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Law of Evidence Pakistan Test Online

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1. What change did the Commission recommend regarding Evidence Act Section 29 for Hudood trials?

Apply Section 29 as is

Make Section 29 inapplicable so tainted confessions remain inadmissible

Expand Section 29

Repeal the Evidence Act

2. The Commission concluded that strict evidence requirements would:

Enhance confidence in judiciary

Cause miscarriage of justice

Reduce backlog

Improve conviction rate

3. Under Section 63 (Ta’zir), refusal to take oath leads to:

Acquittal

Punishment

Mediation

Arbitration

4. Section 15 declares evidence of which relations inadmissible?

Father for son or vice versa

Uncle for nephew

Cousins for cousins

None of these

5. Which of the following is NOT required when evidence is accepted by Tawatur?

Tazkia of witnesses

Large number of consistent testimonies

Impossibility of presumed collusion

Witnesses placed to observe the same fact

6. In Section 15, exception for family testimony applies to disputes relating to:

Property ownership

Marriage, divorce, and Qisas

Taxation

Witness fees

7. Who bears the burden of proof under law?

The one who denies

The one who asserts

The Qazi

The police officer

8. “Shahadat-ala-Shahadat” in Chapter 10 refers to:

Documentary evidence

Evidence by proxy/representative

Judicial notice

Expert testimony

9. One major policy concern was that the draft would:

Ensure speedy justice

Cause inordinate delays and standstill in courts

Reduce caseload

Strengthen mediation

10. A core criticism of proxy evidence is that it:

Eliminates oath

Becomes a category of hearsay and impedes cross-examination

Bans defence counsel

Replaces documentary proof

11. In Section 4, the Nisab-i-Shahadat for proving rape requires:

Two male witnesses

Four sane, major, male, Muslim witnesses

One male and two female witnesses

Medical evidence only

12. Sections 61–63 make administration of oath conditional upon:

Police request

Adam-i-Saboot (lack of proof)

Judge’s mood

Filing fee

13. The proposed law omits mention of:

Maternal relatives

Paternal relatives

Adopted children

Foster parents

14. Under Exception 3 to Section 12, a dumb person’s evidence is accepted if:

Written by another person

Expressed by signs

Written by himself in court

Recorded by judge

15. The purpose of defining strict witness qualifications was claimed to be:

Ensuring reliability and Sharia compliance

Allowing all citizens to testify

Reducing trial time

Supporting circumstantial evidence

16. Section 68 (Milk-i-Mutliq) prefers Bayyina of:

The possessor

The non-possessor

The state

The tenant

17. Where should Nisab-i-Shahadat for Hudood/Qisas and civil cases be incorporated?

Procedural rules only

Substantive laws concerned

Police standing orders

Bar Council rules

18. The Exception to Section 82 requires two women witnesses to be recorded:

Separately on different days

Simultaneously, which is impracticable

Via affidavit only

Without oath

19. Which section of the Evidence Act was proposed for suitable amendment to reflect Nisab rules?

Section 134

Section 29

Section 65

Section 60

20. A drafting gap in Section 80 is failure to specify:

Who pays costs

The trial stage when admissibility is decided

How to summon police

How to mark exhibits

21. The illustration to Qarin-e-Qatia was criticized because it:

Conflicts with Sunnah

Is ambiguous whether it is strong circumstantial evidence or conclusive proof

Bans self-defence pleas

Requires expert testimony

22. What should remain in force according to the Commission?

Only Hudood laws

Evidence Act, 1872, with recommended amendments

QSO 1984 without change

Common law only

23. The condition linking minor evidence only to minor victims is considered:

Justified

Illogical and unjust

In line with Sunnah

Required by law

24. “Haq-Allah” in Section 63 likely refers to:

Taxation matters

Hudood offences

Inheritance only

Contract disputes

25. Section 8 allows the opinion of one Adil person in which of the following?

Expert opinion and interpretation

Criminal conviction

Religious testimony

Civil marriage

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26. Under Section 80, the court may:

