Proving Facts in Judicial Proceedings: Meanings and Mechanism of Proof in Qanoon E Shahadat

Abstract

The law of evidence is concerned with the relevancy and admissibility of evidence and the process of proof. It is generally thought that "evidence" is the only means of proof in Qanoon e Shadat, Order 1984 (from now on QSO). The objectives of the present study were to explore the meaning and means of proof in QSO. After deploying doctrinal research methodology and analyzing numerous judicial decisions and statutory provisions, the current research found two meanings of proof in QSO. Moreover, the study found that disputed facts in judicial proceedings may be proved with evidence, presumptions, judicial notice, judges' personal knowledge, demeanour and formal admission. The study also found that some means of proof involve the use of evidence, whereas, some means of proof do not involve the use of evidence. Similarly, the study also found that evidence is the major means of proof which can be used to prove any fact. On the other hand, other means of proof are meant to establish the existence or non-existence of specific facts and under particular circumstances. It is hoped that the present study will clarify the meaning and mechanism of proof scattered in various statutory provisions of QSO. Keywords: Judicial Proof, Means of Proof, Presumptions, Judicial Notice, Formal Admissions