The document discusses key concepts around the law of evidence in Pakistan. It defines evidence as statements made by witnesses in court or documents produced that relate to facts under inquiry. Evidence includes anything that can be seen, heard or perceived through the senses. Hearsay evidence is generally not admissible, but there are exceptions for situations where witnesses cannot be produced, such as dying declarations. Dying declarations must meet certain conditions, such as the declarant believing they are dying with no hope of recovery. The recording of witness testimony in court follows three stages: examination-in-chief by the prosecution, cross-examination by the defense, and re-examination by the prosecution. Guiding principles are provided for giving effective testimony in court.

3. EVIDENCE ACT
Law of
evidence lay
rules for the
production of
evidence in the
court of law

4. All STATEMENTS which the court permits or
requires to be made by witness and
All DOCUMENTS produced for the inspection
of the court in relation to matter of fact
under inquiry
(QANOON-E-SHAHADAT sec 2, sub. Sec c)

5. EVIDENCE
Fact in an issue
that include anything, state
of thing or relation of things
capable of being seen, heard
or perceived through senses
(QANOON-E-SHAHADAT sec 2, sub. Sec d)

6. DEFINITION
Fact in an issue that is presented in the Court
of law to prove or rebut allegation
The purpose is to lay before the court all that the witness know without
omitting any vital portion for any reason
A simple description of truth so transparently honest in its description
that its integrity is beyond doubt.
Clear, concise (talk sense), factual & relevant
Given in person, orally and on oath in the presence of accused with an
opportunity of cross examination

7.  Hear-say evidence is not admissible “PROVISO”
1. When it is impossible to produce the witness
2. When the evidence is non-controversial
To cater for these situations, law
has provided certain exceptions
i.e. Dying Declaration, Written
documents,

8. DYING DECLARATION
Grounds for admissibility
1. Injured person (principal witness) is dead
2. It is presumed that impending death impels the injured person
to speak truth
Written or verbal statement of a
person whose death is imminent
regarding the circumstances related
to his condition
Formalities of Oath and Cross Examination are excused

9. Cont:-
 Must be a criminal case of homicide
 Death be the subject of charge and circumstances of death be the
subject of declaration
 Words used must be of the deceased and if questions are asked
they should be recorded with answers
 Declarant must actually believe that he is dying with no hope
of recovery whatsoever
 It should be read over to him and if possible signed
 Advisable to be recorded in the presence of two respectable
witnesses and sent immediately to illaqa magistrate under seal
cover
Conditions necessary for acceptance

10. DYING DEPOSITION
Statement of a dying / seriously ill
person on oath in the presence of
accused with an opportunity to cross
examination

11. TYPE OF EVIDENCE
 Direct Facts (eye witness)
 Indirect Related facts (circumstantial)
 Oral
 Documentary
 Primary (original)
 Secondary (photocopy)
Medical evidence
 Direct where facts are observed
 Indirect where inferences are drawn

12. Circumstantial evidence:- A fact from which
some other fact is inferred.
Inceptive evidence:- Evidence on which the
investigation is based.
Corroborative evidence:- Comes after a
successful investigation.

13. WITNESS
 Common: Who testify only observed facts
 Expert: Who is trained to draw conclusion
/ Inferences from the observed facts
RECORDING OF EVIDENCE (Testimony)
RECORDED ON OATH IN THREE STAGES
 Examination in chief
 Cross examination
 Re-examination

14. Examination in chief
 First examination of the witness conducted by
the prosecution
 The idea is to elicit facts
 Deposed facts must be with in his memory and
recollection
 No one except the expert
witness is allowed to refer to
his written notes
 Leading questions are not
allowed

15. Cross - Examination
 Conducted by the defense
 The objective is to establish credibility of the
witness, accurance of facts and to bring out
willful omissions, which are made in
examination in chief
 Leading questions are allowed
 No time limit

16. Re - Examination
 By the council who did examination in chief
 The idea is to provide an opportunity
to rectify discrepancies that may have
occurred due to cross-examination
Court / Judge can ask questions at any stage

17.  Exhibit gestures of complete impartiality
 Good pretrial preparations
 The mechanisms of testifying
 Always address the court
 Speak slowly, loudly, clearly in non technical language exhibiting
verbal simplicity
 Should not evade questions, accept if do not know the answer
 Volunteer no information (no lecture)
 Answer responsively (nothing more nothing less)
 Do not become emotional even on personal remarks/question
 If a book or reference is presented – go through the contents, edition
etc. before offering comments
 Finally seek permission and settle fee issues before leaving the court
GUIDING PRINCIPLES FOR GIVING
TESTIMONY IN A COURT OF LAW