Law study · For law students
Qanun-e-Shahadat in 12 flashcards.
In short
Confessions, burden, witnesses and documents: the Articles asked again and again.
By the FAI Legal editorial desk · 10 October 2026 · 10 slides · 2 min read
Quick quiz. Confession.
Guess first, then swipe for the answer.
- A. Yes, if it is written
- B. No
- C. Yes, with two witnesses
Answer: B. No.
Cards 1 to 3: confessions.
- Art. 38No confession made to a police officer shall be proved against the accused. (QSO 1984)
- Art. 39Confession in police custody: not proved, unless made in the immediate presence of a Magistrate. (QSO 1984)
- Art. 40Exception: information that distinctly leads to a fact discovered may be proved. (QSO 1984)
The basics.
Cards 4 to 6.
- EvidenceOral (statements of witnesses) and documentary (documents produced). (Art. 2(1)(c))
- ProvedThe court believes it exists, or a prudent man would act on it as probable. (Art. 2(4))
- BurdenWhoever asks for judgment on facts he asserts must prove them. (Art. 117)
Witnesses. Cards 7 to 9.
Who, how many, and how direct.
- Written money dealsFinancial or future obligations in writing: attested by two men, or one man and two women. (Art. 17(2)(a))
- Everything elseThe court may act on one man or one woman, or other evidence. (Art. 17(2)(b))
- Direct onlyOral evidence must be direct: the witness saw it, heard it, or perceived it. (Art. 71)
Documents. Cards 10 to 12.
Paper is proved by rules.
- Primary firstDocuments must be proved by primary evidence, except where the Order allows. (Art. 75)
- Attested deedNot used as evidence until at least two attesting witnesses are called, if alive and available. (Art. 79)
- Registered deedNo attesting witness needed (not a will), unless execution is specifically denied. (Art. 79 proviso)
Myth or fact?
An easy viva question.
- Myth: Only written papers are documents.
- Fact: A map, a plan, an inscription on stone, even a caricature is a document (Art. 2(1)(b), illustrations).
Myth or fact?
When a witness cannot come.
- Myth: If a witness dies, his evidence is lost.
- Fact: A party may produce shahada ala al-shahadah: the witness appoints two witnesses to depose for him, except in Hudood (Art. 71, third proviso).
Stuck on evidence? Ask FAI.
It answers with the exact Article and the judgments that explain it.
- Explain Article 40 Qanun-e-Shahadat with case law on recoveries.
- When is a registered sale deed proved without attesting witnesses?
Example questions
What this does not mean
- Article 40 is a narrow exception. Only information that distinctly leads to a fact discovered may be proved.
- The two-witness rule in Art. 17(2)(a) is for financial or future obligations in writing. In other matters the court may act on one man or one woman, or other evidence (Art. 17(2)(b)).
- Shahada ala al-shahadah under Art. 71 is not available in Hudood cases.
Questions people ask
Is a confession made to police admissible in Pakistan?
No. A confession made to a police officer cannot be proved against the accused (Art. 38). A confession in police custody is not proved unless made in the immediate presence of a Magistrate (Art. 39).
How many witnesses are required for a written agreement in Pakistan?
For financial or future obligations in writing, attestation by two men, or one man and two women (Art. 17(2)(a)).
Who has the burden of proof under Qanun-e-Shahadat?
Whoever asks the court for judgment on facts he asserts must prove those facts (Art. 117).
Does a registered sale deed need attesting witnesses to be proved?
An attested document is not used as evidence until at least two attesting witnesses are called, if alive and available (Art. 79). For a registered deed, other than a will, no attesting witness is needed unless execution is specifically denied (Art. 79 proviso).
What happens if a witness cannot come to court?
A party may produce shahada ala al-shahadah, where the witness appoints two witnesses to depose for him, except in Hudood cases (Art. 71, third proviso).
Sources
- Qanun-e-Shahadat Order, 1984 · Article 38
Confession to police officer not to be proved Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 39
Confession by accused while in custody of police not to be proved against him Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 40
How much of information received from accused may be proved Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 2
Interpretation Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 117
Burden of proof Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 17
Competence and number of witnesses Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 71
Oral evidence must be direct Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 75
Proof of documents by primary evidence Pakistan Code - Qanun-e-Shahadat Order, 1984 · Article 79
Proof of execution of document required by law to be attested Pakistan Code
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