich could -e percei$ed -y any other sense or in any other manner,it must -e the e$idence of a itness ho says he percei$ed it -y that sense or in thatmanner7If it refers to an opinion or to the grounds on hich that opinion is held, it must -e thee$idence of the person ho holds that opinion on those grounds9)ro$ided that, the opinions of experts expressed in any treatise commonly offered forsale, and the grounds on hich such opinions are held, may -e pro$ed -y the production

of such treatises if the author is dead or cannot -e found, or has -ecome incapa-le ofgi$ing e$idence, or cannot -e called as a itness ithout an amount of delay or expense

hich the !ourt regards as unreasona-le9)ro$ided further that, if oral e$idence refers to the existence or condition of any material

thing other than a document , the !ourt may, if it thin8s fit, reuire the production ofsuch material thing for its inspection 9)ro$ided further that, if a itness is dead or cannot -e found or has -ecome incapa-le of gi$ing e$idence, or his attendance cannot -e, procured ithout an amount of delay orexpense hich under the circumstances of the case the !ourt regards as unreasona-le, aparty shall ha$e the right to produce shahada ala al:shahada ; < -y hich a itness can

appoint to itnesses to depose on his -ehalf, except in the case of udood.

#HAPTER 0OF DO#U2ENTAR E0IDEN#E

<. P$oo o con!en!" o oc&en!". : he contents of documents may -e pro$ed

either -y primary or -y secondary e$idence.

<6. P$%&a$y ev%ence. : )rimary e$idence means the document itself produced for theinspection of the !ourt.#xplana!%on 1. : Where a document is executed in se$eral parts, each part is primarye$idence of the document.Where a document is executed in counterpart, each counterpart -eing executed -y oneor some of the parties only, each counterpart is primary e$idence as against the partiesexecuting it.

E35lana!%on . : Where a num-er of documents are all made -y one uniform process,

as in the case of printing, lithography or photography, each is primary e$idence of thecontents of the rest7 -ut here they are all copies of a common original, they are notprimary e$idence of the contents of the original.

I//USTRATIONS+ person is shon to ha$e -een in possession of a num-er of placards, all printed at onetime from one original. +ny one of the placards is primary e$idence of the contents ofany other, -ut no one of them is primary e$idence of the contents of the original.

<4. Secona$y ev%ence. : Secondary e$idence means and includes9 :

;1< certified copies under the pro$isions hereinafter contained7;2< copies made from the original -y mechanical processes hich in themsel$es insure

the accuracy of the copy and copies compared ith such copies7;3< copies made from or compared ith the original7



;4< counterparts of :documents as against the parties ho did not execute them7;< oral accounts of the contents of a document gi$en -y some person ho has himselfseen it.

I//USTRATIONS;a< + photograph of an original is secondary e$idence of its contents, though the to

ha$e not -een compared, if it is pro$ed that the thing photographed as the original.;-< + copy, compared ith a copy of a letter made -y a copying machine is secondarye$idence of the contents of the letter, if it is shon that the copy made -y the copying

machine as made from the original.;c< + copy transcri-ed from a copy, -ut afterards compared ith the original is

secondary e$idence7 -ut the copy not so compared is not secondary e$idence of theoriginal, although the copy from hich it as transcri-ed as compared ith the

original.;d< ?either an oral account of a copy compared ith the original nor an oral account of aphotograph or machine:copy of the original, is secondary e$idence of the original.

<:. P$oo o oc&en!" y 5$%&a$y ev%ence. : Documents must -e pro$ed -yprimary e$idence except in the cases hereinafter mentioned.

<;. #a"e" %n >(%c( "econa$y ev%ence $ela!%n !o oc&en! &ay e %ven. :Secondary e$idence may -e gi$en of the existence, condition to contents of a document

in the folloing cases 9;a< hen the original is shon or appears to -e in the possession or poer of the person

against hom the document is sought to -e pro$ed, or of any person out of reach of, ornot su-ect to, the process of the !ourt7 or of any person legally -ound to produce it9and hen, after the notice mentioned in +rticle %%, such person does not produce it7;-< hen the existence, condition or contents of the original ha$e -een pro$ed to -eadmitted in riting -y the person against hom it is pro$ed or -y his representati$e ininterest7;c< hen the original has -een destroyed or lost, or hen the party offering e$idence of

its contents cannot, for any other reason not arising from his on default or neglect,produce it in reasona-le time7;d< hen due to the $olume or -ul8 of the original, copies thereof ha$e -een made -y

means of microfilming or other modem de$ice.;e< hen the original is of such a nature as not to -e easily mo$a-le7;* hen the original is a pu-lic document ithin the meaning of +rticle '7;g< hen the original is a document of hich a certified copy is permitted -y this &rder,or -y any other la in force in )a8istan, to -e gi$en in e$idence7;h< hen the originals consist of numerous accounts or other documents hich cannotcon$eniently -e examined in !ourt, and the fact to -e pro$ed is the general result of thehole collection 7 and

;i< hen an original document forming part of a udicial record is not a$aila-le and only a

certified copy thereof is a$aila-le, certified copy of that certified copy shall also -eadmissi-le as a secondary e$idence.In cases ;a<, ;c<, ;d< and ;e<, any secondary e$idence of the contents of the documentsis admissi-le.In case ;-< the ritten admission is admissi-le.In case ;f< or ;g<, certified copy of the documents, -ut no other 8ind of secondarye$idence, is admissi-le.In case ;h<, e$idence may -e gi$en as to the general result of the documents -y anyperson ho has examined them, and ho is s8illed in the examination of such

documents.

<<. Rle" a" !o no!%ce !o 5$oce. : Secondary e$idence of the contents of the

documents referred to in +rticle %", paragraph ;a<, shall not -e gi$en unless the partyproposing to gi$e such secondary e$idence has pre$iously gi$en to the party in hose



possession or poer the document is, or to his ad$ocate such notice to produce it as isprescri-ed -y la7 and if no notice is prescri-ed -y la, then such notice as the !ourtconsiders reasona-le under the circumstances of the case9)ro$ided that, such notice shall not -e reuired in order to render secondary e$idenceadmissi-le in any of the folloing cases, or in any other case in hich the !ourt thin8s fitto dispense ith it9 :

;1< hen the documents to -e pro$ed is itself a notice 7;2< hen, from the nature of the case the ad$erse party must 8no that he ill -e

reuired to produce it7;3< hen it appears or is pro$ed that the ad$erse party has o-tained possession of the

original -y fraud or force 7;4< hen the ad$erse party or his agent has the original in !ourt 7;< hen the ad$erse party or his agent has the loss of the document 7 and;"< hen the person in possession of the document is out of reach of, or not su-ect to,the process of the !ourt.

<8. P$oo "%na!$e an (an>$%!%n o 5e$"on allee !o (ave "%ne o$ >$%!!enoc&en! 5$oce. : If a document is alleged to -e signed or to ha$e -een ritten

holly or in part -y any person, the signature or the handriting of so much of thedocument as is alleged to -e in that person6s handriting must -e pro$ed to -e in hishandriting.

