QSO 1984

Total articles 166

QSO repealed the Indian evidence act of 1872

QSO was passed on 28 October 1984(The repeal date for the Indian Evidence Act is also the
same)

QSO is applicable in

i) All courts
ii) Judicial or even quasi-judicial functions

Just not applicable to family courts and arbitrators. Everywhere applicable.

Section 2
Court means “Judges, magistrate all person but not an arbitrator”

Document means “any letter, figure or mark or combination”

Evidence is “All statements and documents” it is of two types.

Documentary
Oral

Fact means “Anything/state of things capable of being perceived by senses.

Automatic Electronic Systems means “Automatic electronic system generates these slips.

Section 3

Competency of Witness.

Who can testify?

All persons are competent to testify only conditions are

i) If they can understand the question

ii) Give rational answers

There are no other restrictions on gender, age, or religion here.

But you can’t testify if you have done

i) Perjury (Jailed witness for Jhooti Gawahi in court)

But if the court thinks that the person has mended his ways and sorted himself out

Article 4-14 Privileged communication

Article 3 does not apply to this section.

Privileged communication= Protected communication from forced disclosure.

Article 4-Judges/Magistrates(If any statement is given in front of these 2, no one except the
superior court can force them to give them information)

Article 5- Spouse (Protected communication)(Gawahi tab ho Sakti hai when there is a fight
between husband and wife)

Article 6- Affairs of state (No one. Applies to all persons)

Article 7-Official communication like rate of petrol or electricity(No public officer)
Article 8-Police officer, the revenue officer, and the magistrate cannot disclose the name of
the whistleblower (it is privileged communication)
Article 9-Advocate can’t testify against their client. (Advocate can tell if there is an intention
to crime told by the client to the advocate)
Article 10- No servant or their clerk of the advocate can testify against the client.

Article 12-Client can’t testify against the lawyer as well.

Section 15 Incriminating questions

Can an incriminating question be asked from a witness? Yes.

A killed B. X testifies. X was a thief which is why he/she was there. The statement of X will
not be used against him/her for being a thief.
They are given privilege if they object. If they don’t object, they will not be given privilege.

Section 16 Accomplice.

On the statement of the accomplice, the other criminals can also be sentenced but in cases
of hudood, the statement of the accomplice will not be considered.

Section 17 Number of witnesses.

Civil=Financial Matters(2male)or(1 male and 2 female)or(4 female)
Criminal-1 male or 1 woman
Hudood-2 witnesses(Should be male Muslim adults with Tazkiyah al shuhood)
Requirements for Hudood and Qisas are the same.
But in the case of Zina, 4 witnesses.

Conditions for Hudood.

 i) Muslim
ii) Adult
iii) Only male.

In cases of hudood, accomplice and jailed(perjury) cannot be witnesses.

Article 18 Relevancy of facts

Any fact that happens at the same place and time is the fact in issue. (Fact in issue is asal
baad) Kia apnay A ko goli maartay huay dekha?

Others are relevant facts (this person has also committed the same crime in 1990)

Irrelevant facts need not be proved.

Article 19 Res Gestae. ( It is things closely done like dhamki waghera, motive, ID parade. Res
Geste are relevant facts)

Things done (Relevant facts are Res Gestae)

Testimony is only taken about facts in issue/relevant facts.

Other facts are known as irrelevant facts. They need not be proved.

Section 22 Identification parade.

It is relevant fact for stranger offenders.

Section 24(2) Plea of alibi

I was somewhere else

Alibi=elsewhere. This plea is taken by the accused.

Article 28- Accident or murder.

Check previous occurrences to judge where it was a murder or accident.

Admission(30-36) and 45.

It is a principle of civil justice.

Admission is the acknowledgment of a fact.

Confession is the admission of guilt

All confessions are admissions. All admissions are not confessions.

Admission has two types, oral, and documentary.

Admission can be done by

i) Party
ii) Representative
iii) Referred person(A can admit for A, B, C, and D)

Confession is only done by the relevant person. (A can only confess for himself)

Who can admit it?

Party itself
Agent to the party
Referred person

Who can confess?

Only the accused person

Article 45 (Estoppel)

Estoppel is an admission.
Once it has been admitted, you cannot retract it.
Once it has been confessed, you can retract it.
If confession is because of a promise, threat, or inducement, it is irrelevant and cannot be
relied upon.

