Mam Sana 9TH Semester

UNIVERSITY OF KARACHI
SCHOOL OF LAW
ASSIGNMENT QANOON-E-SHAHDAT ORDER 1984
SUBMITTED TO
MAM SANA KHAN
BY
SANAM QADIR BA/LLB 9TH SEMESTER
TOTAL MARKS = 40/
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APPRECIATION OF QANON-E-SHAHADAT IN CIVIL AND CRIMINAL
PROCEEDINGS
In Holy Quran there are some injunctions about importance of evidence. Conceal not evidence,
for whoever conceals it; his heart tainted with sin. And Allah knows all that you do. (2/283).
Qanon-e-shahadat has most important role in administration of justice. Basically it is like a

bridge which helps in proceedings to win the case. QSO applies all the proceedings before the
Court except arbitrator. It is a fundamental step when preparing for any litigious matter is to
gather evidence to support their legal position and for the purpose of assisting a judge to reach a
decision in the matter. A judge’s decision is limited to the evidence placed before them, because
they decide within the ambit of the law.
In both criminal and civil proceedings, QSO has a number of purposes. However, due to the
contrary nature of civil and criminal cases, the rules applicable on them may be different. But the
evidentiary rule of QSO may be apply the same in the proceedings like after institution of a civil
suit with all the relevant evidences or in absence of evidence affidavits to be produced in the
court then court examine witnesses and documents in the light of QSO and if the admission of
the alleged fact proved would be relevant then the judge shall admit the evidence. From onwards
the procedure was almost same court frame issues. Fact in Issue arises when allegations of a
party are denied by the other. Likewise in criminal trial after lodging F.I.R when the police has
completed its investigation and submitted the charge sheet in court then the court frame charges.
Basically the purpose of framing charges and issues is that only the relevant, prescribed and
definitive facts and charges are to be tried by the court and discussed on the issue of fact and
issue of law. And court can only do it with the help of QSO to eradicate irrelevant facts or
charges and make it clear what was the actual issue and deal with it under the law.
After framing of issues in civil parties file list of witnesses within 15 days and court summons to
the witnesses either for adducing evidence or for production of document. And in criminal list of
witnesses appear in the column of witnesses of the challan and court can summon a material
witness even if his name doesn’t appear in challan. According to QSO A witness is a person who
deposes some relevant fact in an issue or testifies in order to prove or disprove any matter in
question all persons shall competent to testify as a witness unless the Court finds that they are
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hindered from understanding or having reasonable answers to the questions put to them due to
extreme age, tender age, or any other diseases.
Afterwards in civil suit burden of proof lies upon the party who claim, to prove its case on the
standard of preponderance and probabilities. Firstly plaintiff may present their evidence and
witnesses in examination-in-chief than defendant infornt of a judge. And the judge for
ascertaining the accuracy of documents relay on article 79 of QSO which deals with the proof of
documents. then cross-examination is to be conducted from the adverse parties The party may
re-examine the witness if he thinks necessary after closing re-examination parties conclude their
arguments then court has announce his judgment. In criminal trial general rule of QSO apply the
same in criminal cases heavier burden of proof lies upon the prosecution to prove accused guilt
beyond a reasonable doubt because it is a matter of life and death. Moreover prosecution presents
their evidence and witnesses in examination-in-chief infornt of judicial magistrate then accused
has a right to present their evidence and witnesses. Afterwards the article 44 of QSO provides
that all the accused persons shall be liable to cross-examination and criminal code provide that is
accused does not plead guilty he shall give evidence on disproof of charges or allegations against
him. And then both the parties make arguments on contradictory statements. At last judges infers
out the crux of evidence after knowing all relevant circumstances according to the produced
evidences both primary and secondary by the parties, police. Afterwards, he prepares the
judgment or order sheet for the conviction, release or acquittal.
Litigious matters are won and lost based on the evidence placed before the court. However
people can’t prove the presence of ghost until and unless they give evidence to the court. So to
satisfy the court one must have sufficient evidence to prove its case.
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CAPIBILITY OF A JUDGE TO INFEROUT TRUTH BEHIND LIE WITH THE HELP
OF QANON-E-SHAHADAT
A judge is not an angelic person who sees truth behind lies or God’s words are reveled on him. A
judge is normal human being who is an elected or appointed official who conducts court
proceedings. Judges are duty bound to impartial and strive to properly interpret the meaning,
significance, and implications of the law. Basically it is not a duty of a judge to detect suspicious
behavior akin liars but to decide a matter according to given evidence by the parties. The case
must win by the person whose evidence is more reliable and genuine in the eyes of court.
The judge is the trier of law, means he/she ensures that everything happening in the courtroom
follows the rules set down by the law. However, it is decided that the judge strictly follow the
law and ultimately law helps a lot a judge to separate wheat from chaff. For this purpose QSO
plays a vital role and foams the building blocks of the procedure. In which a judge evaluate
issues arises between the parties from a detailed stories of the both sides this is the way in which
QSO works framing issues and charges then case proceed with the examination of evidence and
witnesses in the light of QSO. However every evidence either it may be documentary or oral
must be properly checked by a judge and if necessary a judge may call for an opinion of experts
to identify such evidences and this advantage a judge must seeks from the proviso of QSO. And
then the main part of litigious matter are performed by lawyers each party has a right to cross-
examine the evidence other parties have afterwards at the end the main role of a judge is to
ascertain the transparency, accuracy and consistency of a evidence and statements of witnesses
with the help of QSO and announce their judgment. In addition, previous settled precedent of
evidence law also give a lot of comfort to subordinate judges and they look on to if they can’t get
clear recommendations from QSO. However, judges follow the road map of QSO and they never
override the laws but to make more clarify or interpret through their judgments.
Basically a judge is a blind pigeon he doesn’t use their own discretion. While there is some
limited open discretion for a judge but there is also a countercheck by other provisions of law so
that’s why judges are hesitating to do according to their own discretion.
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UNIVERSITY OF KARACHI

ASSIGNMENT QANOON-E-SHAHDAT ORDER 1984

MAM SANA KHAN

SANAM QADIR BA/LLB 9TH SEMESTER

TOTAL MARKS = 40/

Qanon-e-shahadat has most important role in administration of justice. Basically it is like a

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