<9. P$oo o e3ec!%on o oc&en! $e?%$e y la> !o e a!!e"!e.: if a

document is reuired -y la to -e attested, it shall not -e used as e$idence until toattesting itnesses 6Kat least ha$e -een called for the purpose of pro$ing its execution,if there -e to attesting itnesses ali$e, and su-ect to the process of the !ourt andcapa-le of gi$ing e$idence9)ro$ided that, it shall not -e necessary to call an attesting itness in proof of theexecution of any document, not -eing a ill, hich has -een, registered in accordanceith the pro$ision of the /egistration +ct, 1(*', ;FI of 1(*'< unless its execution -ythe person -y hom it purports to ha$e -een executed is specifically denied.

8=. P$oo >(e$e no a!!e"!%n >%!ne"" on. : If no such attesting itness can -efound, it must -e pro$ed that the itnesses ha$e either died, or cannot -e found and

that the document as executed -y the person ho purports to ha$e done so.

81. A&%""%on o e3ec!%on y 5a$!y !o a!!e"!e oc&en!. : he admission of aparty to an attested document of its execution -y himself shall -e sufficient proof of itsexecution as against him, though it -e a document reuired -y la to -e attested.

8. P$oo >(en a!!e"!%n >%!ne"" en%e" !(e e3ec!%on. : If the attesting itnessdenies or does not recollect the execution of the document, its execution may -e pro$ed-y other e$idence.

86. P$oo o oc&en! no! $e?%$e y la> !o e a!!e"!e. : +n attested documentnot reuired -y la to -e attested may -e pro$ed as if it as unattested.

84. #o&5a$%"on o "%na!$e, >$%!%n o$ "eal >%!( o!(e$" a&%!!e o$ 5$ove. :

;1< In order to ascertain hether a signature, riting or seal is that of the person -yhom it purports to ha$e -een riting or made any signature, riting or seal admittedor pro$ed to the satisfaction of the !ourt to ha$e -een ritten or made -y that personmay -e compared ith the one hich is to -e pro$ed, although that signature, ritten orseal has not -een produced or pro$ed for any other purpose.

;2< he !ourt may direct any person present in !ourt to rite any ords or figures forthe purpose of ena-ling the !ourt to compare the ords or figures so ritten ith any

ords or figures alleged to ha$e -een ritten -y such person.



;3< his +rticle applies also, ith any necessary modifications, to finger:impressions.

PUB/I# DO#U2ENTS

8:. Pl%c oc&en!". : he folloing documents are pu-lic documents9 :;1< documents forming the acts or records of the act9

;i< of the so$ereign authority7;ii< of official -odies and tri-unals 7 and;iii< of pu-lic officers, legislati$e, udicial and executi$e, of any part of )a8istan, or of aforeign country7

;2< pu-lic records 8ept in )a8istan of pri$ate documents7;3< documents forming part of the records of udicial proceedings 7

;4< documents reuired to -e maintained -y a pu-lic ser$ant under any la7 and;< registered document the execution hereof is not disputed.

8;. P$%va!e oc&en!". : +ll other documents are pri$ate.

8<. #e$!%%e co5%e" o 5l%c oc&en!". :#$ery pu-lic officer ha$ing the custody ofa pu-lic document, hich any person has a right to inspect, shall gi$e that person ondemand a copy of it on payment of the legal fees therefor, together ith a certificateritten at the foot of such copy that it is a true copy of such document or part thereof,as the case may -e, and such certificate shall -e dated and su-scri-ed -y such officerith his name and his official title, and shall -e sealed, hene$er such officer is

authoriAed -y la to ma8e use of a seal, and such copies so certified shall -e calledcertified copies.

E35lana!%on. :+ny officer, ho -y the ordinary course of official duty is authoriAed todeli$er such copies, shall -e deemed to ha$e the custody of such documents ithin themeaning of this +rticle.

88. P$oo o oc&en!" y 5$oc!%on o ce$!%%e co5%e". : Such certified copiesmay -e produced in proof of the contents of the pu-lic documents or parts of the pu-lic

documents of hich they purport to -e copies.

89. P$oo o o!(e$ 5l%c oc&en!". : he folloing pu-lic documents may -e

pro$ed as follos 9:;1< +cts, orders or notifications of the 0ederal @o$ernment in any of its departments, or

of any )ro$incial @o$ernment or any department of any )ro$incial @o$ernment -y therecords of the departments, certified -y the heads of those departments respecti$ely, or

-y any document purporting to -e printed -y order of any such @o$ernment7

;2< the proceeding of the legislatures, -y the ournals of those -odies respecti$ely, or -ypu-lished +cts or a-stracts, or -y copies purporting to -e printed -y order of the@o$ernment concerned 7

;3< the +cts of the #xecuti$e or the proceedings of the Cegislature of a foreign country,-y ournals pu-lished -y their authority, or commonly recei$ed in that country as such or-y a copy certified under the seal of a country or so$ereign, or -y a recognition thereofin some 0ederal +ct 7

;4< the proceedings of a municipal -ody in )a8istan, -y a copy of such proceedings,certified -y the legal 8eeper thereof, or -y a printed -oo8 purporting to -e pu-lished -y

the authority of such -ody 7

;< pu-lic documents of any other class in a foreign country, -y the original, or -y a copycertified -y the legal 8eeper thereof ith a certificate under the seal of a notary pu-lic,or of a )a8istan !onsul or diplomatic agent, that the copy is duly certified -y the officer

ha$ing the legal custody of the original, and upon proof of the character of the documentaccording to the la of the foreign country.



PRESU2PTIONS AS TO DO#U2ENTS9=. P$e"&5!%on a" !o en%nene"" o ce$!%%e co5%e". :;1< he !ourt shall

presume e$ery document purporting to -e a certificate, certified copy or other

document, hich is -y la declared to -e admissi-le as e$idence of any particular fact

and hich purports to -e duly certified -y any officer of the 0ederal @o$ernment or a

)ro$incial @o$ernment to -e genuine9)ro$ided that, such document is su-stantially in the form and purports to -e executed in

the manner directed -y la in that -ehalf.

;2< he !ourt shall also presume that any officer -y hom any such document purports

to -e signed or certified, held, hen he signed it, the official character hich he claims in

such document.

91. P$e"&5!%on a" !o oc&en!" 5$oce a" $eco$ o ev%ence. : Whene$er

any document is produced -efore any !ourt, purporting to -e a record or memorandum

of the e$idence, or of any part of the #$idence gi$en -y a itness in a udicial proceeding

or -efore any officer authorised -y la to ta8e such e$idence or to -e a statement orconfession -y any prisoner or accused person, ta8en in accordance ith la, and

purporting to -e signed -y any Judge or Magistrate or -y any such officer as aforesaid,

the !ourt shall presume9 :

that the document is genuine 7 that any statement as to the circumstances under hich

it as ta8en, purporting to -e made -y the person signing it, or true, and that such

e$idence, statement or confession as duly ta8en.

9. P$e"&5!%on a" !o en%nene"" o oc&en!" @e5! ne$ any la>. : he

!ourt shall presume the genuineness of e$ery document purporting to -e a document

directed -y any la to -e 8ept -y any person, if such document is 8ept su-stantially in

the form reuired -y la and is produced from proper custody.

