Dying declarations and Article 46 in 9 cards.

The law.

Article 46(1), Qanun-e-Shahadat.

“When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.”

Qanun-e-Shahadat Order, 1984 · Article 46(1), When it relates to cause of death

Death. Cards 1 to 3.

Article 46 and 46(1).

• The makerDead, not found, unable to testify, or too costly to bring. (Art. 46)
• Cause of deathHis statement on the cause or the circumstances. (Art. 46(1))
• No expectationRelevant whether or not he expected to die. (Art. 46(1))

Business. Cards 4 to 6.

Article 46(2) to (4).

• Course of businessEntries in books, receipts, dated letters. (Art. 46(2))
• Against interestAgainst his money or property, or exposing him to a case. (Art. 46(3))
• Public rightHis opinion on a public right or custom. (Art. 46(4))

Family. Cards 7 to 9.

Article 46(5), (6) and 46-A.

• RelationshipBlood, marriage or adoption, by one with special means to know. (Art. 46(5))
• Family recordsWills, pedigrees, tombstones, family portraits. (Art. 46(6))
• ElectronicRecords of an automated system in working order. (Art. 46-A)

Quick quiz. Corroboration.

Guess first, then swipe for the answer.

• A. Yes, a rule of law
• B. No, a rule of prudence
• C. Only if signed

Answer: B. 2010 SCMR 55.

Supreme Court, Article 46(1).

• The ruleCorroboration is a requirement of prudence, not a rule of law.
• SoProved by cogent evidence, it can be the basis of a conviction.
• AlsoOnce believed, no independent corroboration is needed (2001 SCMR 1474).

How it is made.

2010 SCMR 55, Supreme Court.

• Any forumIt can be made before a private person.
• No formalityIt need not be read over to, or signed by, its maker.
• To prove itThe person who recorded it should be examined.

Handle with care.

Reported headnotes, Supreme Court.

• 2011 SCMR 646One shrouded in mystery and full of infirmities is not enough to convict.
• 2007 SCMR 1825Like an interested witness, it needs close scrutiny.

Why courts admit it.

2026 SCMR 980, Supreme Court.

• NecessityThe victim is often the only main eye-witness.
• Impending deathA sanction equal to the obligation of an oath.

Stuck on Article 46?

Ask FAI. It answers with the exact article and the judgments that explain it.

• When does a dying declaration need corroboration under Article 46 Qanun-e-Shahadat?
• Explain Article 46(2) and (3) with examples.

Example questions

Sources

• Qanun-e-Shahadat Order, 1984 · Article 46(1)
  When it relates to cause of death Pakistan Code