Preliminary & Statutory Definitions
1. Dates, Numbers & Origins
- Enactment Date: 28th October, 1984
- Total Articles: 166 Articles
- Article 2 Deals With: Definitions / Interpretation clauses
- Repealed Law: The Evidence Act, 1872
- Primary Objective: Conformity with the injunctions of the Holy Quran and Sunnah
- Nature of Law: Procedural law
2. Scope & Application (Where it applies vs. Exclusions)
- Applies to: Whole of Pakistan; all judicial/quasi-judicial proceedings, Courts-martial, Tribunals, and Services Tribunals.
- Does NOT apply to: Proceedings before an Arbitrator.
- Definition of "Court": Includes Judges, Magistrates, and evidence-takers, but excludes Arbitrators.
3. Key Statutory Definitions (Article 2)
- Fact [Article 2(1)(d)]: Anything perceived by the senses, OR any mental condition of which a person is conscious (e.g., holding an opinion, having good faith/fraudulent intention, or experiencing a sensation).
- Document [Article 2(1)(b)]: Any matter expressed/described on any substance via letters, figures, or marks (e.g., words printed, lithographed, or photographed).
- Evidence [Article 2(1)(c)]: Divided into two categories:
- Relevant [Article 2(2)]: One fact is relevant to another when they are connected under the relevancy provisions of the Order.
4. Presumptions, Proof & Competency
- Standard of Proof: Judged by how a prudent man would act under the circumstances.
- Not Proved [Article 2(6)]: A fact that is neither proved nor disproved.
- Conclusive Proof [Article 2(9)]: When one fact is proved, the court shall not allow evidence to be given to disprove the other.
- Competency of Witness: The Court alone is bound to determine whether a witness is competent.