The Qanun-e-Shahadat Order, 1984 in Chapter 5 explains the use and importance of documentary evidence in legal proceedings. It covers the types of documents that may be produced in court, how they should be proved, and the distinction between primary and secondary evidence. The chapter ensures that documents are genuine and relevant, providing solid support for or against claims made in court.
Multiple Choice Questions (MCQs)
What are the ways to prove the contents of documents according to Article 72?
- A. By oral testimony only
- B. By primary or secondary evidence
- C. By secondary evidence only
- D. By circumstantial evidence only
- Answer: B. By primary or secondary evidence
What does “Primary evidence” mean as defined in Article 73?
- A. A copy of the document
- B. The document itself produced for the inspection of the Court
- C. Oral testimony about the document
- D. A summary of the document
- Answer: B. The document itself produced for the inspection of the Court
Which of the following is considered primary evidence according to Explanation 1 of Article 73?
- A. A copy of the document made by mechanical process
- B. A counterpart executed by one of the parties only
- C. Each part of a document executed in several parts
- D. Oral accounts of the document’s contents
- Answer: C. Each part of a document executed in several parts
Which is NOT an example of primary evidence as per Explanation 2 of Article 73?
- A. A number of documents made by a uniform process like printing
- B. Copies of a common original
- C. A document executed in counterparts
- D. A document printed by lithography
- Answer: B. Copies of a common original
According to Article 74, which is NOT included in the definition of “Secondary evidence”?
- A. Certified copies given under the provisions of the law
- B. Copies made from the original by mechanical process
- C. Oral accounts of the contents of a document by a person who has seen it
- D. The original document itself
- Answer: D. The original document itself
What type of evidence is a photograph of an original document if the photograph has not been compared with the original, but it is proven to be of the original?
- A. Primary evidence
- B. Secondary evidence
- C. Not admissible as evidence
- D. Oral evidence
- Answer: B. Secondary evidence
In what cases can secondary evidence be given according to Article 76?
- A. When the original is in the possession of the person against whom it is sought to be proved
- B. When the original has been destroyed or lost
- C. When the original is a public document
- D. All of the above
- Answer: D. All of the above
What must be done before secondary evidence of a document can be given according to Article 77?
- A. The document must be photographed
- B. Notice to produce must be given to the party in possession of the document
- C. The document must be attested
- D. The document must be destroyed
- Answer: B. Notice to produce must be given to the party in possession of the document
Under what condition is it NOT necessary to call an attesting witness to prove the execution of a registered document according to the proviso in Article 79?
- A. If the document is a will
- B. If its execution by the person who executed it is specifically denied
- C. If the document has not been registered
- D. If the document is more than 30 years old
- Answer: B. If its execution by the person who executed it is specifically denied
When can an attested document that is required by law to be attested be proved without calling an attesting witness according to Article 83?
- A. If the document has been registered under the Registration Act, 1908
- B. If the witnesses have died
- C. If the document is not a will
- D. If the document is unattested
- Answer: D. If the document is unattested
What does the court need to do to compare a disputed signature, writing, or seal with others admitted or proved according to Article 84?
- A. The court needs to call a handwriting expert
- B. The court may direct any person present in court to write any words or figures
- C. The court may use digital software for comparison
- D. The court may refer the matter to a forensic lab
- Answer: B. The court may direct any person present in court to write any words or figures
Which of the following is considered a public document under Article 85?
- A. Private letters
- B. Documents forming part of the records of judicial proceedings
- C. Unregistered sale deeds
- D. Personal diaries
- Answer: B. Documents forming part of the records of judicial proceedings
What are certified copies of public documents according to Article 87?
- A. Copies made by a private individual
- B. Copies with a certificate from a public officer that they are true copies
- C. Copies made by any public notary
- D. Copies without any official certification
- Answer: B. Copies with a certificate from a public officer that they are true copies
Which article specifies the admissibility of certified copies of public documents as proof of their contents?
- A. Article 74
- B. Article 76
- C. Article 88
- D. Article 90
- Answer: C. Article 88
According to Article 90, what presumption is made about certified copies of documents?
- A. They need further validation in court
- B. They are presumed to be genuine
- C. They are considered secondary evidence only if the original is lost
- D. They are inadmissible unless compared with the original
- Answer: B. They are presumed to be genuine
What is the primary evidence for the contents of a document?
- A. A certified copy
- B. A mechanical copy
- C. The document itself produced for inspection
- D. An oral account of the document
- Answer: C
Which of the following does not constitute secondary evidence?
- A. Certified copies given under the provisions of law
- B. Oral accounts of the contents of a document given by a person who has seen it
- C. The document itself produced for inspection
- D. Copies made from or compared with the original
- Answer: C
In which case can secondary evidence be given of the existence, condition, or contents of a document?
- A. When the original is easily movable
- B. When the original is public document within the meaning of Article 85
- C. When the original is not available and only a certified copy is available
- D. When the original has not been destroyed or lost
- Answer: B
When is it not necessary to call an attesting witness in proof of the execution of a document?
- A. When the document is a will
- B. When the document is registered in accordance with the Registration Act, 1908, unless specifically denied
- C. When the document is an affidavit
- D. When the document is a private letter
- Answer: B
What must be proved if a document is alleged to be signed or written by a particular person?
- A. The document’s age
- B. The document’s relevance to the case
- C. The signature or handwriting of the person alleged to have signed or written it
- D. The document’s format
- Answer: C
Which of the following is not a condition for using secondary evidence?
- A. When the original document is destroyed or lost
- B. When the original document is easily movable
- C. When the original document is in the possession of a person out of reach of the court
- D. When the original document is a public document
- Answer: B
What is considered primary evidence when a document is executed in several parts?
- A. Each part of the document
- B. Copies made by mechanical process
- C. Oral accounts of the document
- D. Certified copies of the document
- Answer: A
Which statement is true regarding secondary evidence?
- A. Secondary evidence can always be used without any conditions
- B. Oral accounts of a copy compared with the original are secondary evidence
- C. Secondary evidence can be given when the original is shown to be in the possession of the adverse party who does not produce it
- D. Secondary evidence includes any document printed by a government authority
- Answer: C
In what scenario can a counterpart of a document be considered primary evidence?
- A. When it is executed by all parties involved
- B. When it is a public document
- C. When it is executed by one or some of the parties only, against those who executed it
- D. When it is a certified copy
- Answer: C
What is required to prove a document that is attested by law?
- A. Only one attesting witness is needed
- B. Two attesting witnesses must be called if alive and capable of giving evidence
- C. No attesting witnesses are required if the document is registered
- D. The document can be proven by oral accounts only
- Answer: B