# Dying declarations and Article 46 in 9 cards.

> Yes, in the cases listed in Article 46 of the Qanun-e-Shahadat, starting with the dying declaration in Article 46(1). Nine flashcards on the clauses and 46-A, then the Supreme Court on corroboration, form and caution.

- Topic: Law study
- For: Law students
- A 12-slide carousel: https://failegal.site/media/dying-declarations-and-article-46-in-9-cards
- Published by FAI Legal on 2026-10-23

## 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))

## Death. Cards 1 to 3.

Article 46 and 46(1).

- **The maker** Dead, not found, unable to testify, or too costly to bring. (Art. 46)
- **Cause of death** His statement on the cause or the circumstances. (Art. 46(1))
- **No expectation** Relevant whether or not he expected to die. (Art. 46(1))

## Business. Cards 4 to 6.

Article 46(2) to (4).

- **Course of business** Entries in books, receipts, dated letters. (Art. 46(2))
- **Against interest** Against his money or property, or exposing him to a case. (Art. 46(3))
- **Public right** His opinion on a public right or custom. (Art. 46(4))

## Family. Cards 7 to 9.

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

- **Relationship** Blood, marriage or adoption, by one with special means to know. (Art. 46(5))
- **Family records** Wills, pedigrees, tombstones, family portraits. (Art. 46(6))
- **Electronic** Records 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 rule** Corroboration is a requirement of prudence, not a rule of law.
- **So** Proved by cogent evidence, it can be the basis of a conviction.
- **Also** Once believed, no independent corroboration is needed (2001 SCMR 1474).

## How it is made.

2010 SCMR 55, Supreme Court.

- **Any forum** It can be made before a private person.
- **No formality** It need not be read over to, or signed by, its maker.
- **To prove it** The person who recorded it should be examined.

## Handle with care.

Reported headnotes, Supreme Court.

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

## Why courts admit it.

2026 SCMR 980, Supreme Court.

- **Necessity** The victim is often the only main eye-witness.
- **Impending death** A 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.**

## Sources

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

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