Law of Evidence at Pakistan
In Pakistan, the Law of Evidence is primarily governed by the Qanun-e-Shahadat Order, 1984, which replaced the old Evidence Act of 1872. This law lays down the rules and principles concerning the admissibility, relevance, and evaluation of evidence in judicial proceedings.
Key Features of the Qanun-e-Shahadat Order, 1984:
Applicability:
It applies to all judicial proceedings in or before any court in Pakistan, except for martial law courts and military tribunals.
Types of Evidence:
Oral Evidence – Statements made by witnesses in court.
Documentary Evidence – Written or recorded materials used to prove or disprove facts.
Primary and Secondary Evidence – Originals vs. copies or substitutes of documents.
Direct and Circumstantial Evidence – Evidence that proves a fact directly or by inference.
Relevancy of Facts:
Only relevant facts are admissible. The law defines what facts are considered relevant in a case.
Presumptions and Burden of Proof:
Rules regarding who must prove a fact and the circumstances under which the court can presume certain facts to be true.
Expert Evidence:
Allows for expert opinions in matters involving science, handwriting, fingerprinting, etc.
Character Evidence:
Limited use; generally, a person’s character cannot be used to prove guilt or innocence except in specific cases.
Witness Testimony:
Lays down rules about who can testify and under what conditions, including competence and compellability.
Islamic Principles:
The law incorporates Islamic concepts of justice, especially in matters relating to hadd (fixed punishments) and qisas (retribution).
Recent Developments and Challenges:
Some legal scholars and practitioners advocate for modernization of the Qanun-e-Shahadat to better accommodate technological advancements (like electronic evidence).
Courts increasingly deal with digital and forensic evidence, which requires consistent interpretation aligned with the law.
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