Qanun-e-shahadat Order 1984 In Urdu Pdf Download __HOT__
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Qanun-e-Shahadat Order 1984: A Law of Evidence in Pakistan
The Qanun-e-Shahadat Order 1984 is a law that regulates the admissibility, relevancy, weight and sufficiency of evidence in civil and criminal cases in Pakistan. It was enacted by the military government of General Zia-ul-Haq to bring the law of evidence in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah.
The Qanun-e-Shahadat Order 1984 replaced the Evidence Act 1872, which was based on the British common law system. The Qanun-e-Shahadat Order 1984 consists of two parts and eleven chapters, covering various aspects of evidence such as facts, admissions, confessions, estoppel, witnesses, documents, presumptions, exclusions and burdens of proof.
Some of the main features of the Qanun-e-Shahadat Order 1984 are:
It gives preference to oral evidence over documentary evidence, unless the document is required by law to be in writing or has been proved to be genuine.
It allows the court to take judicial notice of certain facts that are notorious, indisputable or can be verified by official records.
It recognizes the principle of free and voluntary consent for making any admission or confession.
It defines a witness as a person who gives oral or written testimony in a judicial proceeding or who makes a statement under oath or affirmation before an authorized officer.
It lays down the qualifications, disqualifications, rights and duties of witnesses.
It provides for the examination-in-chief, cross-examination and re-examination of witnesses.
It prescribes the modes of proof for various types of documents such as public documents, private documents, electronic records and certified copies.
It establishes certain presumptions in favor of certain documents or facts, such as official acts, signatures, seals and stamps.
It excludes certain types of evidence from being admissible, such as hearsay evidence, opinion evidence, character evidence and privileged communication.
It assigns the burden of proof to the party who asserts a fact or claims a right.
The Qanun-e-Shahadat Order 1984 is available online in Urdu and English languages. You can download the PDF version of the Qanun-e-Shahadat Order 1984 in Urdu from this link: https://ma-law.org.pk/pdflaw/qanun_e_shahadat_order_1984.pdf
If you want to learn more about the Qanun-e-Shahadat Order 1984 and its application in Pakistan, you can read this book: Banerjee, Ishita Shankar and Shain C. K. Khan, The Law of Evidence in Pakistan, Ahmad Publishing House, Lahore, Pakistan, 2008.
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Criticism of the Qanun-e-Shahadat Order 1984
The Qanun-e-Shahadat Order 1984 has been criticized by some scholars and activists for being inconsistent, discriminatory and inadequate in addressing the contemporary challenges of evidence law in Pakistan. Some of the main criticisms are:
It fails to incorporate the modern developments in science and technology, such as DNA testing, biometric identification, digital forensics and electronic evidence.
It does not provide clear and uniform rules for the admissibility and evaluation of expert evidence, especially in cases involving medical, scientific or technical issues.
It does not adequately protect the rights and interests of vulnerable groups, such as women, children, minorities and persons with disabilities, who may face difficulties in accessing justice or proving their claims.
It does not conform to the international standards and obligations of Pakistan under various human rights treaties and conventions, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC).
It contradicts some of the principles and values of Islam, such as justice, equality, fairness and compass
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