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Competency of Witnesses

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Muhammad Hasnain
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31 views

Competency of Witnesses

Uploaded by

Muhammad Hasnain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Competency of Witnesses

Article 3 of the Qanoon-e-Shahadat Order, 1984 deals with the competency of witness;
Witness is a person who depose some fact in issue or some relevant fact in order to prove or
disprove any matter in question. It is worth to note here that the competency to testify as a
witness is a condition precedent to administer witness on oath; it is distinct matter from the
credibility of witness.

Relevant Provisions:

Article 3 and 17 of the Qanoon-e-Shahadat Order, 1984


Interpretation of relevant terms:
Witness:
Competency:

Competency of witnesses as provided under Article 3 of the Qanoon-e-Shahadat Order, 1984:

Article 3 provides that in general every person is competent to testify before court only
parameter to determine the competency of the witness is satisfaction of the court that the person
before the court is capable of giving testimony. However this general principle is qualified by the
Article itself by providing following exceptions to it;

Incapacity to be rational:

In general if a person is unable to under the question put on them or to give rational answer; he is
barred to testify as the witness to the suit.

 Extreme old age:

If a person has lost his consciousness due to extreme old age to that extend that he is
unable to understand question put on him or to give rational answer to that question; his
testimony is inadmissible before the court.

 Tender age:

A minor is restrained to testify any fact before the court if he’s not yet got rationality to
understand question put on him or to give rational answer to those questions. But if his
minority or tender age has not created any obstacle to understand question or to give
rational answer; in that case his testimony will be counted as valid.

 Any bodily injury:

If some bodily injury is of that type which render the witness unable to understand
question put on him or to give rational answer; even in that matter witness is
inadmissible. Blindness, dumbness, deafness are some examples of it but if such inability
can be overcome witness becomes valid.

 Any mental injury:

A mental incapacity also put a bar on the ability to testify any fact in issue.

 Perjury:

Perjury is an offence of deliberately giving of false evidence before the court of law. Any
person who has been convicted for perjury is debarred from testifying any fact before the
court because he can’t be considered as trustworthy witness. However if the court is of
the opinion that he is penitent; his testimony can be accepted.

Females in Haddod laws:


Under Hadood laws the woman testimony is inadmissible.

Witness of accomplice in Hadood cases:


Under Article 16 of the Qanoon-e-Shahdat Order, 1984 witness of an accomplice is
inadmissible piece of evidence.

Touchstone to determine the competency of witness:

Under Article 3 and 17 it is expressly stated that the Quran and Sunnah is the only criteria to
determine the competency of the witness. Now it can be construed as the duty of the court to
keep in mind the injunctions of Islam as laid down in the Holy Quran and Sunnah.

It is determined by the court in PLD 185 Lah 730 that it is only when the competence of a
witness is challenged that the court is required to determine such incompetence in
accordance with qualifications prescribed by injunctions of Islam as laid down by the Holy
Quran and Sunnah.

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