Law: Qanun-e-Shahadat (10 of 1984)

Section: 38,59,71,72,75,76,79,88

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 38, 59, 71, 72, 75, 76, 79 88---Documentary evidence---Principles of law of evidence as to what material was relevant; when it was admissible; how it was to be proved; and, how its evidentiary value was determined stated. Relevant and admissible evidence The expression relevancy and admissibility had their own distinct legal implications under the Qanun-e-Shahadat, 1984 as, more often than not, facts which were relevant may not be admissible. On the one hand, a fact was relevant if it was logically probative or dis-probative of the fact-in-issue, which required proof. On the other hand, a fact was admissible if it was relevant and not excluded by any exclusionary provision, express or implied. What was to be understood was that unlike relevance, which was factual and determined solely by reference to the logical relationship between the fact claimed to be relevant and the fact-in-issue, admissibility was a matter of law. Thus, a relevant fact would be admissible unless it was excluded from being admitted, or was required to be proved in a particular mode(s) before it could be admitted as evidence, by the provisions of the Qanun-e-Shahadat, 1984. As far as the latter was concerned, and that too relating to documents, admissibility was of two types: (i) admissible subject to proof and (ii) admissible per se, that is, when the document was admitted in evidence without requiring proof. Mode of proof Mode of proof was the procedure by which the relevant and admissible facts had to be proved, the manner whereof had been prescribed in Articles 70-89 of the Qanun-e-Shahadat, 1984. In other words, a relevant and admissible fact was admitted as a piece of evidence, only when the same had been proved by the party asserting the same. In this regard, the foundational principle governing proof of contents of documents was that the same were to be proved by producing primary evidence or secondary evidence. The latter was only permissible in certain prescribed circumstances, which had been expressly provided in the Qanun-e-Shahadat 1984. As a general principle, an objection as to inadmissibility of a document could be raised at…

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