Confession (37-43)

Confession before/in the custody of the police is inadmissible.

Any confession other than in front of the magistrate is an extra-judicial confession(the

weakest form of evidence)

If confession is because of a promise, threat, or inducement, it is irrelevant and cannot be

relied upon

Dying Declaration (46(1))

It will be relevant if the person dies.
Judge-Police-Doctor-any person.

The dying person should be competent under Article 3.

Is it relevant? Yes
Death is necessary for admissibility.

Article 47- Judicial Record

Hearsay evidence is not admissible other than the dying declaration and the judicial record
which are admissible.

A statement made under special circumstances.

Public record/maps, charts, and plans/ Fact of public nature/ law books(RELEVANT)

This is because Article 18 stated that the fact should be relevant for its admission.

How much of a statement is to be proved?

Only the relevant parts are to be proven(A book’s single relevant page is enough)

Judges of courts when relevant?

When the judgment is res judicate or related to probate, the court giving judgment to the
heir about the inheritance is relevant.

Expert Opinion Article 59-65

Article 59- 3rd Person/Expert Opinion

It is indirect evidence, but it is an exception to the rule of hearsay not being relevant. (It is
hearsay but relevant)

It is relevant to Sciences, Arts, and Foreign law. (Not relevant on other points like points of
local law)

Relevancy of Character Article 66-69

Previous good character is relevant in criminal law. Bad character in criminal law is
irrelevant but in reply it is relevant.

Good and bad characters are irrelevant in civil but if the suit is for damages, then the good
and bad character is relevant in civil. (Amount of damages given on character)

Article 70
Evidence- Oral and Documentary

Documentary evidence will prevail in these two cases of the contents of a document.
Oral evidence is direct and indirect (Oral must always but direct but a dying declaration,
Shahadat Al Shadah, and expert opinions are exceptions)

Shahadat-Al-Shadah= Gawah par gawah(This is also an example of indirect oral evidence) 2

witnesses testify for one person’s statement and the original person is not present.
Direct is, “I saw”, “I heard”. If it is not direct, it is not acceptable.

Oral evidence is all facts except the contents of documents.

Documentary evidence will overcome all the oral evidence.

For example, CNIC states the same of a person as “Imran Khan”. Even if everyone testifies
the person’s name as “Ali”, the court will rely on the CNIC.

Documentary Evidence
Article 73,74,85,86

Article 73-Primary (original doc, uniform process, lithographs, print art, counterparts(there
are counter documents,10 lakh offer, 8 lakh counter offer), several parts(all parts are
original))

Article 74-Secondary (Mechanical process, compared copy, certified copy.)

Article 75- The primary evidence is the ideal evidence.

Article 76-Primary evidence is the ideal evidence and is accepted. Generally, primary
evidence should be produced. However, Secondary evidence is only acceptable in cases of:
i) When the original is with someone else
ii) When the original is lost
iii) When the original is destroyed
iv) When the original is with the adverse party
v) Part of the judicial record
vi) When the original is bulky
vii) When original are numerous( in 8 copies)

Article 85-Public (Any document issued by Govt. parliament, official body, public record kept
in Pakistan, public officer, record maintained by public servant )(Anyone can access)(Nikkah
Nama is a public document now)
Article 86-Private (All other documents are private)(Everyone can’t access your house
registry.

The public record is proven through a gazette.

Private record is proven through

i) Admission
ii) Attesting witnesses
iii) Acquainted persons
iv) Expert opinion(art, medical and foreign law)

Article 92
Presumptions that are attached to documents:

i) Certified copies are genuine (district court stamped decision is genuine)

Article 91

ii) Record of evidence is genuine

Article 95

i) Power of Attorney is genuine

Article 93

ii) Presumption of maps is genuine

Article 97

iii) Presumption as to books, maps, and charts is genuine

Article 98

iv) Presumption as to telegraphic messages is genuine If disputed, 2 people

have to be bought.

Article 101

If an original is 30 years old and its certified copy is present

If the original is present, the court may consider it original.

If certified is present, the court will have to consider it original.