96. P$e"&5!%on" a" !o &a5" o$ 5lan" &ae y a!(o$%!y o Cove$n&en!. :he

!ourt shall presume that maps or plans purporting to -e made -y the authority of the

0ederal @o$ernment or any )ro$incial @o$ernment ere so made, and are accurate, -ut

maps or plans made for the purposes of any cause must -e pro$ed to -e accurate.

94. P$e"&5!%on" a" !o collec!%on" o la>" an $e5o$!" o ec%"%on. : he !ourt

shall presume the genuineness of e$ery -oo8 purporting to -e printed or pu-lished under

the authority of the @o$ernment of any country, and to contain any of the las of that

country, and of e$ery -oo8 purporting to contain reports of decisions of the !ourts of

such country.

9:. P$e"&5!%on a" !o 5o>e$"-o-a!!o$ney. :he !ourt shall presume that e$ery

document purporting to -e a poer:of:attorney, and to ha$e -een executed -efore, and

authenticated -y, a notary pu-lic, or any !ourt, Judge, Magistrate, )a8istan !onsul or

ice:!onsul, or representati$e of the 0ederal @o$ernment, as so executed and

authenticated.

9;. P$e"&5!%on a" !o ce$!%%e co5%e"-o o$e%n %c%al $eco$". :;1< he !ourt

may presume that any document purporting to -e a certified copy of any Judicial record

of any country not forming part of )a8istan is genuine and accurate, if the document

purports to -e certified in any manner hich is certified -y any representati$e of the

0ederal @o$ernment in or for such country to -e the manner commonly in use in that



country for the certification of copies if udicial records.

;2< +n officer ho, ith respect to any territory or place not forming part of )a8istan, is

a )olitical +gent therefore, as defined in section 3, clause ;4*<, of the @eneral !lauses

+ct, 1'(% ;F of 1'(%<, shall for the purposes of clause ;1<, -e deemed to -e a

representati$e of the 0ederal @o$ernment in or for the country comprising that territoryor place.

9<. P$e"&5!%on a" !o oo@", &a5" an c(a$!". : he !ourt may presume that any

-oo8 to hich it may refer for information on matters of pu-lic or general interest, and

that any pu-lished map or chart, the statements of hich are rele$ant facts and hich is

produced for its inspection, as ritten and pu-lished -y the person, and at the time

and place, -y hom or at hich it purports to ha$e -een ritten or pu-lished.

98. P$e"&5!%on a" !o !ele$a5(%c &e""ae". : he !ourt may presume that a

message, forarded from a telegraph office to the person to hom such message

purports to -e addressed, corresponds ith a message deli$ered for transmission at theoffice from hich the message purports to -e sent7 -ut the !ourt shall not ma8e any

presumption as to the person -y hom such message as deli$ered for transmission.

99. P$e"&5!%on a" !o e e3ec!%on, e!c, o oc&en! no! 5$oce. : he !ourt

shall presume that e$ery document, called for and not produced after notice to produce,

as attested, stamped and executed in the manner reuired -y la.

1==. P$e"&5!%on a" !o oc&en!" !(%$!y yea$" ol. :Where any document,

purporting or pro$ed to -e thirty years old, is produced from any custody hich the

!ourt in the particular case considers proper, the !ourt may presume that the signature

and e$ery other part of such document, hich purports to -e in the handriting of any

particular person, is in that person6s handriting, and, in the case of a document

executed or attested, that it as duly executed and attested -y the persons -y hom it

purports to -e executed and attested.

E35lana!%on. :0or the purposes of this +rticle and +rticle (2, documents are ;said<6 to

-e in proper custody if they are in the place in hich, and under the care of the person

ith hom, they ould naturally -e 7 -ut no custody is improper if it is pro$ed to ha$e

had a legitimate origin, or if the circumstances of the particular case are such as to

render such an origin pro-a-le.

I//USTRATIONS

;a< + has -een in possession of landed property for a long time. e produces from his

custody deeds relating to the land, shoing his titles to it. he custody is proper.

;-< + produces deeds relating to landed property of hich he is the mortgagee. he

mortgagor is in possession. he custody is proper.

;c< +, a connection of >, produces deeds relating to lands in >6s possession hich ere

deposited ith him -y > for safe custody. he custody is proper.

1=1. #e$!%%e co5%e" o oc&en!" !(%$!y yea$" ol. : he pro$isions of +rticle 1**

shall apply to such copy of a document referred to in that +rticle as is certified in the

manner pro$ided in +rticle '% and is not less than thirty years old7 and such certified

copy may -e produced in proof of the contents of the document or part of the documentof hich it purports to -e a copy.



#HAPTER 0I O !(e E3cl"%on o O$al y Doc&en!a$y Ev%ence 1*2. #$idence of terms of contracts, grants and other disposition of property reduced toform of document

1*3. #xclusion of e$idence of oral agreement

1*4. #xclusion of e$idence against application of document to existing facts1*. #$idence as to document unmeaning in reference to existing facts1*". #$idence as to application of language hich can apply to one only of se$eralpersons1*%. #$idence as to application of language to one of to sets of facts, to neither ofhich the hole correctly applies1*'. #$idence as to meaning of illegi-le characters, etc.,1*(. Who may gi$e e$idence of agreement $arying terms of document11*. Sa$ing of pro$ision of Succession +ct relating to ills

PART IIOn P$oo

#HAPTER 0II Fac!" >(%c( nee no! e 5$ove 111. 0acts udicially noticea-le need not -e pro$ed

112. 0acts of hich !ourt must ta8e udicial notice113. 0acts admitted need not -e pro$ed

#HAPTER 0III E"!o55el 114. #stoppel11. #stoppel of tenant9and of licensee of person in possession

11". #stoppel of acceptor of -ill of exchange, -ailee or licensee


#HAPTER 0I

OF THE EX#/USION OF ORA/ B DO#U2ENTAR E0IDEN#E1=. Ev%ence o !e$&" o con!$ac!" $an!" an o!(e$ %"5o"%!%on o 5$o5e$!y$ece !o o$& o oc&en!. : When the terms of a contract, or of grant, or of anyother disposition of property, ha$e -een reduced to the form of a document, and in allcases in hich any matter is reuired -y la to -e reduced to the form of a document,no e$idence shall -e gi$en in proof of the terms of such contract, grant or otherdisposition of property, or of such matter, except the document itself, or secondarye$idence of its contents in cases in hich secondary e$idence is admissi-le under thepro$isions herein-efore contained.

E3ce5!%on 1. :When a pu-lic officer is reuired -y la to -e appointed in riting, andhen it is shon that any particular person has acted as such officer, the riting -y

hich he is appointed need not -e pro$ed.E3ce5!%on . :Wills admitted to pro-ate in )a8istan may -e pro$ed -y the pro-ate.

E35lana!%on 1. :his +rticle applies eually to cases in hich the contracts, grants ordispositions of property referred to are contained in one document and to cases in hichthey are contained in more documents than one.E35lana!%on . :Where there are more originals than one, one original only need -epro$ed.E35lana!%on 6. :he statement, in any document hate$er, of a fact other than the

facts referred lo in this +rticle, shall not preclude the admission of oral e$idence as to thesame fact.