Decide admissibility and seek explanation of relevance

Defer all rulings to appeal

Leave admissibility to the jury

Bind itself to party stipulations

27. Section 83 directs courts to seek guidance from:

Custom only

Quran, Sunnah, and standard Sharia sources

Foreign case law

Executive notifications

28. The Commission criticized Section 12 conditions because:

They were too lenient

They were impractical and could lead to injustice

They were copied from common law

They excluded experts

29. A practical issue with Section 79(2) is that it:

Bans medical testimony

Can force multiple experts in routine injury/rape/murder cases, delaying trials

Disallows defence experts

Replaces cross-examination

30. The overarching reason for rejecting rigid “preference among Bayyina” rules was that they:

Favor the state

Ignore possession realities and invite injustice

Are too flexible

Replace cross-examination

31. Chapter 13 (Section 66) on immovable property disputes was criticized because it:

Enlarges judicial discretion

Curtails courts’ jurisdiction with rigid rules

Emphasizes oral evidence

Relies only on experts

32. Evidence of non-Muslim against a Muslim is admissible:

Always

Only during travel if no Muslim witness is available, and in matters of will

Only in Hudood

In all fiscal matters

33. The Commission’s view on Sections 61–62 was that they are:

Uniform and clear

Non-uniform without rationale

Aligned with Evidence Act

Only civil in scope

34. Why did the Commission prefer the Evidence Act for documents?

It is shorter

It provides robust rules for primary/secondary evidence and presumptions

It disallows oral testimony

It favors government litigants

35. The Commission suggests that dumb persons should be allowed to testify by:

Signs

Tape recording

Proxy

Interpreter only

36. Mr. Abdul Malik Irfani’s view on women’s evidence was that it is:

Inadmissible in Hudood and Qisas

Admissible in all cases including Hudood and Qisas

Limited to civil matters

Only as experts

37. Section 16 states that testimony of wife in favor of husband is:

Admissible in all cases

Inadmissible except necessity

Inadmissible

Admissible only in fiscal cases

38. If the accused is a Muslim, evidence of a non-Muslim lady doctor in rape case is:

Fully admissible

Acceptable under Taazir

Not acceptable under moral and logical grounds

Acceptable if verified by Qazi

39. Section 12 Exception 4 allows non-Muslim testimony:

Only in will matters and during journey

In all cases

In Hudood offences

In property cases

40. According to Hanafi Fiqh, what is the age of majority?

20 years for both genders

18 years for boy and 17 years for girl

16 years for both genders

15 years for both genders

41. Chapter 14, Section 67(1), prefers whose Bayyina in joint possession with competing claims?

The one in current possession claiming joint title

The claimant asserting solitary ownership

The government claimant

The elder party

42. Under Section 4, what happens if the act of rape occurs in the presence of only female witnesses?

Conviction under Hadd

Conviction under Qisas

Punishment under Taazir only

Case dismissed

43. Chapter 11 (documentary evidence) Section 48 demands proof by:

One attesting witness only

At least two marginal witnesses, or two recognizers, or two experts

Any one expert

Police certification

44. Section 18 declares inadmissible the evidence of:

Public officials

Friends who share property and close intimacy

Religious scholars

Police witnesses

45. Under Chapter 9, “Tawatur” makes evidence admissible when it is:

Confirmed by police records

Testified by a very large number placed to preclude collusion

Verified by one expert witness

Supported by circumstantial proof alone

46. Section 69 (Milk-i-Muqayyad) provides a similar preference rule and is:

Supported by practice

Clear and easy

Criticized as complicated and hard to enforce

Limited to criminal law

47. Which of the following defines a “major” under Section 2 of the proposed Evidence Ordinance?

A person above 21 years of age

A person showing signs of puberty or aged 18 (male) and 16 (female), whichever is earlier

A person declared adult by medical board

A person having right to vote

48. Exception 1 to Section 12 allows a minor’s evidence in:

Property disputes

Fiscal matters

Cases of physical fights or murder involving minors

Contract cases

49. A key clarification needed about Iqrar is whether it:

Includes judicial or extra-judicial confession

Must be notarized

Requires two witnesses

Needs expert verification

50. Section 62(2) makes refusal in limb-chopping (Qisas-eligible) lead to:

No punishment

Qisas for limb, unlike murder refusal rule

Only monetary compensation

Community service

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51. Under Section 12, who is qualified to give evidence?

