How much statement is to be proved

Article 2(c) evidence

Article 18
Art 53: What evidence to be made when statements made as part of conversation,
books, or series of letter or paper

Statement - given as evidence - forms part longer statement, convo, or isolated

document - book or series of letter or papers
Then there is the court's discretion to decide what part is relevant which is not - Court
considering how necessary it is in that particular case to the full understanding of the
nature and effect of the statement, and of the circumstances under which it was made.

Art 54 - 58: Judgements of Court when relevant

Art 54: Previous Judgment Relevant to bar a second suit or trial (Res Judicata)
The existence of a judgment, order, or decree that legally prevents a court from hearing
a case is relevant when determining if the court should take cognizance of the case.

Art 55. Relevancy of certain judgments in probate etc., jurisdiction

● When final judgment, order on decree of a competent Court in the exercise of
follow jurisdictions:
1. Probate
2. Matrimonial
3. Admirality
4. Insolvency
Confers upon - or takeaways legal character
Or declares entitlement of such character
not as against any specified person but absolutely - (judgment in rem no personam)

● Such judgment, order or decree is conclusive proof - All above will be came into
operation upon the date of such judgment order or degree
- Confers upon : came into operation at the time of such decree, order or
judgment
- takeaways legal character : ceased at the time of such decree, order or
judgment
- Or declares entitlement of such character or property : came into
operation at the time of such decree, order or judgment
Art. 56 Relevancy and effect of judgments, orders or decrees, other than those
mentioned in Article 55:
Rest decrees and orders are relevant if relevant to the public matter in enquiry but they
are not conclusive proof
Illustrations A sues B for trespass or his land, B alleges tile existence of a public right of
way over the land, which A denies. The existence of a decree in favour of the
defendant, in a suit by A against C for a trespass on the same land in which C alleged
the existence of the same right of way, is relevant, but it Is not conclusive proof that the
right of way exists.

Art. 57. Judgments, etc., other than those mentioned in Articles 54 to 56, when
relevant
Irrelevant - unless the existence of such judgment order or decree is a fact in issue or is
relevant under some other provision of this Order.

Ex; Libel Suits Against C:

● Scenario: A and B both sue C for libel. C claims the libel is true in both cases. A
wins the case against C because C failed to prove his justification.
● Explanation: The judgment in A's favor is irrelevant in B's case against C because
each case is considered separately.

(e) Theft and Prior Conviction:

● Scenario: A is charged with theft and has a previous theft conviction.

● Explanation: The previous conviction is relevant as it directly pertains to A's
character and history regarding theft.

(f) Murder and Prior Libel Case:

● Scenario: A is tried for murdering B. Previously, B had prosecuted A for libel, and
A was convicted and sentenced.
● Explanation: The prior conviction and prosecution are relevant to show A's motive
for the murder.
Art 58. Fraud or collusion in obtaining judgment, or incompetence of court may
be proved:

Any party to a suit or other proceeding may show(prove) that any judgment, order or
decree which is relevant under Articles 54, 55 or 56, and which has bean proved by the
adverse party, was delivered by a Court not competent to deliver it, or was obtained by
fraud or collusion

Art 59 - 65 OPINION OF THIRD PERSONS WHEN RELEVANT

Art 59: Opinion of Expert
When court has to form opinion on
1. foreign law,
2. science/or art
3. identity of hand-writing or
4. identity of finger impressions
Opinion of skilled person in above - relevant fact
(a) The question is, whether the death of A was caused by poison The opinion of
experts as to the symptoms produced by the poisoned which A is supposed to have
died, are relevant.
(c) The question is whether a certain document was written by A, Another document is
produced which is proved or admitted to have been written by A. The opinions of
experts on the question whether the two documents were written by the same person or
by different persons are relevant.

Art 60. Facts bearing upon opinions of experts

Facts not otherwise relevant, are relevant if they support or are inconsistent with the
opinions of experts, when such opinions are relevant.

(a) The question is, whether A was poisoned by a certain poison The fact that other
persons, who were poisoned by that poison, exhibited certain symptoms which experts
affirm or deny to be the symptoms that poison, is relevant.

Art 61. Opinion as to hand-writing when relevant:

When determining who wrote or signed a document, the court can consider the opinion
of someone acquanted with that person's handwriting as a relevant fact.