I//USTRATIONS;a< If a contract -e contained in se$eral letters, all the letters in hich it is contained

must -e pro$ed.;-< If a contract is contained in a -ill of exchange, the -ill of exchange must -e pro$ed.



;c< If a -ill of exchange is dran in a set of three, one only need -e pro$ed.;d< + contract, in riting ith >, for the deli$ery of indigo upon certain terms. hecontract mentions the fact that > had paid + the price of other indigo contracted for$er-ally on another occasion.&ral e$idence is offered that no payment as made for the other indigo. he e$idence isadmissi-le.

;e< + gi$es > a receipt for money paid -y -. &ral e$idence is offered of the payment. hee$idence is admissi-le.

1=6. E3cl"%on o ev%ence o o$al a$ee&en!. :When the terms of any such

contract, grant or other disposition of property, or any matter reuired -y .la to -ereduced to the form of a document, ha$e -een pro$ed according to the last +rticle, noe$idence of:any oral agreement or statement shall -e admitted, as -eteen the partiesto any instrument or their representati$es:in:interest, for the purpose of contradicting,$arying, adding to, or su-tracting from, its forms9

)ro$iso ;1<. :+ny fact may -e pro$ed hich ould in$alidate any document, or hichould entitle any person to any decree or order relating thereto7 such as fraud,

intimidation, illegality, ant of due execution, ant of capacity in any contracting party,ant or failure of consideration, or mista8e in fact or la.

)ro$iso ;2<. :he existence of any separate oral agreement as to any matter on hich a

document is silent, and hich is not inconsistent ith its terms may -e pro$ed. Inconsidering hether or not this pro$iso applies, the !ourt shall ha$e regard to the

degree of formality of the document.

)ro$iso ;3<. :he existence of any separate oral agreement, constituting a conditionprecedent to the attaching of any o-ligation under any such contract, grant or dispositionof property, may -e pro$ed.

)ro$iso ;4<. :he existence of any distinct su-seuent oral agreement to rescind or

modify any such contract, grant, or disposition of property, may -e pro$ed, except casesin hich such contract, grant or disposition of property is -y la reuired to -e inriting, or has -een registered according to the la in force for the time -eing as to the

registration of documents.

)ro$iso ;<. :+ny usage or custom -y hich incidents not expressly mentioned in any

contracts are usually annexed to contract of that description, may -e pro$ed 9)ro$ided that the annexing of such incident ould not -e repugnant to, or inconsistent

ith, the express terms of the contract.

)ro$iso ;"<. :+ny fact may -e pro$ed hich shos in hat manner the language of adocument is related to existing facts.

I//USTRATIONS;a< + policy of insurance is effected on goods 6in ship from Earachi to Condon6. he goodsare shipped in a particular ship hich is lost. he fact that particular ship as orallyexcepted from the policy cannot -e pro$ed.;-< + agrees a-solutely in riting to pay > /s. 1,*** on the first March, 1('4. he fact

that, at the same time, an oral agreement as made that the money should not -e paidtill the thirty:first March cannot -e pro$ed.

;c< +n estate called 6the Ehanpur estate6 is sold -y a deed hich contains a map or theproperty sold. he fact that land not included in the map had alays -een regarded aspart of the estate and as meant to pass -y the deed cannot -e pro$ed.;d< + enters into a ritten contract ith > to or8 certain mines, the property of >, uponcertain terms. + as induced to do so -y a misrepresentation "6s as to their $alue. his

fact may -e pro$ed.;e< + institutes a suit against > for the specific performance of a contract, and also praysthat the contract may -e reformed as to one of its pro$isions, as that pro$ision as



inserted in it -y mista8e. + may pro$e that such a mista8e as made as ould -y laentitle him to ha$e the contract reformed.;f< + orders goods of > -y a letter in hich nothing is said as to the time of payment,and accepts the goods on deli$ery, > sues + for the price. + may sho that the goodsere supplied on credit for a term still unexpired.;g< + sells > a horse and $er-ally arrants him sound. + gi$es > a paper in these ords

6>ought of + a horse for /s. **6, > may pro$e the $er-al arranty.;h< + hires lodging of >, and gi$es a card on hich is ritten: 6/ooms, /s. 2** a month6.

+ may pro$e a $er-al agreement that these terms ere to include partial -oard.+ hires lodgings of > for a year, and regularly stamped agreement, dran up -y an

ad$ocate, is made -eteen them. It is silent on the su-ect of -oard. + may not pro$ethat -oard as included in the terms $er-ally.;i< + applies to > for a de-t due to + -y sending a receipt for the money. > 8eeps thereceipt and does not send the money. In a suit for the amount + may pro$e this.;< + and > ma8e a contract in riting to ta8e effect upon the happening of a certaincontingency. he riting is left ith >, ho sues + upon it. + may sho thecircumstances under hich it as deli$ered.

1=4. E3cl"%on o ev%ence aa%n"! a55l%ca!%on o oc&en! !o e3%"!%n ac!".:When language used in a document is plain in itself, and hen it applied accurately to

existing facts, e$idence may not -e gi$en to sho that it as not meant to apply to suchfacts.

I//USTRATION+ sells to >, -y deed, 6my estate at /angpur containing 1** -ighas6. + has an estate at/angpur containing 1** -ighas. #$idence may not -e gi$en of the fact that the estatemeant to -e sold as one situated at a different place and of a different siAe.

1=:. Ev%ence a" !o oc&en! n&ean%n %n $ee$ence !o e3%"!%n ac!". :Whenlanguage used in a document is plain in itself, -ut is unmeaning in reference to existingfacts e$idence may -e gi$en to sho that it as used in a peculiar sense.

I//USTRATIONS+ sells to >, -y deed, 6my house in Earachi6.

+ had no house in Earachi, -ut it appears that he had a house at Eeamari, of hich >had -een in possession since the execution of the deed.hese facts may -e pro$ed to sho that the deed related to the house at Eeamari.

1=;. Ev%ence a" !o a55l%ca!%on o lanae >(%c( can a55ly !o one only o"eve$al 5e$"on".:When the facts are such that the language used might ha$e -eenmeant to apply to any one, and could not ha$e -een meant to apply to more than one,of se$eral persons or things. #$idence may -e gi$en of facts hich sho hich of those

persons or things it as intended to apply to.

I//USTRATIONS

;a< + agrees to sell to >, for /s. 1,***, 6my hite horse6. + has to hite horses.#$idence may -e gi$en of facts hich sho hich of them as meant.

;-< + agrees to accompany > to ydera-ad. #$idence may -e gi$en of facts shoinghether ydera-ad in De88han or ydera-ad in Sind as meant.

1=<. Ev%ence a" !o a55l%ca!%on o lanae !o one o !>o "e!" o ac!" !one%!(e$ o >(%c( !(e >(ole co$$ec!ly a55l%e".:When the language used applies partlyto one set of existing facts, and partly to another set of existing facts, -ut the hole of it

does not apply correctly to either, e$idence may -e gi$en to sho to hich of the to itas meant to apply.

I//USTRATIONS+ agrees to sell to > 6my land at F in the occupation of 6. + has land at F, -ut not in the



occupation of G, and he has land in the occupation of G, -ut it is not at F. #$idence may-e gi$en of facts shoing hich he meant to sell.

