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Qanun-e-Shahadat Order 1984 (Law) Solved Questions & Notes (2026) - Apex Rankers

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Qanun-e-Shahadat Order 1984

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Q. 1 Law
Difficulty: Easy (1 Mark)
The Qanun-e-Shahadat Order 1984 was promulgated on 28th October 1984 to replace which colonial statute?
A
The Evidence Act 1872
✓ Correct
B
The Criminal Procedure Code 1861
C
The Indian Penal Code 1860
D
The Civil Court Ordinance 1887
💡 Step-by-Step Explanation & Concept Rationale
The Qanun-e-Shahadat Order 1984 (President's Order No. 10 of 1984) repealed and replaced the Evidence Act of 1872 to bring the law of evidence in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah.
Q. 2 Law
Difficulty: Medium (1 Mark)
Under Article 3 of the Qanun-e-Shahadat Order 1984, who is competent to testify?
A
All persons who understand the questions put to them and can give rational answers, unless prevented by tender years, extreme old age, or disease of body or mind
✓ Correct
B
Only male citizens above the age of 21 years
C
Only persons holding valid academic degrees
D
Only individuals who have never been accused of any civil or criminal offence
💡 Step-by-Step Explanation & Concept Rationale
Article 3 QSO establishes that 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 by reason of tender years, extreme old age, disease, or any other cause of the same kind, provided that in Hudood cases the competency shall be determined in accordance with the qualifications prescribed by the Injunctions of Islam (Tazkiya-al-Shahood).
Q. 3 Law
Difficulty: Medium (1 Mark)
Under Article 3 of the QSO, a person who has been convicted by a court for perjury (giving false evidence) is:
A
Competent to testify if the court is satisfied that he has repented and mended his ways
✓ Correct
B
Permanently disqualified from ever testifying in any court under any circumstance
C
Competent to testify only in civil matters
D
Competent only if permitted by the provincial government
💡 Step-by-Step Explanation & Concept Rationale
The second proviso to Article 3 QSO states that a person who has been convicted by a court for perjury or giving false evidence shall not be competent to testify, provided that this shall not apply to a person who has repented and mended his ways.
Q. 4 Law
Difficulty: Medium (1 Mark)
Under Article 4 of the QSO, can a Judge or Magistrate be compelled to answer any questions as to his own conduct in court as such Judge or Magistrate?
A
No, except upon the special order of some Court to which he is subordinate
✓ Correct
B
Yes, on simple summons by the police
C
Yes, during routine cross-examination by any advocate
D
Only if requested by the complainant in writing
💡 Step-by-Step Explanation & Concept Rationale
Article 4 QSO grants judicial privilege: No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court, but he may be examined as to other matters which occurred in his presence while he was so acting.
Q. 5 Law
Difficulty: Easy (1 Mark)
Article 5 of the QSO protects communications during marriage. A husband or wife:
A
Shall not be permitted to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married, without consent of that person
✓ Correct
B
Can freely disclose all private pillow-talk without consent
C
Can be compelled to testify against their spouse in tax disputes
D
Loses all privilege upon filing for divorce
💡 Step-by-Step Explanation & Concept Rationale
Article 5 QSO protects marital privilege: No person who is or has been married shall be compelled to disclose, or permitted to disclose without the spouse's consent, any communication made during marriage, except in suits between married persons or criminal proceedings for offences against each other.
Q. 6 Law
Difficulty: Medium (1 Mark)
Under Article 9 of the QSO, professional communication between an advocate and his client is privileged and cannot be disclosed unless:
A
Made in furtherance of any illegal purpose, or if the advocate observes any crime or fraud committed since the commencement of his employment
✓ Correct
B
The fee of the advocate is unpaid
C
The client is acquitted
D
Requested by an investigating police officer
💡 Step-by-Step Explanation & Concept Rationale
Article 9 QSO confers legal professional privilege, but expressly excepts: (1) Any communication made in furtherance of any illegal purpose, and (2) Any fact showing that any crime or fraud has been committed since the commencement of the employment.
Q. 7 Law
Difficulty: Hard (1 Mark)
Under Article 16 of the QSO, an 'Accomplice' is:
A
A competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice (except in Hudood offences)
✓ Correct
B
Completely incompetent to testify under all laws
C
Treated as the primary accused and cannot be called as a witness
D
Exempt from oath
💡 Step-by-Step Explanation & Concept Rationale
Article 16 QSO provides that an accomplice shall be a competent witness against an accused person except in offences punishable with Hadood. Note that under Article 129 illustration (b), the court may presume that an accomplice is unworthy of credit unless corroborated in material particulars.