Explanation:
A person is considered familiar with another's handwriting if they have
1. seen the person write,
2. received documents from them in response to their own (exchange of
document)
3. regularly dealt with documents purportedly written by them in the course of
business.In determining whether a letter is in the handwriting of A, a merchant in
London, the opinions of B (a merchant in Peshawar who corresponded with A), C
(B's clerk who handled B's correspondence), and D (B's broker who regularly
reviewed A's letters) are relevant, even though none of them ever saw A write.

Art 62: Opinion as to existent of right or custom, when relevant:

When the Court has to form an opinion as to the existence of any general custom or
right, the opinion, as to the existence of such custom or right, of persons who would be
likely to know of its existence if it existed, are relevant.
Explanation: the expression "general custom or right" includes customs or rights
common to any considerable class of persons.
Illustrations
The right of the villagers of a particular village to use the water of a particular well is a
general right within the meaning of this Article.

Art 63. Opinion as to usages, tenets, etc., when relevant:

When the Court has to form an opinion as to—
1. the usages and tenets of any body of man or family,
2. the constitution and government of any religious or charitable foundation, or
3. the meaning of words or terms used in particular districts or by particular classes
of people,
- the opinions of persons haying special about such, are relevant facts.

Art 64. Opinion on relationship when relevant:

When the Court has to form an opinion as to the relationship of one person to another,
the opinion, expressed by conduct, as to the existence .of such relationship, of any
person who, as a member of the family or otherwise, has special means of knowledge
on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings
under the Divorce Act 1869 (IV of 1869), or in prosecutions under Section 494( Marrying
again during lifetime of husband or wife.) or 495(concealment of former marriage from
person with whom subsequent Marriage is contracted) of the Pakistan Penal Code (Act
XIV of 1860)
(a) The question is whether A and B were married. The fact they were usually received
and treated by their friends as husband and wife, it relevant.

Art 65: Grounds of opinion when relevant:

Whenever the opinion of any living person is relevant, the grounds on which such
opinion is based are also relevant.
Illustrations An expert may give an account of experiments performed by him for the
purpose of forming his opinion.

Art 66- 69 CHARACTER WHEN RELEVANT

- Deals with Character in civil and criminal case
- 66 & 68: Civil
- 67: Criminal
- 69: Defines Character

Art 66. In civil cases character to prove conduct imputed irrelevant:

In civil cases the fact that the character of any person concerned is such as to render
probable or improbable any conduct imputed to him is irrelevant, except in so far as
such character appears from facts otherwise relevant.

Chatgpt: In civil cases, a person's character is irrelevant in proving their conduct, except
when it is shown through other relevant facts or the character itself is the fact in issue.

Art 69. Character as affecting damages: (defines character)

Character Relevance: In civil cases, a person's character can impact the damages
awarded.
Character: The term "character" covers both reputation (how others view them) and
their disposition (their inherent qualities).
General Evidence: Generally, only broad evidence of reputation and disposition is
allowed.
Specific Acts: Evidence of specific acts is typically not permitted, except as noted in
Article 68.

In civil cases the fact that the character of any person is such as to affect the amount of
damages, which he ought to receive, is relevant. Explanation: In Articles 66, 67, 68 and
69, the word "character" includes both reputation and disposition; but except as
provided in Article 68(criminal), evidence may be given only of general reputation and
general disposition, and not of particular acts by which reputation or disposition were
shown.
Art 67. In criminal cases previous good character relevant:
In criminal proceedings the fact that the person accused is of a good character is
relevant.

But needs corroboration

Art 68. Previous bad character not relevant, except in reply:

In criminal proceedings, the fact that the accused person has a bad character is
irrelevant unless evidence has been given that he has a good character, in which case it
becomes relevant.
Explanation 1: This Article does not apply to cases in which the bad character of any
person is itself a fact in issue.
Explanation 2: A previous conviction is relevant as evidence of bad character.

In criminal proceedings, the fact that the accused has a bad character is generally
irrelevant. This means that you can't use someone's bad character to prove they
committed the crime. However, if the defense presents evidence that the accused has a
good character, then the prosecution is allowed to introduce evidence of bad character
to counter this claim.

