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Qso 1984
Qso 1984
● SUBSTANITIVE LAW
● PROCEDURAL LAW
3. MEANING
4. DEFINITION
5. REQUIREMENTS OF CONFESSION
6. ESSENTIAL CONDITIONS
7. PROCEDURE FOR RECORDING CONFESSION
8. ISLAMIC LAW ABOUT CONFESSION
9. EVEDENTIARY VALUE
10. FORUM OF RECORDING
11. HOW RECORDED
12. DELAY IN RECORDING CONFESSION
13. KINDS OR CLASSES OF CONFESSION
(1)PREFACE OR INTRODUTION:
Confession is an exception to general rule, “that hearsay evidence is no evidence.” The concept of
confession has been derived from Christianity where people when to the pope and acknowledge to the
guilt in front of him.
(2)RELATED ARTICLES:
Article 37 to 43 of the QSO, 1984 and section 163, 164, 364 and 533 of the code of criminal
procedure deals with the confession.
● SUBSTANITIVE LAW:
● PROCEDURAL LAW:
Procedural law of confession is found section 163, 164, 364 and 533 of the code of criminal
procedure
NOTE: Confession made by accused in one case is not admissible in another case (AIR 2013 SC 1441).
(3)MEANING:
Confession is an oral or written statement in which a person say that he have done something or
committed a crime.
LAW DICITIONARY: “The act of telling person something that makes he embarrassed ashamed etc.
(4)DEFINITION:
An act of confession, especially a disclosure of one’s sins in the sacrament of reconciliation. Only
voluntarily and direct acknowledgment of guilt is a confession (AIR 1998 SC 1406).
NOTE: - When following conditions are present, the confession is said to be not free and will not be
receivable in evidence.
(5)REQUIREMENTS OF CONFESSION:
o In person,
o Voluntary- voluntary confession means a confession not caused by inducement, threat or
promise,
o Without influence and
o Free of hand cuff.
(6)ESSENTIAL CONDITIONS:
Conditions for relevancy of confession may be described under;
i. It must not cause by inducement, threat or promise (Art.37),
ii. It must not be made to a police officer (Art.38), subject to provisions of Article 40,
iii. It must be made in the immediate presence of a magistrate when the accused is in custody of
police officer (Art. 39),
iv. It must be made after the imprisonment, caused by inducement, threat or promise, has been fully
removed (Art. 41).
v. The confession of an accused is relevant only against himself, subject to the article 43.
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● When a man of sound mind and mature age makes a confession in ordinary simple language,
after he has been dully warned, and the court is satisfied that it is voluntarily, true and
trustworthy, it can be made the foundation for conviction (2012 YLR 2395).
● Two essential legal requirements must be fully and objectively satisfied for relying on
confession of an accused, firstly that the confession is made voluntarily and is true and
secondly, that the same must be proved at a trial (2003 YLR1481).
(10)FORUM OF RECORDING:
Confession must be record in court. Basic principle for recording of confession, is to be voluntary,
without any inducement and threat or without any promise.
(11)HOW RECORDED:
Judicial confession must be recorded in the manner provided by section 364 CrPC.
(12)DELAY IN RECORDING CONFESSION:
Delay in recording confession statement, purse is no ground to discard the same unless it is proved or
show from circumstances that it is obtained by coercion, threat or pressure etc. (2002 PCr.LJ 1404).
(i)JUDICIAL CONFESSION:
A judicial confession is that which is made before the magistrate or in court in the due course of legal
proceeding. That which is recorded under sections 164 and 364 of the code of criminal procedure.
(ii)EXTRA-JUDICIAL CONFESSION:
A confession which is neither made to a magistrate nor in the course of legal proceeding is an extra-
judicial confession. A confession made before a magistrate in his private capacity is an extra-judicial
confession.
(3)RELAY ARTICLE:
Article 24 of Qanoon e Shahadat order, 1984 deals with such defense (Plea of alibi).
(4)DEFINITION:
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“The plea of absence of a person accused from the place of occurrence, at the time of commission of
the offense is called the “Plea of alibi”.
