In what kind of proceedings does the Qanun-e-Shahadat Order 1984 apply and to what proceedings it does not apply?

(3) It shall come into force a once. Provisions of Qanun-e-Shahadat apply to proceedings before any Court, Court martial, a Tribunal or other authority exercising judicial or quasi-judicial powers. Qanun-e-Shahadat, however, does not apply to proceedings before an arbitrator.

Who is competent witness according to qanoon e Shahadat 1984?

Meaning: A witness is said to be competent if there is nothing in law to prevent him from being sworn in & examined if he wishes to give evidence. Relevant provision: Article 3 & 17 of Qanun-e-Shahadat 1984.

What is evidence in Qanoon e Shahadat?

“Evidence means testimony whether, documentary, oral or real, which may be legally received in order to prove or disprove a fact in a dispute.”

What is estoppel in Qanoon e Shahadat?

An estopple is a rule of evidence which precludes a party from denying the truth of certain facts. Doctrine of estoppel is an equitable doctrine, a rule of exclusion which implies that if a person had by act or omission attested the position, he would be estopped and be precluded from denying it.

What is oral evidence?

Oral evidence is the evidence given by witnesses who are called in the court in regards to the trial orally. Documentary evidence, on the other hand, is the evidence which is submitted in the court in written form including documents, papers etc.

Why is evidence important in law?

In the pursuit of a criminal case, evidence is the foundation upon which both sides build their respective arguments. During the investigation into a crime, great care must be taken to collect, preserve, and record evidence that could be critical in establishing the facts surrounding a criminal case.

Who is competent to testify?

—All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Can a child be a competent witness?

As per Section 118 of the Indian Evidence Act[ii], all persons, including a child or an aged except a tender year, extreme old age, disease-whether of body or mind- or any other similar cause, are competent to be considered as a witness in the court of law if they are able to understand the questions put to them, or …

Are dying declarations admissible in Court?

A dying declaration is a type of hearsay. However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule.

Who is competent witness?

A magistrate or a judge is a competent witness and they can testify if they want to but they are not compelled to answer any question regarding their conduct in the Court.

Is dying declaration admissible?

A dying declaration is relevant evidence as declared by Section 32 of the Indian Evidence Act, 1872. Dying declaration is admissible not only in the case of homicide but also in civil suits. If the Court is satisfied that the dying declaration is true and voluntary, it can base conviction on it without corroboration.