Art 70 - 71 OF ORAL EVIDENCE

Art. 70. Proof of facts by oral evidence:

All facts, except the contents of documents, may be proved by oral evidence.
All fact: facts in issue, relevant facts
Document: sale deeds, will, contracts

Art 71. Oral evidence must be direct:

- Should be direct evidence
1. Fact seen directly
2. Fact heard by Witnes directly
3. Fact perceived by any other sense or in any other manner as
sensed by witness directly (lash ki smell)
4. opinion or to the grounds on which that opinion is held; the opinion
and grounds are of the witness himself
Provision:
1. The opinions of experts in commonly available treatises can be proven by
producing the treatises if the author is dead, cannot be found, is incapable
 of giving evidence, or cannot be called as a witness without unreasonable
delay or expense.
2. oral evidence refers to the existence or condition of any material thing
other than a document: the Court may, if it thinks fit, require the production
of such material thing for its inspection:
3. If witness is dead, cannot be found, is incapable of giving evidence, or
cannot be called as a witness without unreasonable delay or expense; a
party shall have the right to produce, “shahada ala al-shahadah” by which
a witness can appoint two witnesses to depose on his behalf, except in the
case of Hudood.

Art 72 - 89: OF DOCUMENTARY EVIDENCE

2 c (ii): all documents produced for the inspection of the Court; such documents
are called documentary evidence

Art 72. Proof of contents of documents:

The contents of documents may be proved either by primary or secondary evidence.

Art. 73. Primary evidence:

"Primary evidence" means the document itself produced for the inspection of the Court.
Explanation 1:
- document is executed in several parts - each part is primary evidence of the
document.
- the document is executed in counterpart: each counterpart being executed by
one or
some of the parties only, the counterpart is primary evidence as against the parties
executing it. I-e: If a document is executed in counterparts, where each counterpart is
signed by different parties, each counterpart is primary evidence against the parties
who signed it. For instance, if two parties sign separate copies of a contract, each
signed copy is primary evidence against the signatory.
Explanation 2:
number of documents are all made by one uniform process, as in
the case of printing, Lithography, or photography - each is primary evidence of the
contents
of the rest; but where they are all copies of a common original they are not primary
evidence of the contents of the original.
Printouts of the automated systems - like ATM slips / email- are primary
evidence(Section 29: Electronic Transaction Ordinance)
Case: PLD 2015 Lah 231
Admissibility of SMS as primary evidence
- It is primary only if a witness verifies the sending and reception of such
sms

Scenario:

A person possesses several placards that were all printed at the same time from one
original template.
Explanation:

Any One Placard as Primary Evidence: Any single placard is primary evidence of the
contents of any other placard in the set. This is because they were all produced by the
same printing process and thus are identical in content.
Not Primary Evidence of the Original: However, none of the placards can be considered
primary evidence of the contents of the original template from which they were printed.
This is because they are copies, not the original document itself.

Art 74. Secondary evidence:

"Secondary evidence means and includes—
(1) certified copies given under the provisions hereinafter contained ;
(2) copies made from the original by mechanical process which is themselves insure the
accuracy of the copy, and copies compared with such copies ;
(3) copies made from or compared with the original.
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a document given by some person who has himself
seen it. - Case: 1997 MLD 2376 (allowed in certain circumstances u/s 76)

- A copy transcribed from a copy, but afterwards compared with the original, is
secondary evidence; but the copy not so compared is not secondary evidence of the
original, although the copy from which it was transcribed was compared with the
original.
- (d) Neither an oral account of a copy compared with the original, nor an oral
account of a photograph or machine-copy of the original, is secondary evidence
of
the original.
Art. 75. Proof of documents by primary evidence:
Documents must be proved by primary evidence except in the cases hereinafter
mentioned.

