Assignment on Chapter V: Documentary Evidence (QSO, 1984)
Introduction
The Qanun-e-Shahadat Order, 1984, governs the rules of evidence in Pakistan. Chapter V of
this order focuses on Documentary Evidence, detailing the provisions for the admissibility,
proof, and presumptions related to various types of documents. This assignment explores
sections 52 to 89, providing an in-depth understanding of their contents, applications, and
significance in legal proceedings.
Sections 52-59: General Provisions Regarding Documentary Evidence
These sections lay down the fundamental rules for proving documents in court. They
differentiate between primary and secondary evidence and specify circumstances where
each can be used.
1. Section 52: Proof of Contents of Documents
- States that the contents of documents must be proved by primary or secondary evidence.
2. Section 53: Primary Evidence
- Defines primary evidence as the document itself presented to the court.
3. Section 54: Secondary Evidence
- Refers to copies or substitutes of the original document, admissible under specific
circumstances.
4. Section 55: Proof of Documents by Primary Evidence
- Stipulates that primary evidence is mandatory unless secondary evidence is permitted.
5. Section 56: Cases Allowing Secondary Evidence
- Lists scenarios where secondary evidence is admissible, such as when the original
document is lost.
6. Section 57: Proof of Signature and Handwriting
- Requires evidence to verify the signature or handwriting of the person alleged to have
executed the document.
7. Section 58: Proof of Execution of Attested Documents
- Mandates the testimony of at least one attesting witness for documents requiring
attestation.
8. Section 59: Proof When No Attesting Witness Is Found
- Outlines the method to prove documents when attesting witnesses are unavailable.
Sections 60-67: Public and Private Documents
This part distinguishes between public and private documents and sets rules for proving
them.
1. Section 60: Public Documents
- Identifies government records, judicial documents, and other official records as public
documents.
2. Section 61: Private Documents
- Covers all documents that are not categorized as public documents.
3. Section 62: Certified Copies of Public Documents
- Establishes that certified copies of public documents are admissible in evidence.
4. Section 63: Proof of Official Documents
- Provides rules for proving official documents from foreign countries and government
agencies.
Sections 68-89: Presumptions as to Documents
These sections deal with presumptions regarding the authenticity of documents under
specific conditions.
1. Section 68: Presumption of Genuineness of Certified Copies
- States that certified copies of public documents are presumed genuine unless proven
otherwise.
2. Section 70: Presumption as to Official Gazettes and Other Documents
- Establishes a presumption of authenticity for official gazettes, newspapers, and
government publications.
3. Section 80: Presumption as to Documents Thirty Years Old
- Allows a presumption of authenticity for documents aged thirty years or more.
Conclusion
Chapter V of the Qanun-e-Shahadat Order, 1984, provides a comprehensive framework for
the admissibility and proof of documentary evidence. By defining rules for primary and
secondary evidence and laying down presumptions for specific documents, these provisions
ensure a structured and reliable approach to handling documentary evidence in courts.
Understanding these sections is crucial for legal practitioners and students alike.