Q. 8 Law
Difficulty: Easy (1 Mark)
Article 17 of the QSO specifies the competence and number of witnesses. In financial or future obligation matters, the required attestation is:
A
Two men, or one man and two women, so that if one woman forgets, the other may remind her
✓ Correct
B
Four women only
C
One male witness regardless of qualification
D
Three adult persons of either gender
💡 Step-by-Step Explanation & Concept Rationale
Article 17(1)(a) QSO, in accordance with Surah Al-Baqarah (verse 282), mandates that in matters pertaining to financial or future obligations, the instrument shall be attested by two men, or one man and two women.
Q. 9 Law
Difficulty: Easy (1 Mark)
Under Article 30 of the QSO, an 'Admission' is defined as:
A
A statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact
✓ Correct
B
A statement confessing guilt before a police officer
C
A pleading signed by an advocate in a criminal revision
D
A dying declaration recorded by a medical officer
💡 Step-by-Step Explanation & Concept Rationale
Article 30 QSO defines an admission as a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances mentioned in the Order.
Q. 10 Law
Difficulty: Medium (1 Mark)
What is the general rule regarding admissions under Article 34 of the QSO?
A
Admissions are relevant and may be proved as against the person who makes them, but cannot be proved by or on behalf of the person who made them (subject to exceptions)
✓ Correct
B
Admissions can always be proved by the maker in his own favour
C
Admissions can only be proved against minors
D
Admissions are irrelevant in civil suits
💡 Step-by-Step Explanation & Concept Rationale
Article 34 QSO establishes that admissions are relevant and may be proved as against the person who makes them, but cannot be proved by or on behalf of the person who makes them, except under specific circumstances (e.g. state of body/mind, or if maker were dead).
Q. 11 Law
Difficulty: Easy (1 Mark)
Under Article 37 of the QSO, a confession made by an accused person to a police officer:
A
Shall NOT be proved as against a person accused of any offence
✓ Correct
B
Is substantive evidence carrying the highest evidentiary weight
C
Is admissible if signed by two witnesses
D
Is admissible if recorded on video
💡 Step-by-Step Explanation & Concept Rationale
Article 37 QSO lays down the strict exclusionary rule: 'No confession made to a police officer shall be proved as against a person accused of any offence.'
Q. 12 Law
Difficulty: Easy (1 Mark)
Under Article 38 of the QSO, a confession made by any person whilst in the custody of a police officer is inadmissible unless:
A
It is made in the immediate presence of a Magistrate
✓ Correct
B
The accused is represented by a senior advocate
C
It relates to a civil property dispute
D
The police station SHO certifies it
💡 Step-by-Step Explanation & Concept Rationale
Article 38 QSO provides that no confession made by any person while he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
Q. 13 Law
Difficulty: Hard (1 Mark)
Article 40 of the QSO is a vital exception to Articles 37 and 38. It allows proof of information received from an accused in police custody:
A
So much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered
✓ Correct
B
The entire narrative confession verbatim
C
Past criminal records of the accused's relatives
D
Hearsay rumors from local villagers
💡 Step-by-Step Explanation & Concept Rationale
Article 40 QSO (doctrine of confirmation by subsequent recovery) provides that when any fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
Q. 14 Law
Difficulty: Easy (1 Mark)
Under Article 46(1) of the QSO, a statement made by a person as to the cause of his death or circumstances resulting in his death (Dying Declaration) is admissible when:
A
The person making the statement is dead, and the cause of that person's death comes into question
✓ Correct
B
The person survived and is present in court
C
The person refused to swear on oath
D
The statement was notarized in a foreign country
💡 Step-by-Step Explanation & Concept Rationale
Article 46(1) QSO renders dying declarations relevant: Statements, written or verbal, of relevant facts made by a person who is dead, when the statement is made as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death.
Q. 15 Law
Difficulty: Easy (1 Mark)
Under Article 73 of the QSO, 'Primary Evidence' means:
A
The document itself produced for the inspection of the Court
✓ Correct
B
Certified copies of the document
C
Photocopies authenticated by a gazetted officer
D
Oral accounts of the contents of a document
💡 Step-by-Step Explanation & Concept Rationale
Article 73 QSO defines Primary Evidence as the document itself produced for the inspection of the Court.
Q. 16 Law
Difficulty: Medium (1 Mark)
Under Article 74 of the QSO, 'Secondary Evidence' includes:
A
Certified copies, copies made from original by mechanical processes, counterparts of documents, and oral accounts of contents given by someone who has seen it
✓ Correct
B
Only original hand-written deeds
C
Only documents executed outside Pakistan
D
Unsigned draft notes
💡 Step-by-Step Explanation & Concept Rationale
Article 74 QSO defines secondary evidence to include certified copies, copies made from the original by mechanical processes ensuring accuracy, counterparts as against parties who did not execute them, and oral accounts by persons who have seen the original.