76. Cases in which secondary evidence relating to documents may be given:

Secondary evidence may be given of the existence, condition or contents of a document

a. Possession by Adverse Party: Secondary evidence is allowed if the original is

with the person against whom it's to be proved, or someone out of the court's
reach, who does not produce it after notice (Article 77).
b. Proven by Admission: Secondary evidence is allowed if the existence, condition,
or contents of the original are admitted in writing by the person against whom it
is proved or their representative.
c. Lost or Destroyed Original: Secondary evidence is allowed if the original is
destroyed, lost, or cannot be produced for reasons not due to the offering party's
default or neglect.
d. Bulky Originals: Secondary evidence is allowed if the original is bulky, and
copies were made by microfilming or other modern devices.
e. Immovable Originals: Secondary evidence is allowed if the original is not easily
movable.
f. Public Documents: Secondary evidence is allowed if the original is a public
document as defined in Article 85.
g. Certified Copies: Secondary evidence is allowed if the original is a document for
which a certified copy is permitted by law.
h. Numerous Accounts: Secondary evidence is allowed if the originals are
numerous accounts or documents that cannot be conveniently examined in
court; the general result can be proved by a skilled examiner. - FIR: Secondary In
case (h), evidence of the general result can be given by an expert examiner.
i. Unavailable Judicial Records: Secondary evidence is allowed if the original
judicial record is unavailable and only a certified copy exists.

Art. 77. Rules as to notice to produce:

Secondary evidence of document contents can't be given unless the party has given
prior notice to the party holding the document, or their advocate, as prescribed by law or
deemed reasonable by the Court.

No Notice Required When:

 1. The document itself is a notice.
2. The adverse party must know they need to produce the document.- rent
agreement is always with the owner
3. The adverse party obtained the original by fraud or force.
4. The adverse party or their agent has the original in court.
5. The adverse party or their agent admits the document is lost.
6. The document holder is out of the court's reach.

Art 78. Proof of signature and handwriting of person alleged to have signed or
written document produced:

If a document is claimed to be signed or written by a person, the signature or

handwriting of the relevant part must be proven to be theirs.

Art 79. Proof of execution of document required by law to be attested:

If doc is to be attested by law - it shall not be used as evidence until two attesting
witnesses at least have been called for the purpose of proving its execution, if there be
two attesting witnesses alive, and subject to the process of the Court and capable of
given
Evidence.

Provided that it shall not be necessary to call an attesting witness in proof of the
execution of any document, not being a will (even if registered) which has been
registered in accordance with the provisions of the Registration Act, 1908 (XVI of 1908),
- unless its execution by the person by whom it purports to have been executed is
specifically denied.

Art.80. Proof where no attesting witness found:

If no such attesting witness can be found, it must be proved that the witnesses have
either died or cannot be found and that the document was executed by the person who
purports to have done so.

81. Admission of execution by party to attested document:

The admission of a party to an attested document of its execution by himself shall
be sufficient proof of its execution as against him, though it be a document required by
law to be attested.
82. Proof when attesting witness denies the execution:
If the attesting witness denies or does not, recollect the execution of the document, its
execution may be proved by other evidence.

83. Proof of document not required by law to be attested:

An attested document not required by law to be attested may be proved as if it was
unattested.

84. Comparison of signature, writing or seal with others admitted or proved

1. Comparison with Proven Samples: To verify a signature, writing, or seal, the court
can compare it with samples that are proven or admitted to be genuine, even if
those samples haven't been used for other purposes.
2. Court-Directed Writing: The court can ask anyone present to write words or
numbers to compare with the disputed ones.
3. Finger-Impressions: These rules also apply to comparing finger-impression

85. Public documents:

The following documents are public documents: —
1) documents forming the acts or records of the acts :
(i) of the sovereign authority ;
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, Judicial and executive of any part of Pakistan or
of a foreign country.
(2) public records kept in Pakistan of private documents.
(3) documents forming part of the records of judicial proceedings ;
(4) documents required to be maintained by a public servant under any law ; and
(5) registered documents the execution whereof is not disputed.

86. Private documents: All other documents are private.

87. Certified copies of public documents: Every public officer who holds a public
document must provide a copy upon request and payment of the required fees. The
copy must include a certificate stating it is a true copy, dated, signed, and, if applicable,
sealed by the officer. These are called certified copies.
Explanation: An officer authorized to provide such copies in their official duty is
considered to have custody of the documents.

88. Proof of documents by production of certified Copies:

Certified copies of public documents can be used as evidence to prove the contents of
the original public documents.

