Scribd
Upload
752 views2 pages

Document 9

Hearsay evidence is generally inadmissible, but the document discusses four main exceptions under QSO: 1) Article 46 allows hearsay if the direct witness cannot appear due to death, missing, incapacity, or unreasonable travel costs, and the statement relates to cause of death, official records, admissions, public rights, or family relationships. 2) Article 64 is similar but does not require the direct witness's absence regarding family relationships. 3) Article 19 allows res gestae statements made immediately before or after an occurrence. 4) Extra-judicial confessions and admissions are also excepted from the hearsay rule under common law.

Uploaded by

Samia Tehreem
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
752 views2 pages

Document 9

Hearsay evidence is generally inadmissible, but the document discusses four main exceptions under QSO: 1) Article 46 allows hearsay if the direct witness cannot appear due to death, missing, incapacity, or unreasonable travel costs, and the statement relates to cause of death, official records, admissions, public rights, or family relationships. 2) Article 64 is similar but does not require the direct witness's absence regarding family relationships. 3) Article 19 allows res gestae statements made immediately before or after an occurrence. 4) Extra-judicial confessions and admissions are also excepted from the hearsay rule under common law.

Uploaded by

Samia Tehreem
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Introduction:

QSO provides the general rule that hearsay evidence is not admissible in Article 71, but it also
provides some exceptions to this general rule in different provisions, which are discussed in
detail here.
Hearsay Evidence:
It is a statement which does not directly come from its source, rather it is made by another
person who has not directly perceived the said thing by his senses. Article 71, QSO, states that
oral evidence can only be direct, and it must be perceived directly by the senses of the person
making the statement, hence making the hearsay evidence is inadmissible.
Exceptions to General Rule:
1. Article 46
It deals with the situation where the person is not the originator of the information, but the
direct witness cannot appear in Court due to the following four reasons, and therefore hearsay
evidence is also admissible.
Reasons:
1. He is dead.
2. He is missing.
3. He has become incapable of giving evidence. Eg, he went insane.
4. The attendance of the direct witness cannot be ensured due to excessive travel time or
expense, and the Court is of the view that it will cause an unreasonable delay in his
attendance. For Example, a disabled person.
In such cases the evidence is only admissible, if it is related to following things, as given in
Article 46:
1. It is a statement made by a person, relating to his cause of death, regardless of presence
of apprehension of death.
2. A statement in register or books including accounts or receipts.
3. Admission of a person.
4. Statement regarding public rights. Eg. Public property.
5. Statements regarding the relationship by blood or marriage, made by the person
directly involved or the one with special means of knowledge. Eg. Nikahkhuwa or a
family member.
6. Statement in will.
7. Statement regarding a feeling expressed by several persons.

2. Article 64
Article 64 also deals with the situation where the statement is regarding the relationship by
blood or marriage, made by the person directly involved or the one with special means of
knowledge, but the only difference is that it does not require the absence of direct witness as
required by Article 46.

3. Article 19
Article 19 provides the principle of res gestae. It says that anything done or said immediately
before or after the occurrence is admissible evidence though not directly witnessed by the
information-giver. In cases of rape and child abuse, it is presumed by the Courts that such
witness is an eyewitness in Pakistan.
4. Extra-judicial Confessions and Admissions
Confessions and Admissions made out of court can be brought to Court even if hearsay in
nature under common law, and hence this is another exception to the general hearsay rule.
Conclusion:
In conclusion, hearsay evidence is inadmissible evidence generally, but several exceptions are
also provided for special circumstances

You might also like