(5)HIGHLY PROBABLE OR IMPROBABLE:
The term “Highly Probable or Improbable” in clause 2 of Article 24 of the QSO, 1984 point out that
the connection between the facts and issue and collateral facts sought to be proved must be so immediate
as to render the existence of the two highly probable, only such facts are made admissible by these words
as would carry great weight with the court in reaching in conclusion with regard to existence or non-
existence of a fact in issue or relevant fact. It is not merely probability but high degree thereof that is
envisaged [AIR 1971 punj.9].
● QUANTUM OF PROOF:
The quantum of proof required to prove a plea of alibi various from case to case. But in most case the
accused has strictly prove his plea.
To prove his innocence against accusation, accused is required to raise reasonable question about his
absence in plea of offence at a time of commission of offence and about his presence in some other plea
at such time.
(8)LIMITATION:
Permissible only in criminal cases not in civil suits.
(9)EVEDENTIARY VALUE:
The plea of alibi is postulate the physical impossibility of the presence of the accused at the scene of
the offence by reason of his presence at another place.
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The plea can therefore, succeeds only if it is shown that the accused was so for away at the relevant
time he could not be present at the place where the crime was committed [AIR 1981 SC 911].
(10)NATURE OF PLEA:
Plea of alibi is the weakest type of plea and cannot not be given any weight unless some is proved
from very cogent, convincing and plausible evidence [2002 YLR137]. Plea of alibi should be raised at the
earliest time or stage [2016 MLD 1700].
(3)DEFINITION:
As the wording of article 30 of the QSO, 1984 admission is defined as;
“An admission is a statement, oral or documentary, which suggests any inference as to any fact in
issue or relevant fact and which is made by any of the persons, and under the circumstances, hereinafter
mentioned”.
CASE LAW DEFINITION:
“An admission is a concession or voluntary acknowledgment made by a party or anyone identify with
him in his legal action of the existence of certain facts which are in issue or relevant to an issue in a case”
[AIR 1957 all 1].
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(6)BASIC REQUIREMENTS:
The rule regarding the admissibility of the admission areas;
i. Admission must be made in favor of opposite party,
ii. Admission must be taken as whole,
iii. Admission must be clear and definite,
iv. Admission must not be suspicious and
v. Admission must be based upon the personal knowledge.
(9)EVIDENTIARY VALUE:
An admission constitutes a substantive piece of evidence in the case and in for that reason can be
relied upon for proving the truth of the facts incorporated therein.
(10)KINDS OF ADMISSION:
There are two kinds of admission;
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(i)JUDICIAL-ADMISSION:
Judicial admission means before the court or competent judge empower by law.
(ii)EXTRA-JUDICIAL ADMISSION:
Out of the limit of court like police officer or doctor or any other who is are the authority of court or
not empowered by law.
Another view is that identification parade can be substantive evidence especially when proper
procedure is adopted for holding of identification and all legal requirements are fulfilled [1992 PCr. LJ
1122, 1989 PCr. LJ 2227].
(2)DEFINITION:
The word ACCOMPICE has not been under the QSO, 1984. An ACCOMPLICE means a person who
has taken part in the commission of a crime.
An ACCOMPLICE is a person supposed to be directly or indirectly concern in or privy to the offence
[1995 MLD 1663].
(3) RELEVENT PROVISIONS:
Article 16 and 129 of the QSO, 1984 deals with APPROVER or ACCOMPLICE.
(4)CROSS REFFERENCE:
Section 337, 359 CrPC.
(5)GENERAL RULE:
It is the duty of prosecution to prove a case beyond any shadow of reasonable doubt.
(6)EVIDENCE OF COMPLICE IN HADD:
As clear mentioned in the article 16 of the QSO, 1984, evidence of an accomplice is not admissible at
all in case of an offence punishable with had [1994 SCMR 932].
(7)EXPLAINATION OF ARTICLE 2 AND 129(B):
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Article 2 states that accomplice shall be competent witness against an accused person, except in the
case of an offence punishable with had and a conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of an accomplice.
The cautionary rule however, is embodied in article 129, illustration (b) which provides that an
accused ought not to be convicted on the evidence of accomplice alone and that such evidence ought to be
corroborated in some material respect implicating the accused in order to justify is conviction.