89. Proof of other public documents:

Public documents can be proven in the following ways:

1. Government Acts, Orders, Notifications:

● By records of the relevant departments, certified by the department heads,
or by documents printed by government order.
2. Legislature Proceedings:
● By the official journals of the legislative bodies, published acts, abstracts,
or copies printed by government order.
3. Foreign Government Acts and Legislature Proceedings:
● By journals published by their authority, commonly accepted in that
country, certified copies under the country's seal, or recognized by a
federal act.
4. Municipal Proceedings in Pakistan:
● By certified copies from the legal keeper or printed books published by the
authority of the municipal body.
5. Public Documents from Foreign Countries:
● By the original document or a certified copy with a notary public's seal, or
a certificate from a Pakistan Consul or diplomatic agent, verifying the copy
is certified by the legal custodian. Proof of the document's authenticity
according to the foreign country's law is also required.

Art 90 -101 PRESUMPTION AS TO DOCUMENTS

90. Presumption as to the genuineness of certified copies:
(1) The Court shall presume that any document claimed to be a certificate or certified
copy and declared by law to be admissible as evidence is genuine if it is be properly
certified by a Federal or Provincial Government officer and follows the legal form and
execution requirements.
(2) The Court shall presume that any officer who signs or certifies a document held the
official position they claim in the document.

91. Presumption as to documents produced as record of evidence:

When a document is presented in court as a record of evidence, a witness statement, or
a confession signed by a judge, magistrate, or authorized officer, the court will presume:

1. The document is genuine.

2. The statements about how it was taken are true.
3. The evidence, statement, or confession was properly taken.

92. Presumption as to genuineness of documents kept under any law:

The Court will presume that any document, required by law to be kept, is genuine if it is
kept in the legally required form and comes from proper custody.

93. Presumption as to maps or plans made by the authority of Government:

The Court will presume that maps or plans made by the authority of the Federal or
Provincial Government are accurate. However, maps or plans made for a specific cause
must be proven to be accurate.

94. Presumption as to collections of laws and reports of decision:

The Court will presume the genuineness of any book that claims to be printed or
published under a government's authority and contains the country's laws or court
decisions. - both Pakistan or any country

95. Presumption as to powers-of-attorney: The Court will presume that any

document appearing to be a power-of-attorney, executed and authenticated by a notary
public, court, judge, magistrate, Pakistan Consul, Vice-Consul, or Federal Government
representative, is genuine and properly authenticated.
May presume: not compulsory

96. Presumption as to certified copies of foreign judicial records: May presume:

not compulsory

1. The Court may presume that a document claimed to be a certified copy of a judicial
record from another country is genuine and accurate if it is certified in a manner
recognized by a representative of the Federal Government for that country.
2. A political agent, as defined in the General Clauses Act, 1897, is considered a
representative of the Federal Government for this purpose.

97. Presumption as to books, maps and charts: May presume: not compulsory
The Court may presume that any book, map, or chart used for public or general interest
was written and published by the person, and at the time and place, it claims.

98. Presumption as to telegraphic messages: May presume: not compulsory

The Court may presume that a message received from a telegraph office matches the
one sent from the originating office. However, the Court will not presume who sent the
message.

99. Presumption as to due execution, etc., of document not produced:

The Court will(compulsory) presume that any document requested but not produced

after a notice(u/s 77) to produce was properly attested, stamped, and executed

according to the law.

Article 100: Presumption as to Documents Thirty Years Old (not compulsory)

● If a document is at least 30 years old and comes from proper custody, the Court

may presume:

● The signatures and handwriting are genuine.

● The document was properly executed and attested by the persons it

claims.
Explanation: Proper Custody

● Proper custody means the document is with the person or in the place it would

normally be found.

● Custody is still considered proper if it has a legitimate origin or circumstances

suggest a legitimate origin.

Illustrations:

● (a) A long-term landowner produces land deeds. Custody is proper.

● (b) A mortgagee produces land deeds while the mortgagor possesses the land.

Custody is proper.

● (c) A person related to B produces land deeds deposited by B for safekeeping.

Custody is proper.

Article 101: Certified Copies of Documents Thirty Years Old (compulsory - shall

presume)

● The same rules for original documents in Article 100 apply to certified copies

that are at least 30 years old.

● Certified copies can be used to prove the contents of the original document.