The Qanun-e-Shahadat Order, 1984 in Chapter 2 deals with the relevancy of facts, forming the core of the law of evidence. This chapter explains which facts are considered legally relevant in a court of law and can be used to support or refute claims.
It outlines key concepts such as facts forming part of the same transaction, cause and effect, motive, preparation, previous conduct, and the admissibility of confessions and admissions. The purpose is to ensure that only logically connected and legally significant facts are introduced during proceedings.
Multiple Choice Questions (MCQs)
Who are considered competent to testify according to the Qanun-e-Shahadat Order, 1984?
- A) All persons without exception
- B) Only persons above the age of 18
- C) All persons unless the Court considers them unable to understand the questions or give rational answers due to certain conditions
- D) Only persons with a valid identity document
Answer: C
Which of the following conditions can make a person incompetent to testify?
- A) Tender years
- B) Extreme old age
- C) Disease of body or mind
- D) All of the above
Answer: D
Under what condition will a person convicted of perjury or giving false evidence be competent to testify?
- A) If the person has completed their sentence
- B) If the Court is satisfied that they have repented and mended their ways
- C) If the person is under the age of 18
- D) If the person has paid a fine
Answer: B
Can a lunatic testify according to the Qanun-e-Shahadat Order, 1984?
- A) No, lunatics are always incompetent to testify
- B) Yes, unless their lunacy prevents them from understanding the questions or giving rational answers
- C) Yes, without any conditions
- D) Only if they have a medical certificate
Answer: B
Can a Judge or Magistrate be compelled to answer questions regarding their conduct in Court?
- A) Yes, always
- B) No, except upon the special order of a superior Court
- C) Yes, if they are no longer in service
- D) No, under no circumstances
Answer: B
What does the Qanun-e-Shahadat Order say about communications during marriage?
- A) They must always be disclosed in court
- B) They cannot be disclosed unless the person who made the communication consents
- C) They can be disclosed without any consent
- D) They can be disclosed in any criminal proceeding
Answer: B
Who is not permitted to give evidence derived from unpublished official records relating to affairs of State?
- A) Any public officer
- B) Any private individual
- C) Any person with special permission from the head of the department concerned
- D) Any government employee
Answer: A
Can a public officer disclose communications made to him in official confidence?
- A) Yes, at any time
- B) No, unless it is in the public interest
- C) No, if it would harm public interests
- D) Yes, if ordered by any Court
Answer: C
Can a Magistrate or Police officer be compelled to disclose the source of their information about the commission of an offence?
- A) Yes, always
- B) No, never
- C) Yes, if the case is of high importance
- D) No, according to the Qanun-e-Shahadat Order
Answer: D
Are advocates permitted to disclose communications made by their clients?
- A) No, unless with the client’s express consent
- B) Yes, without any restrictions
- C) No, unless it concerns a criminal activity
- D) Yes, if it is related to fraud
Answer: A
What protection does an advocate have regarding professional communications?
- A) They can disclose all communications after the case ends
- B) They are prohibited from disclosing any communication unless it is in furtherance of an illegal purpose
- C) They can disclose any communication if ordered by the Court
- D) They are always allowed to disclose communications
Answer: B
Does the obligation to keep professional communications confidential continue after the employment of the advocate ends?
- A) No, it ends with the employment
- B) Yes, it continues after the employment has ceased
- C) Yes, but only for a specified period
- D) No, it only applies during active cases
Answer: B
Under what condition can confidential communications with legal advisers be disclosed in Court?
- A) Always
- B) Never
- C) Only if the person offers themselves as a witness
- D) Only if it concerns a criminal case
Answer: C
Can a witness who is not a party to a suit be compelled to produce their title deeds to any property?
- A) Yes, always
- B) No, unless they have agreed in writing
- C) Yes, if the other party demands it
- D) No, never
Answer: B
Are witnesses excused from answering questions that may incriminate them?
- A) Yes, they are always excused
- B) No, they are not excused
- C) Yes, but only in criminal cases
- D) No, except if it is directly related to the case
Answer: B
Can an accomplice be a competent witness against an accused person?
- A) Yes, except in offences punishable with hadd
- B) No, never
- C) Yes, always
- D) No, except with special permission
Answer: A
How is the competence of a person to testify determined?
- A) By the Court’s discretion
- B) In accordance with the injunctions of Islam as laid down in the Holy Qur’an and Sunnah
- C) By the laws of the country where the case is heard
- D) By the age and mental capacity of the witness
Answer: B
In matters pertaining to financial or future obligations, what is the requirement for the attestation of the instrument?
- A) It must be attested by one man and one woman
- B) It must be attested by two men or one man and two women
- C) It can be attested by any two persons
- D) It requires no attestation
Answer: B
In what situations can the Court accept the testimony of one man or one woman?
- A) Only in criminal cases
- B) Only in civil cases
- C) In all matters except financial or future obligations
- D) Never, it always requires two witnesses
Answer: C
Who is competent to testify according to Section 3 of the QSO?
