General Law & Jurisprudence — Past Papers — Part 8 MCQs with Explanations

Article 19, Qanoon-e-Shahadat Order 1984 embodies the Doctrine of Res gestae. It makes facts connected with the main issue and forming part of the same transaction relevant , even if not directly in issue.

As per Qanoon-e-Shahadat Order 1984 (Article 17) , in financial or future obligations reduced to writing, proper attestation requires two men, or one man and two women. This is based on the principle that one woman may remind the other if she forgets.

Under the Qanoon-e-Shahadat Order 1984, it is the Court’s duty to determine whether a witness is competent to testify. Neither the accused nor any other party decides this — it is solely a judicial function.

Primary evidence is the original document itself presented before the Court. Secondary evidence includes certified copies, reproductions, or oral accounts of the document’s contents.

Oral evidence is generally admissible for facts in a case, but not for the contents of a document. The contents of a document must be proven by primary (the original document itself) or, in specific circumstances, secondary evidence. Article 70 of the Qanun-e-Shahadat Order, 1984 , explicitly states this exclusion. It says, "All facts, except the contents of documents, may be proved by oral evidence". The document is the best evidence of its own contents . This is a fundamental principle of evidence law. Oral testimony about what a document says is not considered reliable or admissible , as documents speak for themselves.

This statement is false because in civil cases, character can be relevant if it helps establish the probability of conduct. In criminal cases , the accused’s good character is indeed relevant to credibility and sentencing.

Article 163(1) of Qanoon-e-Shahadat requires the defendant to deny the plaintiff’s claim on oath when requested by the plaintiff. This ensures the defendant formally responds to the claim under oath, giving the court a basis for judgment.

Article 39, Qanoon-e-Shahadat Order 1984 safeguards against coerced confessions. Confessions made in police custody are inadmissible unless recorded before a magistrate.

Article 9 of the Qanun-e-Shahadat Order , 1984, deals with the principle of attorney-client privilege, covering professional communications . It protects confidential communications between an advocate and their client during the course of their professional relationship.

Article 3, Qanoon-e-Shahadat Order 1984 sets conditions for competence to testify. A person is incompetent if convicted of perjury , unable to understand questions, or unable to give rational answers due to age or disease .

Daman is the compensation determined by the court for causing a hurt that is not liable to Arsh . The compensation is fixed based on the victim's treatment expenses , any disability caused, and the anguish suffered. The scenario described in the question— a hurt exposing bone, leaving a permanent mark , but not entering the body cavity—is considered a Ghayr-i-Jaifah (hurt not amounting to jaifah). The specific type of injury is Mudihah , which is the exposure of a bone without a fracture. Under Section 337-F of the PPC , the punishment for causing Mudihah is Daman , in addition to imprisonment as ta'zir.

Section 337U PPC fixes Arsh for itlaf of a tooth (except milk tooth) at one-twentieth of diyat. This quantifies compensation under Islamic law for the loss of a permanent tooth.

Under the Pakistan Penal Code 1860 , specifically Section 334 , the punishment for Itlaf-e-Udw is as follows: Initial punishment : Qisas . This means causing a similar hurt to the offender as they caused to the victim. Alternative punishment : If qisas is not executable, the offender is liable for Arsh . This is a specified monetary compensation paid to the victim or their heirs. Discretionary punishment : In addition to Arsh, the offender may also be punished with imprisonment as ta'zir.

Section 337-A PPC requires the Wali (legal heir of the victim) to be present during the execution of Qisas. Their presence ensures that the retribution is carried out in accordance with the victim’s family’s consent and rights.

The nose is considered a single organ in the human body, and according to the Pakistan Penal Code 1860 , the Arsh for causing itlaf of an organ found singly is equivalent to the value of diyat . This means that if someone dismembers or severs a person's nose , the Arsh payable would be the full value of diyat.

In Islamic law, Arsh is the compensation for intentional harm or dismemberment. If the organ harmed is unique in the body (like an eye or head), Arsh equals the full value of Diyat.

In Islamic criminal law , the Wali (legal heir/guardian of the victim) has the right to claim Qisas (retribution). The Mutwalli is only a custodian of waqf property.

According to John Austin , jurisprudence studies positive law , i.e., laws enforced by a sovereign. It focuses on what the law is.

A public prosecutor's duty is to ensure justice, not solely to obtain a conviction. They must act impartially and objectively . Public prosecutors are considered ministers of justice and are expected to be fair and unbiased.