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1. When was the Qanun-e-Shahadat Order enacted?

 Answer: It was enacted on October 20, 1884.

2. Are the rules of evidence the same in civil and criminal proceedings?

 Answer: Yes, mostly, except for some exceptions. The Qanun-e-Shahadat applies to all
judicial proceedings but not to non-judicial ones. While the rules of evidence are
generally the same in civil and criminal cases, there are exceptions. For example, certain
rules like estoppels and admission apply only to civil cases. Others, like provisions
relating to confession, apply specifically to criminal cases.

3. What is evidence?

 Answer: Evidence means something that shows or proves the truth of a fact or
statement.

4. Explain different types of evidence.

 Answer: Evidence can be direct (when a witness directly observes a fact) or


indirect/circumstantial (when it indirectly supports a fact). It can be personal (given by a
human witness) or documentary (presented through documents). There's also oral
evidence (spoken testimony) and documentary evidence (information from documents).
(Article 3, Article 73, Article 74)

5. Who can testify as a witness?

 Answer: Anyone can testify unless the court finds that they are unable to understand
the questions or give rational answers due to factors like age, mental capacity, or other
reasons. (Article 3)

6. What is the difference between competency and compellability to testify?

 Answer: Competency means a person is legally allowed to testify, while compellability


means they can be forced to testify. Some people, like judges or magistrates, can't be
compelled to testify due to privilege, even though they're competent. (Article 3, Article
117)

7. What are witness privileges and privileged communications?

 Answer: Witness privileges are rights that allow a witness to withhold certain
information. Privileged communications are confidential communications that can't be
disclosed in court, like those between spouses or with lawyers. (Article 4 to 9)

8. What are the duties of a witness summoned to produce documents?

 Answer: If a witness is summoned to produce a document, they must bring it to court


and any objections to its production or admissibility will be decided by the court. (Article
158)

9. Who is considered an accomplice, and are they competent as witnesses?


 Answer: An accomplice is someone who assists in a crime. They are competent
witnesses, and a conviction can be based on their testimony alone, though
corroboration is usually required. (Article 3)

10. Explain what an identification parade is and its value.

 Answer: An identification parade is when a witness identifies a suspect from a group of


people. However, this identification alone doesn't prove the suspect's guilt; it only
shows that the witness knows the suspect. (Article 70, Article 71)

11. Define "res gestae."

 Answer: Res gestae refers to circumstances that are automatic incidents of a particular
act and are admissible as evidence to illustrate that act.

12. Under what circumstances do irrelevant facts become relevant?

 Answer: Irrelevant facts become relevant if they are inconsistent with any relevant fact,
or if they make the existence of a relevant fact highly probable or improbable. (Article 6,
Article 22)

13. When can evidence be presented beyond the matters in issue?

 Answer: Evidence can be presented beyond matters in issue in certain circumstances,


such as when it's part of the same transaction, or when it explains relevant facts. (Article
19 to 24)

14. What is an admission, and who can make it?

 Answer: An admission is a statement that acknowledges a fact, and it can be made by


parties to a proceeding or by persons whose position must be proved against a party to
the suit. (Article 30 to 33)

15. What is a confession?

 Answer: A confession is a statement made by an accused person admitting guilt, either


recorded by a magistrate or made outside of court. (Article 37 to 43)

16. What is a retracted confession?

 Answer: A retracted confession is when an accused person withdraws or takes back


their earlier confession.

17. What is a dying declaration?

 Answer: A dying declaration is a statement made by a person about the cause and
circumstances of their death, often made when they believe they are about to die.
(Article 46)

18. What are judgment in rem and judgment in personam?


 Answer: Judgment in rem is a judgment that binds everyone, not just parties to the suit,
while judgment in personam is a judgment between the parties involved in the case.
(Article 55)

19. Who is an expert, and when are opinions of third persons relevant?

 Answer: An expert is someone skilled in a particular field, and their opinions are
relevant when the court needs expertise on specific matters, like foreign law or scientific
questions. (Article 59, Article 62 to 64)

20. Define documents, and explain the methods of proving them.

 Answer: Documents are written records, and they can be proved by producing the
original document itself or by presenting secondary evidence if the original isn't
available. (Article 73, Article 74)

21. What are public and private documents?

 Answer: Public documents are those maintained by government or official bodies, while
private documents are those not declared as public documents.

22. What is estoppel, and what are its kinds?

 Answer: Estoppel is a legal principle that prevents a party from asserting something
contrary to what is implied by a previous action or statement. There are different kinds
of estoppel, including estoppel by deed, estoppel by conduct, and estoppel by
judgment.

23. What is the burden of proof?

 Answer: The burden of proof is the responsibility or duty to prove a fact or allegation in
a legal proceeding. (Article 117)

24. What are examination in chief, cross-examination, and re-examination?

 Answer: Examination in chief is when a witness is questioned by the party who called
them, cross-examination is when the opposing party questions the witness, and re-
examination is when the original party questions the witness again after cross-
examination. (Article 132)

25. Define leading questions and explain when they can be asked.

 Answer: Leading questions suggest the answer desired by the person asking the
question. They can be asked during cross-examination to test accuracy or credibility, or
with the court's permission in certain other circumstances. (Article 136 to 138)

26. Who is a hostile witness?

 Answer: A hostile witness is one who, from their demeanor, shows a reluctance to tell
the truth or is openly antagonistic towards the party examining them. (Article 150)

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