1=8. Ev%ence a" !o &ean%n o %lle%le c(a$ac!e$" e!c.: #$idence may -e gi$en tosho the meaning of illegi-le or not commonly intelligi-le characters, of foreign,a-solute, technical, local and pro$incial expressions, of a--re$iations and of ords used

in a peculiar sense.

I//USTRATION

+, a sculptor, agrees to sell to >, 6+ll my mods.6+ has -oth models and modelling tools. #$idence may -e gi$en to sho hich he meant

to sell.

1=9. '(o &ay %ve ev%ence o a$ee&en! va$y%n !e$&" o oc&en!.: )ersons

ho are not parties to a document, or their representati$es:in:interest, may gi$ee$idence of any facts tending to sho a contemporaneous agreement $arying the termsof the document.

+ and > ma8e a contract in riting that > shall sell + certain cotton, to -e paid for ondeli$ery. +t the same time they ma8e an oral agreement that three months6 credit shall

-e gi$en to +. his could not -e shon as -eteen + and >, -ut it might -e shon -y !,if it affected his interest.

11=. Sav%n o 5$ov%"%on" o Scce""%on Ac! $ela!%n !o >%ll". :?othing in this

!hapter contained shall -e ta8en to affect any of the pro$isions of the Succession +ct,1(2 ;FFFIF of 1(2<, as to the construction of ills.

PART IION PROOF #HAPTER 0II

FA#TS 'HI#H NEED NOT BE PRO0ED

111. Fac! %c%ally no!%ceale nee no! e 5$ove. :?o fact of hich the !ourt illta8e udicial notice need -e pro$ed.

11. Fac!" o >(%c( #o$! &"! !a@e %c%al no!%ce. :;1< he !ourt shall ta8e

udicial notice of the folloing facts::;a< +ll:)a8istan las7;-< +rticles of War for the +rmed 0orces7;c< he course of proceeding of the !entral Cegislature and any Cegislature esta-lishedunder any la for the time -eing in force in )a8istan7;d< he seals of all the !ourts in )a8istan and of all !ourts out of )a8istan esta-lished -ythe authority of the 0ederal @o$ernment or the @o$ernment representati$e, the seals of!ourt of +dmiralty and Maritime urisdiction and of ?otaries )u-lic and all seals hich

any person is authorised to use -y any +ct or /egulation ha$ing the force of la in)a8istan7

;e< he accession to office, names, titles, functions and signatures of the persons fillingfor the time -eing any pu-lic office in )a8istan, if the fact of their appointment to such

office is notified in the official @aAette7;f< he existence, title and national flag of e$ery State or So$ereign recognised -y the0ederal @o$ernment7;g< he di$isions of time, the geographical di$isions of the orld, and pu-lic festi$als,fasts and holidays notified in the official @aAette7;h< he territories under the dominion of )a8istan7

;i< he commencement, continuance and termination of hostilities -eteen )a8istan andany other State or -ody of persons7

;< he names of the mem-ers and officers of the !ourt and of their deputies andsu-ordinate officers and assistants, and also of all officers acting in execution of its



process, and of all ad$ocates and other persons authoriAed -y la to appear or act-efore it7 and;8< he rule of the road on land or at sea.;2< In all cases referred to in clause ;1< and also on all matters of pu-lic history,literature, science or art the !ourt may resort its aid to appropriate -oo8s or documentsof reference.

;3< If the !ourt is called upon -y any person to ta8e udicial notice of any, fact it mayrefuse to do so unless and until such person produces any such -oo8 or document as it

may consider necessary to ena-le it to do so.

116. Fac!" a&%!!e nee no! e 5$ove. :?o fact need -e pro$ed in any proceedinghich the parties thereto or their agents agree to admit at the hearing, or hich, -eforethe hearing, they agree to admit -y any riting under their hands, or hich -y any ruleor pleading in force at the time they are deemed to ha$e admitted -y their pleadings 9)ro$ided that, the !ourt may, in its discretion, reuire the facts admitted to -e pro$edotherise than -y such admissions.

#HAPTER 0III

ESTOPPE/

114. E"!o55el. :When one person has -y his declaration, act or omission, intentionally

caused or permitted another person to -elie$e a thing to -e true and to act upon such

-elief, neither he nor his representati$e shall -e alloed, in any suit or proceeding

-eteen himself and such person or his representati$e, to deny the truth of that thing.

I//USTRATION

+ intentionally and falsely leads > to -elie$e that certain land -elongs to +, and there-y

induces > to -uy and pay for it.

he land afterards -ecomes the property of +, and see8s to set aside the sale on the

ground that, at the time of the sale he had no title. e must not -e alloed to pro$e hisant of title.

11:. E"!o55el o !enan! an o l%cen"ee o 5e$"on %n 5o""e""%on. : ?o tenant of

immo$a-le property, or person claiming through such tenant, shall, during the

continuance of the tenancy, -e permitted to deny that the landlord of such tenant had, at

the -eginning of the tenancy, a title to such immo$a-le property7 and no person ho

came upon any immo$a-le property -y the licence of the person in possession thereof

shall -e permitted to deny that such person had a title to such possession at the time

hen such licence as gi$en.

11;. E"!o55el o acce5!o$ o %ll o e3c(ane, a%lee o$ l%cen"ee. :?o acceptor of a

-ill or exchange shall -e permitted to deny that the draer had authority to dra such

-ill or to endorse it7 nor shall any -ailee or licensee -e permitted to deny that his -ailor

or licensor had at the time hen the -ailment or licence commenced, authority to ma8e

such -ailment or grant such licence.

E35lana!%on 1. :he acceptor of a -ill of exchange may deny that -ill as really dran

-y the persons -y hom it purports to ha$e -een dran.

E35lana!%on . :If a -ailee deli$ers the goods -ailed to a person other than the -ailor,

he may pro$e that such person had a right to them as against the -ailor.



#HAPTER IX O !(e B$en o P$oo 11%. >urden of proof11'. &n hom -urden of proof lies11(. >urden of proof as to particular fact12*. >urden of pro$ing fact to -e pro$ed to ma8e e$idence admissi-le121. >urden of pro$ing that case of accused comes ithin exceptions

122. >urden of pro$ing fact especially ithin 8noledge123. >urden of pro$ing death of person 8non to ha$e -een ali$e ithin thirty years

124. >urden of pro$ing that person is ali$e ho has not -een heard of for se$en years12. >urden of proof as to relationship in the cases of partners7 landlord and tenant,

principal and agent12". >urden of proof as to onership12%. )roof of good faith in transactions here one party is in relation of acti$econfidence12'. >irth during marriage conclusi$e proof of legitimacy12(. !ourt may presume existence of certain facts


PART IIIPRODU#TION AND EFFE#T OF E0IDEN#E #HAPTER IX OF THE BURDEN OF

PROOF

11<. B$en o 5$oo. :;1< Whoe$er desires any !ourt to gi$e udgment as to any legal

right or lia-ility dependent on the existence of facts hich he asserts, must pro$e that

those facts exist.

;2< When a person is -ound to pro$e the existence of any fact, it is said that the -urden

of proof lies on that person.

I//USTRATIONS

;a< + desires a !ourt to gi$e udgment that > shall -e punished for a crime hich + says

> has committed.

