The Qanun-e-Shahadat Order, 1984 in Chapter 4 deals with oral evidence, which refers to statements made by witnesses in court. This chapter lays down the rule that all facts, except those excluded by law, may be proved by oral evidence. It also emphasizes that oral evidence must, in most cases, be direct, meaning it must come from a witness who personally saw or heard the fact. This ensures reliability and accountability in witness testimony.
Multiple Choice Questions (MCQs)
What is the title of Chapter 4 in the QSO?
- a) Of Witnesses
- b) Of Evidence
- c) Of Documents
- d) Of Oral Evidence
- Answer: d) Of Oral Evidence
Which chapter in the QSO deals with oral evidence?
- a) Chapter 1
- b) Chapter 2
- c) Chapter 3
- d) Chapter 4
- Answer: d) Chapter 4
In Chapter 4 of the QSO, how can facts be proved other than the contents of documents?
- a) By documentary evidence
- b) By oral evidence
- c) By expert opinion
- d) By circumstantial evidence
- Answer: b) By oral evidence
According to Chapter 4 of the QSO, what must oral evidence be in all cases?
- a) Indirect
- b) Direct
- c) Circumstantial
- d) Hearsay
- Answer: b) Direct
If oral evidence refers to a fact that could be seen, what kind of evidence is required?
- a) Evidence of a witness who says he heard it
- b) Evidence of a witness who says he perceived it
- c) Evidence of a witness who says he saw it
- d) Evidence of a person who holds that opinion
- Answer: c) Evidence of a witness who says he saw it
According to Chapter 4 of the QSO, what kind of evidence is required if a fact could be heard?
- a) Evidence of a witness who says he saw it
- b) Evidence of a witness who says he heard it
- c) Evidence of a witness who says he perceived it
- d) Evidence of a person who holds that opinion
- Answer: b) Evidence of a witness who says he heard it
If oral evidence refers to an opinion or the grounds on which that opinion is held, what kind of evidence is required?
- a) Evidence of a witness who says he saw it
- b) Evidence of a witness who says he heard it
- c) Evidence of a person who holds that opinion
- d) Evidence of a witness who says he perceived it
- Answer: c) Evidence of a person who holds that opinion
According to Chapter 4 of the QSO, how can opinions of experts expressed in treaties commonly offered for sale be proved?
- a) By oral evidence
- b) By documentary evidence
- c) By expert testimony
- d) By the production of such treaties
- Answer: d) By the production of such treaties
Under what circumstances can a party produce “shahada ala al-shahadah” in place of a witness according to Chapter 4 of the QSO?
- a) If the witness is unavailable due to travel
- b) If the witness is dead, cannot be found, or has become incapable of giving evidence
- c) If the witness refuses to testify
- d) If the witness is not credible
- Answer: b) If the witness is dead, cannot be found, or has become incapable of giving evidence
What does Chapter 4 of the QSO allow if oral evidence refers to the existence or condition of any material thing other than a document?
- a) It allows the court to require the production of such material thing for inspection
- b) It allows the court to rely solely on oral testimony without physical evidence
- c) It allows the court to dismiss the evidence as hearsay
- d) It allows the court to appoint an expert witness
- Answer: a) It allows the court to require the production of such material thing for inspection
In Chapter 4 of the QSO, how must oral evidence be presented?
- a) It must be indirect
- b) It must be hearsay
- c) It must be direct
- d) It must be circumstantial
- Answer: c) It must be direct
If oral evidence refers to a fact that could be perceived by any sense, what kind of evidence is required?
- a) Evidence of a witness who says he perceived it
- b) Evidence of a witness who says he saw it
- c) Evidence of a witness who says he heard it
- d) Evidence of a person who holds that opinion
- Answer: a) Evidence of a witness who says he perceived it
According to Chapter 4 of the QSO, what can be proved by oral evidence?
- a) All facts, including the contents of documents
- b) All facts, except the contents of documents
- c) Only facts that are written in documents
- d) Only expert opinions
- Answer: b) All facts, except the contents of documents
What does Chapter 4 of the QSO allow if a witness is unavailable or incapable of giving evidence?
- a) It allows the witness to submit a written statement instead
- b) It allows the party to appoint two witnesses to depose on his behalf
- c) It allows the court to disregard the evidence
- d) It allows the court to call the witness by force
- Answer: b) It allows the party to appoint two witnesses to depose on his behalf
According to Chapter 4 of the QSO, what must oral evidence be if it refers to a fact that could be heard?
- a) Evidence of a witness who says he saw it
- b) Evidence of a witness who says he heard it
- c) Evidence of a witness who says he perceived it
- d) Evidence of a person who holds that opinion
- Answer: b) Evidence of a witness who says he heard it
If oral evidence refers to an opinion, whose evidence must it be according to Chapter 4 of the QSO?
- a) Evidence of a witness who says he saw it
- b) Evidence of a witness who says he heard it
- c) Evidence of a person who holds that opinion
- d) Evidence of a witness who says he perceived it
- Answer: c) Evidence of a person who holds that opinion
What does Chapter 4 of the QSO allow regarding the opinions of experts expressed in treaties commonly offered for sale?
- a) It allows the opinions to be disregarded
- b) It allows the opinions to be proved by the production of such treaties
- c) It allows the opinions to be proved by oral evidence
- d) It allows the opinions to be proved by expert testimony
- Answer: b) It allows the opinions to be proved by the production of such treaties
According to Chapter 4 of the QSO, what can a party do if a witness cannot be found or has become incapable of giving evidence?
- a) The party can appoint two witnesses to depose on his behalf
- b) The party can appoint three witnesses to depose on his behalf
- c) The party can submit a written statement instead
- d) The party can request a delay in the proceedings
- Answer: a) The party can appoint two witnesses to depose on his behalf
What does Chapter 4 of the QSO allow if a witness is dead or cannot be found?
- a) It allows the evidence to be presented by someone who is not a witness
- b) It allows the evidence to be presented by someone else who is not a witness
- c) It allows the evidence to be presented by “shahada ala al-shahadah”
- d) It allows the evidence to be presented by the court
- Answer: c) It allows the evidence to be presented by “shahada ala al-shahadah”
If oral evidence refers to the existence or condition of any material thing other than a document, what can the court do according to Chapter 4 of the QSO?
- a) The court can require the production of such material thing for its inspection
- b) The court can appoint an expert witness
- c) The court can request a written report instead
- d) The court can dismiss the evidence
- Answer: a) The court can require the production of such material thing for its inspection