Oral Evidence in Pakistan

In the pursuit of justice, evidence in Pakistan plays a pivotal role. While documents and physical objects hold undeniable weight, spoken testimony, or oral evidence, remains a cornerstone of the Pakistani legal system. This article looks into the intricacies of oral evidence in Pakistan, exploring its definition, recording procedures, and effective utilization in court.

What is Oral Evidence?

Oral evidence, as defined in the Qanoon-e-Shahadat Order 1984 (QSO), refers to “statements which the court permits or requires to be made before it by a witness, in relation to the matters of fact under inquiry” (Article 70). In simpler terms, it’s the spoken testimony presented by witnesses in court regarding the facts of a case.

When Oral evidence is given indirectly (for example, a statement documented by the police in a FIR which is not directly related to the case) it would then be considered hear-say evidence. In our experience, as long as the witness can be summoned to court to make the same statement again (and be open to cross-examination by the other party), then the courts in Pakistan will consider this kind of evidence.

The Legal Framework: Qanoon-e-Shahadat Order 1984

The QSO serves as the primary legal framework governing the admissibility and presentation of evidence in Pakistan. Key articles within the QSO provide crucial guidelines for oral evidence:

Article 70: Establishes the admissibility of oral evidence for all facts except the contents of documents.
Article 71: Mandates that oral evidence must, in all cases, be direct. This means witnesses should testify based on their own firsthand observations, knowledge, handling and/or experience.
Article 74: Dictates the procedures for presenting secondary evidence, which becomes necessary when the original document is unavailable.

“Oral Evidence cannot be given preference over documentary evidence”
Citation: 2010 SCMR 473

Recording Oral Evidence

The court maintains a meticulous record of all oral evidence presented during proceedings. This record typically includes:

The name and address of the witness.
The oath or affirmation taken by the witness.
A verbatim transcript of the witness’s testimony, including questions posed by lawyers and the judge.
The signature of the witness, once the record is verified for accuracy.

“It would be wrong on the part of courts to just brush aside the oral evidence even when evidence is highly probable and the same is corroborated by unimpeachable documentary evidence”
Citation: (1972) 1 SCC 9 = AIR 1972 SC 608

Using Oral Evidence Effectively

The success of a case often hinges on the effective presentation of oral evidence. Here are some key strategies:

Witness Preparation: Thoroughly preparing witnesses allows them to confidently and accurately answer questions while remaining focused on the facts.
Direct Examination: The lawyer representing the party presenting the witness uses direct examination to elicit relevant and favorable testimony.
Cross-Examination: The opposing lawyer has the opportunity to question the witness to test the credibility and accuracy of their testimony.

“Testimony of person who was merely informed of a fact, not admissible”
Citation: (1984) 4 SCC 116

Beyond the QSO: Additional Considerations

While the QSO provides the core framework, other legal sources can influence the use of oral evidence:

The Constitution of Pakistan: Guarantees the right to a fair trial, which includes the right to present witnesses and their testimony (Article 10A).
Case Law: Judges’ interpretations and rulings in previous cases can set precedents for how oral evidence is presented and weighed in similar future cases.

Speak to us if you have any further questions

Oral evidence remains a powerful tool in Pakistan’s legal system. By understanding its legal framework, recording procedures, and effective presentation strategies, litigants can leverage the power of words to achieve justice in the courtroom.

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