The combined effect of article 16 and 129 illustration (b) is that though a conviction based upon
accomplice evidence is legal the court will not accept such evidence unless it is corroborated in materials
particulars. The corroboration must connect the accused with the crime. It may be direct or circumstantial.
One accomplice cannot corroborate another [AIR 1970 SC 45].
(8)NATURE OF EXTENT OF CORROBORATION:
The evidence required in corroboration of approver’s, evidence should be satisfactory and reliable
and should be derived from independent and unimpeachable source and circumstances. Further it is not
necessary for the corroboration evidence to be always direct. It may be circumstantial.
DYING DECLERATION:
INTRODUCTION:
Article 46(1) of the Qanoon e shahadat order, 1984 deals with dying decoration. General presumption
is that dying person usually speaks truth. And also ancient principle is, “no one of point of death should
be presumed to be lying”.
RELEVENT PROVISION:
Article 46(1) of QSO, 1984.
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MEANING:
Dying declaration means a statement by that person, who believes that is imminent especially when
such statement relates to cause of circumstances of such person’s impending death.
DEFINITION:
“Statement by a person who believes that he near to die by some reason inflicted on him by some
persons.
FORMS OF DYING DECLERATION:
A dying declaration may be made in following forms;
I. Written,
II. Oral,
III. By single either by A signs and B gestures.
EXPLANATION OF ARTICLE 46(1):
According to article 46(1), dying declaration are statements made by a dying person as to the injuries
which culminating in his death or the circumstances under which the injuries were inflicted.
FOR EXAMPLE:
If Mr. A has been assaulted by Mr. B or has been attacked by Mr. B, and dies Mr. A shortly before
his death makes a declaration holding Mr. B responsible for the injuries inflicted on him with spear. The
statement of Mr. A is admissible as it relates to the cause of his death as a dying declaration as the trial
against Mr. B.
DYING DECLARATION IS AN EXCEPTION TO HEARSAY RULE:
Hearsay means a statement made otherwise than a person while given oral evidence in the
proceedings which is tendered as evidence of the matter stated.
The provision of article 46, inter alia providing admissibility of dying declaration in evidence, is
exception to hearsay rule. The exception to hearsay evidence has been directed by necessity. The general
grounds of admissibility of the evidence referred to article 46 is that no batter evidence could be
produced.
INGREDIENTS OF DYING DECLERATION:
To sum up dying declaration is the combination of the following ingredients:
I. It relates to the cause of death.
II. It includes circumstances with resulted into the death.
III. It is relevant when the cause of declarant death’s death comes into question whatever may be
the nature of proceedings irrespective of the facts whether such statement made under the
expectation of death or otherwise.
PRINCIPLES OF DYING DECLARATION:
I. There is no specified form before whom such declaration is required to be made.
II. There is no bar that it can be made before a private person.
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V. Delay.
VI. When death not due to the injuries in the same occurrence.
VII. Declarant person of unsound mind.
CASE LAWS
These are the following case laws which are related with dying declaration
Held. It was held that a dying declaration true and genuine is sufficient for conviction.
Case Laws.2001PCRLJ268
If the dying declaration does not suffer from any infirmity it is sufficient to warrant conviction for an
offence.
Where dying declaration is made by deceased was based on true facts and was supported by
unimpeachable testimony of prosecution witnesses, medical witnesses, site plan, recoveries and
ascendance of accused. Conviction and sentence of accused were upheld.
Dying declaration made soon after the incident or at a time when deceased expected death deserves great
weight and cannot be discarded merely on assumption that it was the result of consultation/deliberation.
A dying declaration which is incomplete upon its face is inadmissible in evidence because no one can tell
what the deceased might have added.
It is quite clear from the above discussion that the declaration duly proved can be basis of conviction.
This piece of evidence is made in extremity. When the party is at the point of death and when every hope
of this world is gone and the mind is adduced by the most powerful considerations to speak the truth.
However great care must be taken in to consideration while admitting it into evidence. As it is the primary
principle of law that an innocent person should not be convicted no matter if hundred criminals are
acquitted. So the rule of prudence requires corroboration of dying declaration with material evidences on
record.