Q. 17 Law
Difficulty: Medium (1 Mark)
Under Article 76 of the QSO, secondary evidence may be given of the existence, condition, or contents of a document when:
A
The original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or has been lost or destroyed
✓ Correct
B
The original is kept in the party's own safe at home
C
The advocate forgets to bring the original file
D
The court fees have not been paid
💡 Step-by-Step Explanation & Concept Rationale
Article 76 QSO specifies seven distinct situations where secondary evidence is admissible, prominently including when the original is in the possession of the adverse party, or has been lost or destroyed, or is a public document.
Q. 18 Law
Difficulty: Easy (1 Mark)
Under Article 85 of the QSO, which of the following is a 'Public Document'?
A
Documents forming the acts or records of the acts of the sovereign authority, official bodies, tribunals, and public officers
✓ Correct
B
A private will executed at home
C
A confidential diary of a businessman
D
A private loan contract between two neighbours
💡 Step-by-Step Explanation & Concept Rationale
Article 85 QSO defines public documents as documents forming the acts or records of the acts of sovereign authority, official bodies, tribunals, legislative, judicial and executive officers, and public records kept of private documents. All other documents are private (Art 86).
Q. 19 Law
Difficulty: Medium (1 Mark)
Under Article 114 of the QSO, the doctrine of 'Estoppel' means:
A
When one person has, by his declaration, act or omission, intentionally caused another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed to deny the truth of that thing
✓ Correct
B
A judge is stopped from giving an oral judgment
C
An accused cannot be arrested twice on the same charge
D
A public officer cannot be transferred before three years
💡 Step-by-Step Explanation & Concept Rationale
Article 114 QSO embodies the equitable doctrine of estoppel: A person cannot blow hot and cold (allegans contraria non est audiendus); having induced another to alter their position based on a representation, they cannot subsequently deny that representation.
Q. 20 Law
Difficulty: Easy (1 Mark)
Under Article 117 of the QSO, who bears the 'Burden of Proof' in a legal proceeding?
A
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts
✓ Correct
B
Always the respondent/defendant
C
Always the presiding judge
D
The police station clerk
💡 Step-by-Step Explanation & Concept Rationale
Article 117 QSO states: 'Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.'
Q. 21 Law
Difficulty: Easy (1 Mark)
In criminal trials in Pakistan, what is the standard of proof required to establish guilt of the accused?
A
Proof beyond reasonable doubt
✓ Correct
B
Preponderance of probabilities
C
Prima facie suspicion only
D
Scintilla of evidence
💡 Step-by-Step Explanation & Concept Rationale
In criminal cases, the prosecution must establish the guilt of the accused beyond reasonable doubt. In civil cases, the standard is preponderance of probabilities.
Q. 22 Law
Difficulty: Medium (1 Mark)
Under Article 128 of the QSO, birth during marriage is conclusive proof of legitimacy if born during the continuance of valid marriage or within:
A
Two years after its dissolution (the mother remaining unmarried)
✓ Correct
B
Six months after its dissolution
C
280 days after its dissolution
D
Ten lunar months
💡 Step-by-Step Explanation & Concept Rationale
Article 128 QSO provides that a person born during the continuance of a valid marriage, or within two years after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy, unless husband shows non-access or disowns by Lian.
Q. 23 Law
Difficulty: Easy (1 Mark)
Under Article 132 of the QSO, what is the chronological order of examination of a witness?
A
Examination-in-chief, Cross-examination, Re-examination
✓ Correct
B
Cross-examination, Examination-in-chief, Re-examination
C
Re-examination, Cross-examination, Examination-in-chief
D
Judicial interrogation followed by jury vote
💡 Step-by-Step Explanation & Concept Rationale
Article 132 QSO prescribes the order of examinations: The examination of a witness by the party who calls him is examination-in-chief; by the adverse party is cross-examination; and subsequent examination by calling party is re-examination.
Q. 24 Law
Difficulty: Easy (1 Mark)
Under Article 136 of the QSO, a 'Leading Question' is defined as:
A
Any question suggesting the answer which the person putting it wishes or expects to receive
✓ Correct
B
Any question posed by the Chief Justice
C
A question concerning the personal character of an advocate
D
A question that cannot be answered in writing
💡 Step-by-Step Explanation & Concept Rationale
Article 136 QSO defines leading questions: Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
Q. 25 Law
Difficulty: Medium (1 Mark)
Under Article 137 and 138 of the QSO, when may leading questions NOT be asked, and when MAY they be asked?
A
Must NOT be asked in examination-in-chief or re-examination without permission of Court, but MAY freely be asked in cross-examination
✓ Correct
B
Can never be asked in cross-examination
C
Can only be asked during examination-in-chief
D
Can only be asked by the police
💡 Step-by-Step Explanation & Concept Rationale
Articles 137 and 138 QSO dictate that leading questions must not, if objected to by adverse party, be asked in examination-in-chief or re-examination except with permission of the court (for introductory/undisputed matters), but they may freely be asked in cross-examination.
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