- A) All persons
- B) Only adults
- C) Only men
- D) Only women
- Answer: A) All persons
Section Wise Questions:
Who may testify:
Which section of the QSO discusses who may testify?
- A) Section 2
- B) Section 3
- C) Section 4
- D) Section 5
- Answer: B) Section 3
Who determines the competence of a witness according to the QSO?
- A) The jury
- B) The court
- C) The prosecution
- D) The defense attorney
- Answer: B) The court
In what scenario can a convicted perjurer testify according to the QSO?
- A) If the court is satisfied they have repented and mended their ways
- B) If they have not committed any other crime
- C) If they are pardoned by the President
- D) If they are under 18 years old
- Answer: A) If the court is satisfied they have repented and mended their ways
What is the rule regarding a lunatic’s competence to testify?
- A) Lunatics are always incompetent to testify
- B) Lunatics are competent unless their lunacy prevents understanding questions or giving rational answers
- C) Lunatics can testify only with a guardian present
- D) Lunatics can testify only if they are on medication
- Answer: B) Lunatics are competent unless their lunacy prevents understanding questions or giving rational answers
Judges and Magistrates:
Under what condition can a Judge or Magistrate be compelled to answer questions about their conduct in court?
- A) When ordered by the Supreme Court
- B) Upon the special order of a superior court
- C) During an annual review
- D) Never
- Answer: B) Upon the special order of a superior court
Which of the following cannot be compelled to answer questions about their conduct in court?
- A) Police officers
- B) Lawyers
- C) Judges and Magistrates
- D) Witnesses
- Answer: C) Judges and Magistrates
Communications during marriage:
Can a married person be compelled to disclose communications made to them during marriage?
- A) Yes, always
- B) No, never
- C) Yes, but only with consent
- D) Yes, except in suits between married persons or prosecutions for crimes committed against each other
- Answer: D) Yes, except in suits between married persons or prosecutions for crimes committed against each other
Who must consent to the disclosure of marital communications?
- A) The court
- B) The spouse who made the communication or their representative-in-interest
- C) Both spouses
- D) The jury
- Answer: B) The spouse who made the communication or their representative-in-interest
Evidence as to affairs of State:
Who can give permission to disclose unpublished official records relating to the affairs of State?
- A) Any government official
- B) The officer at the head of the department concerned
- C) The Prime Minister
- D) The President
- Answer: B) The officer at the head of the department concerned
What type of documents are included in “official records relating to the affairs of State”?
- A) Personal letters of government officials
- B) Documents concerning industrial or commercial activities carried out by the government
- C) Personal diaries of ministers
- D) Private business contracts
- Answer: B) Documents concerning industrial or commercial activities carried out by the government
Official communications:
Can a public officer disclose communications made to him in official confidence?
- A) Always
- B) Never
- C) Only when public interest would not suffer
- D) Only with the President’s permission
- Answer: C) Only when public interest would not suffer
Information as to commission of offences:
Who cannot be compelled to disclose the source of information about the commission of an offence?
- A) Judges
- B) Police officers and Magistrates
- C) Lawyers
- D) Witnesses
- Answer: B) Police officers and Magistrates
Professional communications:
When can an advocate disclose communications made to him by a client?
- A) Always
- B) With the client’s express consent
- C) When directed by the court
- D) When the advocate deems it necessary
- Answer: B) With the client’s express consent
What is an exception to the protection of professional communications from disclosure?
- A) Communications made in furtherance of any illegal purpose
- B) Communications about civil matters
- C) Communications between family members
- D) Communications about business transactions
- Answer: A) Communications made in furtherance of any illegal purpose
Privilege not waived by volunteering evidence:
Does a party to a suit waive privilege by volunteering evidence?
- A) Yes, always
- B) No, never
- C) Only if the party questions their own advocate
- D) Only if the party consents in writing
- Answer: B) No, never
Confidential communications with legal advisers:
When can confidential communications with legal advisers be disclosed?
- A) Always
- B) Never
- C) Only if the person offers themselves as a witness
- D) Only if directed by the court
- Answer: C) Only if the person offers themselves as a witness
Production of documents:
Who is not compelled to produce title deeds or documents that might incriminate them?
- A) Any witness
- B) A witness who is not a party to the suit
- C) Any party to the suit
- D) The judge
- Answer: B) A witness who is not a party to the suit
Accomplice:
In what case is an accomplice not a competent witness against an accused person?
- A) In any case
- B) In civil cases
- C) In the case of an offence punishable with hadd
- D) In financial matters
- Answer: C) In the case of an offence punishable with hadd
Competence and number of witnesses:
According to QSO, how should the competence of a person to testify be determined?
- A) By the judge’s discretion
- B) By the qualifications prescribed by the injunctions of Islam as laid down in the Holy Qur’an and Sunnah
- C) By the prosecution
- D) By the defense attorney
- Answer: B) By the qualifications prescribed by the injunctions of Islam as laid down in the Holy Qur’an and Sunnah
What is the requirement for attestation in matters pertaining to financial or future obligations?
- A) Two men
- B) One man and two women
- C) Either A or B
- D) No attestation required
- Answer: C) Either A or B