Any person with sound mind

Major, sane, with sight, speech, Adil and Muslim

Literate person only

Public servant only

52. Section 14 deals with:

Negative evidence

Confessional evidence

Documentary evidence

Cross-examination

53. Under Section 40, per original witness the proxy requirement is:

One male or one female

Two male or one male and two female witnesses

Four male witnesses

One expert only

54. Proxy evidence is inadmissible in which category under Section 39?

Civil suits

Fiscal disputes

Hadood and Qisas

Contract enforcement

55. Final recommendation on the draft Ordinance was to:

Enforce as is

Enforce with minor tweaks only

Not enforce in its present form

Replace the Penal Code

56. Why did the Commission call the Tawatur chapter “unnecessary”?

It conflicts with Qanun-e-Shahadat Order

Sections 48–49 of the Evidence Act already cover custom

It abolishes cross-examination

It criminalizes hearsay

57. The term “Tazkiat-ul-Shahood” refers to:

Verification of witnesses’ moral character

Collection of documents

Judicial confession

Cross-examination

58. The ambiguity in Section 61 concerns whether “lack of proof” means:

No evidence at all or just failure to meet “beyond reasonable doubt”

Minor inconsistency

Absence of FIR

Late filing

59. A Jafria-specific concern raised was that:

The draft mirrors Jafria positions

Jafria viewpoints should be appended to each section

Jafria doctrine bans cross-examination

Jafria disallows documents

60. Section 54 lists methods of proof as Qarin-e-Qatia, oath/refusal, and Iqrar. Qarin-e-Qatia means:

Mere suspicion

Clear circumstances reaching certainty

Any inference from conduct

Expert opinion only

61. The term “Adil” in the proposed Evidence Ordinance refers to:

A Muslim who performs obligations and avoids major sins

A person who is just in dealings

A person with no criminal record

Any practicing Muslim

62. According to Section 6, in non-Hadd and non-Qisas cases, the required evidence is:

Two male or one male and two female Adil witnesses

One male or one female witness

Two female witnesses

Only documentary evidence

63. Under Section 9, an ex-parte decree can be passed if:

Defendant fails to appear after three summonses without Shari excuse

Plaintiff has two witnesses

Defendant refuses oath

Plaintiff files appeal

64. The undefined term “Shari excuse” in Section 9 would:

Simplify proceedings

Expedite justice

Cause delay due to inquiry

Abolish hearings

65. A risk with Section 83’s broad guidance clause is:

Elimination of precedent

Divergent rulings across courts and fiqhs

Automatic appeals

Ban on expert opinion

66. Minor witnesses under Section 12 must:

Testify alone

Leave the scene immediately

Make two Adil male witnesses before leaving the scene

Be approved by police

67. In intentional murder, if the accused refuses oath (Section 61(2)):

Qisas applies immediately

He remains imprisoned until oath or confession

He is acquitted

He pays Diyat automatically

68. Section 79(2) on experts requires:

Exactly one expert

Two experts, or one if two are unavailable

Three experts in all cases

Only documentary expert reports

69. Allama Talib Jauhari’s view was that women’s evidence is inadmissible additionally in:

Contract and tort

Tax and customs

Divorce, khula, inheritance (besides Hudood and Qisas)

Bail applications

70. Exception 2 to Section 12 allows blind witnesses to testify in:

Matters where hearsay evidence is permissible

Murder trials

Hadd cases

Land disputes

71. For other murders like Qatl-e-Khata under Section 61(3), refusal results in:

Qisas

Diyat liability

Acquittal

Ta’zir imprisonment only

72. Which existing provisions were said to be “comprehensive” versus proxy evidence?

Evidence Act Sections 5–7

Evidence Act Sections 32–33

Penal Code Sections 299–338

CPC Order XVIII

73. Negative evidence is admissible only when:

Supported by Tawatar or connected with condition

Supported by one witness

Based on rumor

Certified by police

74. Under Section 5, how many witnesses are required for offences like theft or Qazaf?

One male witness

Two sane, major, male Muslims

Four female witnesses

One male and one female witness

75. Section 64 defines Iqrar as:

Any confession before police

An admission of an obligation owed to another

A written statement only

A judicial decree

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76. The Commission’s policy lens emphasized that reform should:

