The Qanun-e-Shahadat Order, 1984 lays down the conditions under which the opinions of third persons may be considered relevant in judicial proceedings. While the general rule is that evidence must be based on facts directly perceived or known by the witness, this chapter serves as an exception. It explains how expert opinions—such as those of doctors, engineers, or handwriting analysts—may be admitted when the court requires assistance in matters beyond common knowledge. This chapter emphasizes the role and limitations of expert testimony in aiding judicial decision-making.
Multiple Choice Questions (MCQs)
Which fact does not need to be proved according to Article 111?
- A. A fact mentioned in a contract
- B. A fact of which the Court will take judicial notice
- C. A fact stated in a witness testimony
- D. A fact in a private document
- Answer: B. A fact of which the Court will take judicial notice
What does Article 112(1)(a) of the QSO state that the Court shall take judicial notice of?
- A. All international laws
- B. All Pakistan laws
- C. All provincial laws
- D. All customary laws
- Answer: B. All Pakistan laws
Which of the following is included under Article 112(1)(c) that the Court must take judicial notice of?
- A. The course of proceeding of local councils
- B. The course of proceeding of the Central Legislature and any Legislature established under any law for the time being in force in Pakistan
- C. The course of proceeding of international bodies
- D. The course of proceeding of private organizations
- Answer: B. The course of proceeding of the Central Legislature and any Legislature established under any law for the time being in force in Pakistan
According to Article 112(1)(d), what must the Court take judicial notice of regarding seals?
- A. Only the seals of the Supreme Court
- B. The seals of all the Courts in Pakistan and of all Courts out of Pakistan established by the authority of the Federal Government or the Government representative, the seals of Court of Admiralty and Maritime Jurisdiction and of Notaries Public and all seals which any person is authorized to use by any Act or Regulation having the force of law in Pakistan
- C. The seals of private institutions
- D. The seals of international organizations
- Answer: B. The seals of all the Courts in Pakistan and of all Courts out of Pakistan established by the authority of the Federal Government or the Government representative, the seals of Court of Admiralty and Maritime Jurisdiction and of Notaries Public and all seals which any person is authorized to use by any Act or Regulation having the force of law in Pakistan
What does Article 112(1)(e) require the Court to take judicial notice of?
- A. The personal details of private citizens
- B. The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Pakistan, if the fact of their appointment to such office is notified in the official Gazette
- C. The appointment details of international diplomats
- D. The personal details of government officials
- Answer: B. The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Pakistan, if the fact of their appointment to such office is notified in the official Gazette
According to Article 112(1)(f), what must the Court take judicial notice of regarding foreign states?
- A. The political system of foreign states
- B. The existence, title and national flag of every State of Sovereign recognized by the Federal Government
- C. The economic policies of foreign states
- D. The cultural practices of foreign states
- Answer: B. The existence, title and national flag of every State of Sovereign recognized by the Federal Government
Which of the following is the Court required to take judicial notice of under Article 112(1)(g)?
- A. Private festivals
- B. Personal holidays
- C. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays notified in the official Gazette
- D. Cultural events
- Answer: C. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays notified in the official Gazette
Article 112(1)(h) specifies that the Court shall take judicial notice of which territories?
- A. All territories in South Asia
- B. The territories under the dominion of Pakistan
- C. The territories under the dominion of neighboring countries
- D. The territories under international jurisdiction
- Answer: B. The territories under the dominion of Pakistan
What does Article 112(1)(i) require the Court to take judicial notice of regarding hostilities?
- A. The reasons for hostilities
- B. The outcomes of hostilities
- C. The commencement, continuance and termination of hostilities between Pakistan and any other State or body of persons
- D. The economic impact of hostilities
- Answer: C. The commencement, continuance and termination of hostilities between Pakistan and any other State or body of persons
According to Article 112(1)(j), what must the Court take judicial notice of concerning court personnel?
- A. The personal lives of court personnel
- B. The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and other persons authorized by law to appear or act before it
- C. The salaries of court personnel
- D. The career histories of court personnel
- Answer: B. The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates and other persons authorized by law to appear or act before it
Under Article 112(1)(k), the Court is required to take judicial notice of what rules?
- A. Rules of international diplomacy
- B. Rules of private clubs
- C. The rule of the road on land or at sea
- D. Rules of financial transactions
- Answer: C. The rule of the road on land or at sea
Article 112(2) allows the Court to resort to which resources for aid?
- A. Personal testimonies
- B. Appropriate books or documents of reference on matters of public history, literature, science or art
- C. International treaties
- D. Private diaries
- Answer: B. Appropriate books or documents of reference on matters of public history, literature, science or art
What can the Court do under Article 112(3) if a person calls upon it to take judicial notice of any fact?
- A. The Court may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so
- B. The Court must take judicial notice without any conditions
- C. The Court can ask for witness testimony instead
- D. The Court can delay the case indefinitely
- Answer: A. The Court may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so
What does Article 113 state about facts that are admitted in any proceeding?
- A. Facts that are admitted in any proceeding need not be proved
- B. Facts that are admitted in any proceeding must still be proved
- C. Facts that are admitted in any proceeding should be partially proved
- D. Facts that are admitted in any proceeding need to be proved only if contested
- Answer: A. Facts that are admitted in any proceeding need not be proved
Under what condition can the Court require facts admitted to be proved otherwise than by admissions, according to Article 113?
- A. The Court may never require such facts to be proved otherwise
- B. The Court may in its discretion, require the facts admitted to be proved otherwise than by such admissions
- C. Only if the opposing party requests
- D. Only if there is a written request by the attorney
- Answer: B. The Court may in its discretion, require the facts admitted to be proved otherwise than by such admissions