+ must pro$e that > has committed the crime.

;-< + desires a !ourt to gi$e udgment that he is entitled to certain land in the

possession of > -y reason of facts hich asserts, and hich > denies to -e true.

+ must pro$e the existence of those facts.

118. On >(o& $en o 5$oo l%e". :he -urden of proof in a suit or proceeding lies

on that person ho ould fail if no e$idence at all ere gi$en on either side.

I//USTRATIONS

;a< + sues > for land of hich > is in possession, and hich, as + asserts, as left to +

-y the ill of !, >6s father.

If no e$idence ere gi$en on either side, > ould -e entitled to retain his possession.

herefore the -urden of proof is on +.

;-< + sues > for money due on a -ond.

he execution of the -ond is admitted, -ut > says that it as o-tained -y fraud, hich +

denies.

If no e$idence ere gi$en on either side, + ould succeed as the -ond is not disputed

and the fraud is not pro$ed.

herefore the -urden of proof is on >.

119. B$en o 5$oo a" !o 5a$!%cla$ ac!. :he -urden of proof as to any particularfact lies on that person ho ishes the !ourt to -elie$e in its existence, unless it is



pro$ided -y any la that the proof of that fact shall lie on any particular person.

I//USTRATIONS

;a< + prosecutes > for theft, and ishes the !ourt to -elie$e that > admitted the theft, to

!. + must pro$e the admission.

;-< > ishes the !ourt to -elie$e that, at the time in uestion, he as elsehere. emust pro$e it.

1=. B$en o 5$ov%n ac! !o e 5$ove !o &a@e ev%ence a&%""%le. : he

-urden of pro$ing any fact necessary to -e pro$ed in order to ena-le any person to gi$e

e$idence of any other fact is on the person ho ishes to gi$e such e$idence.

I//USTRATIONS

;a< + ishes to pro$e a dying declaration -y >. + must pro$e >6s death.

;-< + ishes to pro$e, -y secondary e$idence, the contents of a lost document.

+ must pro$e that the document has -een lost.

11. B$en o 5$ov%n !(a! ca"e o acc"e co&e" >%!(%n e3ce5!%on. ::When a

person is accused of any offence the -urden of pro$ing the existence of circumstances

-ringing the case ithin any of the @eneral #xceptions in the )a8istan )enal !ode ;+ct

FC of 1'"*<, or ithin any special exception or pro$iso contained in any other part of

the same !ode, or in any la defining the offence, is upon him and the !ourt shall

presume the a-sence, of such circumstances.

I//USTRATIONS

;a< + accused of murder, alleges that, -y reason of unsoundness of mind, he did not

8no the nature of the act.

he -urden of proof is on +.;-< +, accused of murder, alleges that, -y gra$e and sudden pro$ocation, he as

depri$ed of the poer of self:control.

he -urden of proof is on +.

;c< Section 32 of the )a8istan )enal !ode +ct ;FC of 1'"*<, pro$ides that hoe$er,

except in the case pro$ided for -y section 33, $oluntarily causes grie$ous, hurt, shall -e

su-ect to certain punishments.

+ is charged ith $oluntarily causing grie$ous hurt under section 32.

he -urden of pro$ing the circumstances -ringing the case under section 33 lies on +.

1. B$en o 5$ov%n ac! e"5ec%ally >%!(%n @no>lee. : When any fact is

especially ithin the 8noledge of any person the -urden of pro$ing that fact is uponhim.

I//USTRATIONS

;a< When a person does an act ith some intention other than that hich the character

and circumstances of the act suggest, the -urden of pro$ing the intention is upon him.

;-< + is charged ith tra$elling on a railay ithout a tic8et. he -urden of pro$ing that

he had a tic8et is on him.

16. B$en o 5$ov%n ea!( o 5e$"on @no>n !o (ave een al%ve >%!(%n !(%$!y

yea$". :Su-ect to +rticle 124, hen the uestion is hether a man is ali$e or dead, and

it is shon that he as ali$e ithin thirty years, the -urden of pro$ing that he is dead ison the person ho affirms it.





possession7

;-< that an accomplice is unorthy of credit, unless he is corro-orated in material

particulars7

;c< that a -ill of exchange, accepted or endorsed, as accepted or endorsed for good

consideration7

;d< that a thing or state of things hich has -een shon to -e in existence ithin aperiod shorter than that ithin hich such things or states of things usually ceases to

exist, is still in existence7

;e< that udicial and official acts ha$e -een regularly performed7

;f< that the common course of -usiness has -een folloed in particular cases7

;g< that e$idence hich could -e and is not produced ould, if produced, -e

unfa$oura-le to the person ho ithholds it7

;h< that if a man refuses to anser a uestion hich he is not compelled to anser -y

la, the anser, if gi$en, ould -e unfa$oura-le to him7

;i< that hen a document creating an o-ligation is in the hands of the o-ligor, the

o-ligation has -een discharged.

>ut the !ourt shall also ha$e regard to such facts as the folloing in considering hether

such maxims do or do not apply to the particular case -efore it7

as to illustration ;a<.:a shop8eeper has in his till a mar8ed rupee soon after it as stolen,

and cannot account for its possession specifically, -ut is continually recei$ing rupees in

the course of his -usiness 7

as to illustration ;-<.: +, person of the highest character, is tried for a using a man6s

death -y an act of negligence in arranging certain machinery. >, a person of eually

good character, ho also too8 part in the arrangement, descri-es precisely hat as

done, and admits and explains the common carelessness of + and himself7

as to illustration ;-<.: a crime is committed -y se$eral persons. +, > and !, three of the

criminals, are captured on the shop and 8ept apart from each other. #ach gi$es anaccount of the crime implicating D, and the accounts corro-orate each other in such a

manner as to render pre$ious concert highly impro-a-le7

as to illustration ;c<.: +, the draer of a -ill of exchange, as a man of -usiness. >, the

acceptor, as a young and ignorant person, completely under +6s influence7

as to illustration ;d<.: It is pro$ed that a ri$er ran in a certain course fi$e years ago, -ut

it is 8non that there ha$e -een floods since that time hich might change its course 7

as to illustration ;e<.: a udicial act the regularity of hich is in uestion, as performed

under exceptional circumstances 7

as to illustration ;f<.: the uestion is hether a letter as recei$ed. It is shon to ha$e

-een posted, -ut the usual course of the post as interrupted -y distur-ances7

as to illustration ;g<.: a man refuses to produce a document hich ould -ear on acontract of small importance on hich he is sued, -ut hich might also inure the

feelings and reputation of his family7

as to illustration ;h<.: a man refuses to anser a uestion hich he is not compelled -y

la to anser, -ut the anser to it might cause loss to him in matters unconnected ith

the matter in relation to hich it is as8ed7

as to illustration ;i<.: a -ond is in possession of the o-ligor, -ut the circumstances of the

case are such that he may ha$e stolen it.

