# Qanun-e-Shahadat in 12 flashcards. > Confessions, burden, witnesses and documents: the Articles asked again and again. - Topic: Law study - For: Law students - A 10-slide carousel: https://failegal.site/media/qanun-e-shahadat-in-12-flashcards-evidence - Published by FAI Legal on 2026-10-10 ## 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. 38** No confession made to a police officer shall be proved against the accused. (QSO 1984) - **Art. 39** Confession in police custody: not proved, unless made in the immediate presence of a Magistrate. (QSO 1984) - **Art. 40** Exception: information that distinctly leads to a fact discovered may be proved. (QSO 1984) ## The basics. Cards 4 to 6. - **Evidence** Oral (statements of witnesses) and documentary (documents produced). (Art. 2(1)(c)) - **Proved** The court believes it exists, or a prudent man would act on it as probable. (Art. 2(4)) - **Burden** Whoever 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 deals** Financial or future obligations in writing: attested by two men, or one man and two women. (Art. 17(2)(a)) - **Everything else** The court may act on one man or one woman, or other evidence. (Art. 17(2)(b)) - **Direct only** Oral 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 first** Documents must be proved by primary evidence, except where the Order allows. (Art. 75) - **Attested deed** Not used as evidence until at least two attesting witnesses are called, if alive and available. (Art. 79) - **Registered deed** No 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?** ## 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 - Qanun-e-Shahadat Order, 1984 · Article 39: Confession by accused while in custody of police not to be proved against him - Qanun-e-Shahadat Order, 1984 · Article 40: How much of information received from accused may be proved - Qanun-e-Shahadat Order, 1984 · Article 2: Interpretation - Qanun-e-Shahadat Order, 1984 · Article 117: Burden of proof - Qanun-e-Shahadat Order, 1984 · Article 17: Competence and number of witnesses - Qanun-e-Shahadat Order, 1984 · Article 71: Oral evidence must be direct - Qanun-e-Shahadat Order, 1984 · Article 75: Proof of documents by primary evidence - Qanun-e-Shahadat Order, 1984 · Article 79: Proof of execution of document required by law to be attested --- Educational legal information, not legal advice. 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