Copy classical texts verbatim

Consider economic/social conditions and habits of current society

Abolish civil procedure

Prioritize expert over lay testimony

77. Requiring four male Muslim witnesses in rape cases is criticized because:

It allows false accusations

It makes conviction almost impossible

It contradicts Sunnah

It duplicates Taazir

78. Overall, the draft Ordinance was criticized for being:

Exhaustive and modern

Not self-contained, ignoring everyday legal needs

Focused only on civil law

Focused only on criminal law

79. The exclusion of women from giving expert opinion under Section 8 is considered:

Logical

Necessary

Unreasonable

Sharia-compliant

80. If a document is declared genuine under Chapter 11, the executant who denies it:

Is acquitted

Must still discharge the liability in it

May avoid liability by appeal

Is fined only

81. The draft relies mainly on:

Maliki fiqh

Hanbali fiqh

Fiqh-i-Hanafi of earlier centuries

Modern comparative law

82. Which section permits an ex-parte order upon oath and documents?

Section 9

Section 5

Section 7

Section 12

83. Section 7 accepts the evidence of a Muslim woman in cases relating to:

Property disputes

Birth, virginity, and other women-related matters

Theft

Murder cases

84. Section 65 renders inadmissible in Hudood cases an Iqrar made:

Before a magistrate

Under coercion or intoxication

In open court

In writing

85. Section 4 mentions evidence “even to the extent of penetration.” This indicates:

Depth of crime

Degree of proof required

Circumstantial value

Procedural formality

86. Section 56(2) states oaths are taken:

Only by Muslims

In the name of Allah or His manifestations; same manner for Muslims and non-Muslims

Only by solemn affirmation

Only on the Holy Quran

87. Regarding minors’ testimony, the Commission warned that exclusion would:

Improve accuracy

Cause miscarriages of justice

Reduce delays

Aid uniformity

88. Which crucial exclusion is missing from Section 65, per the Commission?

Medical evidence

Confessions to police, secrecy/deception, unwarned answers

Documentary presumptions

Dying declarations

89. A general critique across chapters is that many rules:

Expand judicial discretion

Replace judges with panels

Remove evidentiary safeguards and increase ancillary inquiries

Eliminate documentary proof

90. The Commission notes that Tawatur provisions mainly relate to proof of:

Criminal intent

Riwaj, usage, or tenets (custom)

Mens rea

Contract formation

91. What omission did the Commission flag in Section 56?

No oath for experts

No provision for atheists (solemn affirmation)

No cross-examination rule

No perjury penalty

92. The term “Tawatar” refers to:

Mass continuous testimony of many persons

A single statement

Documentary proof

Police report

93. Evidence by a dumb person is excluded in which cases?

Civil suits

Hadood and Qisas

Monetary disputes

Lineage cases

94. Which section mentions “negative evidence simpliciter”?

Section 14

Section 12

Section 8

Section 9

95. If genuineness cannot be proved by witnesses/experts, the denying party must:

Submit to handwriting test only

Take an oath; refusal binds him to the document

Produce two fresh witnesses

File a caveat

96. Sh. Ghias Muhammad recommended to:

Enforce the draft immediately

Repeal the Evidence Act entirely

Amend the Evidence Act, 1872, to align with Quran and Sunnah

Shift to jury trials

97. According to the proposed definition of “Adil,” a person with a savings account in a bank would be considered:

Adil

Non-Muslim

Fasiq

Witness of good repute

98. “Adil” condition for witnesses would result in:

Speedy justice

Fewer credible witnesses and delayed trials

More fairness

Simplified procedure

99. The main concern expressed by the Commission about multiple witness conditions is:

They simplify trials

They delay justice and cause offences to go unpunished

They strengthen evidence

They ensure equality

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