#HAPTER X O !(e E3a&%na!%on o '%!ne"" 13*. &rder of production and examination of itness



131. Judge to decide as to admissi-ility of e$idence132. #xamination:in:chief133. &rder of examination134. !ross:examination of person called to produce a document13. Witnesses to character13". Ceading uestions

13%. When leading uestion must not -e as8ed13'. When leading uestion may -e as8ed

13(. #$idence as to matters in riting14*. !ross:examination as to pre$ious statements in riting

141. 5uestion laful in cross:examination142. When itness to -e compelled to anser143. !ourt to decide hen uestion shall -e as8ed and hen itness compelled toanser144. 5uestion not to -e as8ed ithout reasona-le grounds14. )rocedure of !ourt in case of uestion -eing as8ed ithout reasona-le grounds14". Indecent and Scandalous uestions14%. )rocedure of !ourt in cases of defamation, li-el and slander

14'. 5uestions intended to insults or annoy14(. #xclusion of e$idence to contradict ansers to uestions testing $eracity

1*. 5uestion -y party to his on itness11. Impeaching credit of itness

12. 5uestion tending to corro-orate e$idence of rele$ant fact, admissi-le13. 0ormer statements of itness may -e pro$ed to corro-orate later testimony as tosame fact14. What matters may -e pro$ed in connection ith pro$ed statement rele$ant under+rticle 4" or 4%1. /efreshing memory

1". estimony to facts stated in document mentioned in +rticle 11%. /ight of ad$erse:party as to riting used to refresh, memory

1'. )roduction of documents1(. @i$ing as e$idence of document called for and produced on notice

1"*. Bsing, as e$idence, of document production of hich as refused on notice1"1. Judge6s poer to put uestions or order production

THE QANUN-E-SHAHADAT ORDER, 1984#HAPTER X

OF THE EXA2INATION OF 'ITNESS

16=. O$e$ o 5$oc!%on an e3a&%na!%on o >%!ne""e". : he order in hich

itnesses are produced and examined shall -e regulated -y the la and practice for the

time -eing relating to ci$il and criminal procedure respecti$ely, and, in the a-sence of

any such la, -y the direction of the !ourt.

161. 7e !o ec%e a" !o a&%""%%l%!y o ev%ence. : ;1< When either party

proposes to gi$e e$idence of any fact, the Judge may as8 the party proposing to gi$e the

e$idence in hat manner the alleged fact, if pro$ed ould -e rele$ant7 and the Judge

shall admit the e$idence if he thin8s that the fact, if pro$ed, ould -e rele$ant and not

otherise.

;2< If the fact proposed to -e pro$ed is one of hich e$idence is admissi-le only upon

proof of some other fact, such last:mentioned fact must -e pro$ed -efore e$idence is

gi$en of the fact first:mentioned, unless the party underta8es to gi$e proof of such fact,

and the !ourt is satisfied ith such underta8ing.



;3< If the rele$ancy of one alleged fact depends upon another alleged fact -eing first

pro$ed, the Judge may, in his discretion, either permit e$idence of the first fact to -e

gi$en -efore the second fact is pro$ed, or reuire e$idence to -e gi$en of the second fact

-efore e$idence is gi$en of the first fact.

IC/USTRATIONS;a< It is proposed to pro$e a statement a-out a rele$ant fact -y a person alleged to -e

dead, hich statement is rele$ant under +rticle 4".

he fact that the person is dead must -e pro$ed -y the person proposing to pro$e the

statement, -efore e$idence is gi$en of the statement.

;-< It is proposed to pro$e, -y a copy, the contents of a document said to -e lost.

he fact that the original is lost must -e pro$ed -y the person proposing to produce the

copy, -efore, the copy is produced.

;c< + is accused of recei$ing stolen property 8noing it to ha$e -een stolen.

It is proposed to pro$e that he denied the possession of the property. he rele$ancy of

the denial depends on the identity of the property.

he !ourt may, in its discretion, either reuire the property to -e identified -efore thedenied of possession is pro$ed or permit the denial of possession to -e pro$ed -efore the

property is identified.

;d< It is proposed to pro$e a fact ;+< hich is said to ha$e -een the cause or effect of a

fact:in:issue. here are se$eral immediate facts ;>, ! and D< hich must -e shon to

exist -efore the fact ;+< can -e regarded as the cause or effect of the fact:in:issue. he

!ourt may either permit + to -e pro$ed -efore >, ! or D is pro$ed, or may reuire proof

of >, ! and D -efore permitting proof of +.

16. E3a&%na!%on-%n-c(%e, e!c.: ;1< he examination of a itness -y the party ho

calls him shall -e called his examination:in:chief.

;2< he examination of a itness -y the ad$erse party shall -e called his cross:

examination.

;3< he examination of a itness su-seuent to the cross:examination -y the party ho

called him, shall -e called his re:examination.

166. O$e$ o e3a&%na!%on. :;1< Witnesses shall -e first examined:in:chief, then ;if

the ad$erse party so desires< cross:examined then ;if the party calling him so desires<

re:examined.

;2< he examination and cross:examination must relate to rele$ant facts -ut the cross:examination need not -e confined to the facts to hich the itness testified on his

examination:in:chief.

;3< he re:examination shall -e directed to the explanation of matters referred to in

cross:examinations and, if ne matter is, -y permission of the !ourt, introduced in. re:

examination, the ad$erse party may further cross:examine that matter.

164. #$o""-e3a&%na!%on o 5e$"on calle !o 5$oce a oc&en!. : + person

summoned to produce a document does not -ecome a itness -y the mere fact that he

produces it and cannot -e cross:examined unless and until he is called as a itness.

16:. '%!ne"" !o c(a$ac!e$. : Witnesses to character may -e cross:examined and re:





!o an">e$. : if any such uestion relates to a matter not rele$ant to the suit or

proceeding, except in so far as it affects the credit of the itness -y inuring his

character, the !ourt shall decide hether or not the itness shall -e compelled to anser

it, and may, if it thin8s fit, arn the itness that he is not o-liged to anser it. In

exercising its discretion, the !ourt shall ha$e regard to the folloing considerations. :

;1< such uestions are proper if they are of such a nature that the truth of the

imputation con$eyed -y them ould seriously affect the opinion of the !ourt as to the

credi-ility of the itness on the matter to hich he testifies.

;2< such uestions are improper if the imputation hich they con$ey relates to matters

so remote in time, or of such a character, that the truth of the imputation ould not

affect, or ould affect in slight degree, the opinion of the !ourt as to the credi-ility of

the itness on the matter to hich he testifies.

;3< such uestions are improper if there is a great disproportion -eteen the importance

of the imputation made against the itness6s character and the importance of his

e$idence.

;4< the !ourt may if it sees fit, dra from the itness6s refusal to anser, the inference

that the anser if gi$en ould -e unfa$oura-le.

144. Qe"!%on no! !o e a"@e >%!(o! $ea"onale $on". : ?o such uestion as

is referred to in +rticle 143 ought to -e as8ed, unless the person as8ing it has

reasona-le grounds for thin8ing that the imputation hich it con$eys is ell founded.

I//USTRATIONS

;a< +n ad$ocate is instructed -y an attorney that an important itness is a da8ait. his is

a reasona-le ground for as8ing the itness hether he is a da8ait.

L-< +n ad$ocate is informed -y a person in !ourt that an important itness is a da8ait.

he informant, on -eing uestioned -y the ad$ocate, gi$en satisfactory reasons for his

statement. his is a reasona-le ground for as8ing the itness hether he is a da8ait.