QSO Articles 102-131

Exclusion of oral evidence through documentary evidence (102-109)
In cases of

i) Contract
ii) Grant
iii) Disposition of property

But oral evidence can be given in support of documentary proof.

i) Issues in unmeaning reference (If multiple meanings can be derived from the
documents)(There are two Sahiwal examples) One in Lahore, one near Okara
 ii) Your language is applicable to several persons( 2 Imran Khans)
iii) Illegible character(if the line is not readable in the document)
iv) There are 2 sets of facts

Facts that need not be proved (110-112)

Article 111
i) Admitted fact. I murdered, I did anything.

ii) Judicially noticeable facts need not be proved

What are judicially noticeable facts? The facts that the court should know.
Geographical limits
Rules of road, air, land
Hostility (dushmani ya dosti with a country)
Division of time (subah ya raat. Is waqt kia time waghera hai?)

Estoppel 113-116(IMPORTANT)

Estoppel has 2 parties

Estoppel has 3 types. Estoppel by deed, record, conduct

Estoppel=To stop someone (to make someone hold onto their promise) (Specific
performance)
The person who believes and acts relying on the statement can make the person rely upon
the promise.

The burden of Proof (117-127)

Article 117
The burden of proof is on whoever asserts and not upon the one who denies it.
When the defendant takes the plea of exception, the burden of proof falls on them. Other
than that obviously, the burden of proof is on the prosecution.

The burden of proof in death

i) Life is assumed even if a person has died but if 30 years have passed by, then
after 30 years, their death is presumed by the court but before 30 years, death
evidence will have to be given
ii) If a person dies and it is claimed that a person is alive, he will have to prove it. 7
years is the time here
iii) Just remember the time if the concept is not clear. 30 years for death. 7 for life.

The legitimacy of a child (128)

A child born within 2 years of divorce is legitimate.
A child born after 6 months of marriage is legitimate.

Unless

i) The man denies it.

Presumptions
Article 129
I) The one who has the stolen property is the thief. (jissay mili hai choree kee
cheez, wo chor hai)
II) Accomplice is not worthy of credit.
III) The silence of a party is interpreted against him/her.
IV) Judicial and official acts have been properly performed
V) That common course of business has been followed

Order/admissibility of evidence (130-131)

Admissibility of evidence responsibility of the court even if the evidence is competent and
relevant.
It is upon the court to decide how to record the evidence.

QSO 132-166

Examination: 132-135

The examination is of three types

I) Examination in chief(Will be done by the calling party. Calling party is the one
jiska gawah hai)
II) Cross-Examination(Done by adverse party)
III) Re-Examination(Only done to clarify any issues that may arise in cross-
examination)

Order is Re-examination---Cross Examination-----Re-examination

Article 136-138 (Leading questions not lawful in examination in chief)

No leading questions are allowed from the calling party in the examination in chief.
HOWEVER, with the leave of the court leading questions are allowed like from a child or
someone who does not know the language.

Article 141 (Leading questions lawful in cross-examinations):

Done by the adverse party
But if there is ambiguity taking place, re-examination can be done by the calling party. The
only ambiguity is to be cleared.
Why is cross-examination done?
i) To test their veracity
ii) To discover who is he and to check their status.
iii) To shake credit

Just know, the questions you ask, you must have reasonable grounds. (Chor say choree ka
pooch saktay hain)

Indecent and scandalous questions cant be asked but can be asked if it relates to the fact in
the issue. (Agar maamla hee 376 waghera ka hai)

Insulting or annoying questions cant be asked. (These can’t be asked at any cost)

Leading questions cant be asked in the re-examination as well.

145(inquiry against the advocate if question without grounds is asked)

Hostile Witness: 150

If the witness becomes hostile, you can do a cross on your own witness.

Impeachment of credit of witness: 151

i) Prior inconsistent statement.
ii) Witness has been bribed.
iii) Unworthy of credit(from his conduct)

Competency-Relevancy-Admissibility

Refreshment of memory: 155

Memory can be refreshed but the opposite party will have the right to see the entry or
through the means that the witness has refreshed their memory

Power of judge to ask questions:161

i) Any time
ii) Any party
iii) Any question

Questions by the court: 161

The court can ask any questions like irrelevant facts etc. Just can't ask

i) Insulting questions
ii) Annoying questions
Statement on oath: 163
If a person brings a matter on oath and states that “Ask the other person to take an oath.”
Now, if the other person denies it on oath, the matter will be closed.

Evidence of modern devices: 164

Modern devices(CCTV, Mobile camera, social media, computer)

Under 164, evidence taken through modern devices is admissible.