;c< + itness, of hom nothing hate$er is 8non, is as8ed at random hether he is a

da8ait. here are here no reasona-le grounds for the uestion.

;d< + itness, of hom nothing hate$er is 8non, -eing uestioned as to his mode of

life and means of li$ing gi$es unsatisfactory ansers. his may -e a reasona-le ground

for as8ing him if he is a da8ait.

14:. P$oce$e o #o$! %n ca"e o ?e"!%on e%n a"@e >%!(o! $ea"onale

$on". : If the !ourt is of opinion that any such uestion as as8ed ithout

reasona-le grounds, it may, if it as as8ed -y any ad$ocate, report the circumstances of

the case to the igh !ourt or other authority to hich such ad$ocate is su-ect in the

exercise of his profession.

14;. Inecen! an "canalo" ?e"!%on". : he !ourt may for-id any uestion or

inuiries hich it regards as indecent or scandalous, although such uestions or inuiries

may ha$e some -earing on the uestions, -efore the !ourt, unless they relate to facts in

issue, or to matter necessary to -e 8non in order to determine hether or not the facts

in issue existed.

14<. P$oce$e o #o$! %n ca"e" o ea&a!%on, l%el an "lane$". : When a

person is prosecuted or sued for ma8ing or pu-lishing an imputation of a defamatory,



li-ellous or slanderous nature the !ourt shall not, -efore it has recorded its findings on

the issues hether such person did ma8e or pu-lish such imputation, and hether such

imputation is true, permit any uestion to -e put to any itness for the purpose of

inuring the character of the person in respect of hom such imputation has, or is

alleged to ha$e, -een made, or any other person, hether dead or ali$e in hom he is

interested, except in so far as any such uestion may -e necessary for the purpose ofdetermining the truth of the imputation alleged to ha$e -een made or pu-lished.

148. Qe"!%on" %n!ene !o %n"l! o$ annoy. : he !ourt shall for-id any uestion

hich appears to it to -e intended to insult or annoy, or hich, though proper in itself,

appears to the !ourt needlessly offensi$e in form.

149. E3cl"%on o ev%ence !o con!$ac! an">e$" !o ?e"!%on" !e"!%n ve$ac%!y. :

When a itness has -een as8ed and has ansered any uestion hich is rele$ant to the

inuiry only in so far as it tends to sha8e his credit -y inuring his character, no e$idence

shall -e gi$en to contradict him, -ut if he ansers falsely, he may afterards -e charged

ith gi$ing false e$idence.

E3ce5!%on 1: If a itness is as8ed hether he has -een pre$iously con$icted of any

crime denies it, e$idence may -e gi$en of his pre$ious con$iction.

E3ce5!%on :lf a itness is as8ed any uestion tending to impeach his impartiality and

ansers it -y denying the facts suggested, he may -e contradicted.

I//USTRATIONS

;a< + claim against an underriter is resisted on the ground of fraud. he claimant is

as8ed hether, in a former transaction, he had not made a fraudulent claim. e denies

it.

#$idence is offered to sho that he did ma8e such a claim. he e$idence is inadmissi-le.

;-< + itness is as8ed hether he as not dismissed from a situation for dishonesty.

e denies it.

#$idence is offered to sho that he as dismissed for dishonesty.

he e$idence is inadmissi-le.

;c< + affirms that on a certain day he sa > at Cahore.

+ is as8ed hether he himself as not on that day at 0aisala-ad. e denies it.

#$idence is offered to sho that + as on that day at 0aisala-ad.

he e$idence is admissi-le, not as contradicting + on a fact hich effects his credit, -ut

as contradicting the alleged fact that > as seen on the day in uestion in Cahore.

In each of these cases the itness might, if his denial as false, -e charged ith gi$ing

false e$idence.;d< + is as8ed hether his family has not had a -lood feud ith the family of > against

hom he gi$es e$idence.

e denies it. e may -e contradicted on the ground that the uestion tends to impeach

his impartiality.

1:=. Qe"!%on y 5a$!y !o (%" o>n >%!ne"". : he !ourt may, in its discretion, permit

the person ho calls a itness to put any uestion to him hich might -e put in cross:

examination -y the ad$erse party.

1:1. I&5eac(%n c$e%! o >%!ne"".: he credit of a itness may -e impeached in the

folloing ays -y the ad$erse party, or, ith the consent of the !ourt, -y the party hocalls him.





corro-orate it, or in order to impeach or confirm the credit of the person -y hom it as

made, hich might ha$e -een pro$ed if that person had -een called as a itness and

had denied upon cross:examination the truth of the matter suggested.

1::. Re$e"(%n &e&o$y. : ;1< + itness may, hile under examination, afresh his

memory -y referring to any riting made -y himself at the time of the transactionconcerning hich he is uestioned, or so soon afterards that the !ourt considers it

li8ely that the transaction as at that time fresh in his memory9

;2< he itness may also refer to any such riting made -y any other person, and read

-y the itness ithin the time aforesaid, if hen he read it he 8ne it to -e correct.

;3< Whene$er a itness may refresh his memory -y reference to any document, lie may,

ith the permission of the !ourt, refer to a copy of such document9

)ro$ided the !ourt -e satisfied that there is sufficient reason for the non:production of

the original.

;4< +n expert may refresh his memory -y reference to professional treatises.

1:;. Te"!%&ony !o ac!" "!a!e %n oc&en! &en!%one %n A$!%cle 1::. : + itness

may also testify to facts mentioned in any such document as is mentioned in +rticle 1,

although lie has no specific re:collection of the facts themsel$es, if lie is sure that the

facts ere correctly recorded in the document.

I//USTRATIONS

+ -oo8:8eeper may testify to facts recorded -y him in -oo8s regularly 8ept in the course

of -usiness, if he 8nos that the -oo8s ere correctly 8ept, although he has forgotten

the particular transactions entered.

1:<. R%(! o ave$"e 5a$!y a" !o >$%!%n "e !o $e$e"( &e&o$y. : +ny riting

referred to under the pro$isions of the to, last preceding +rticles must -e produced and

shon to the ad$erse party if he reuires it, such party may, if he pleases, cross:

examine the itness thereupon.

1:8. P$oc!%on o oc&en!.:;1< + itness summoned to produce a document shall,

if it is in his possession or poer, -ring it to !ourt, not$$ithstanding any o-ection hich

there may -e to its production or to its admissi-ility. he $alidity of any o-ection s8ill -e

decided on -y the !ourt.

;2< he !ourt, if it sees fit, may inspect the document, unless it refers to matter of

State, or ta8e other e$idence to ena-le it to determine on its admissi-ility.

;3< If for such a purpose it is necessary to cause any document to -e translated, the

!ourt may, if it thin8s fit, direct the translator to 8eep the contents secret, unless the

document is to -e gi$en in e$idence and, if the translator diso-eys such direction, he

shall -e held to ha$e committed an offence under section 1"" of the )a8istan )enal !ode

;+ct FC of 1'"*<.

1:9. C%v%n, a" ev%ence, o oc&en! calle o$ an 5$oce on no!%ce. : When

a party calls for a document hich he has gi$en the other party notice to produce, andsuch document is produced and inspected -y the party calling for its production, he is



