Q # 1: Who is competent to testify in law?

Can the following

persons be competent witnesses?
1. Introduction
 It’s a duty of witness to come forward and give testimony because a witness is medium
through which facts can be identified and decision of the case depends on the testimony
which is given before the court by witness. Qanoon e Shahadat Order provides qualifications
for a competent witness to appear as witness. It is very necessary that witness should be
competent and reliable.

2. Relevant Provision
 Section 3 to 14 of and 151 of Qanoor e Shahadat deals with competency of witness.

3. Definition of witness
 Individual who provides evidence in legal proceedings before a court. Person who gives
testimony under oath in court, relevant to what they have seen, heard, or otherwise
observed.

4. Definition of competent witness

 A witness is competent if he lawfully be called to give evidence in criminal proceedings all
persons are (whatever their age) competent to give evidence if they medically are fit

5. Doctrine of Tazkiya-Tu-Shahood
 Under Islamic rules of law, doctrine of Tazkiya-Tu-Shahood is very important. It means those
persons who appear before the court for testimony in this case the court is under an
obligation to inquire the character and background of such witnesses. Kinds of Tazkiya Tu
Shahood

1. Declared Tazkiya-Tu-Shahood
2. Secret Tazkiya-Tu-Shahood

6. Competency of following persons as witness

Following are the persons on whose testimony the Qanoon e Shahadat provides some sections.
Details are as under.

1. Competency of Child
 Under article 3 of Qanoon e Shahadat Order, a child can appear before the court to give
testimony in criminal cases and he will be considered as competent witness if the court
satisfies that:

1. A child is completely able to understands the questions

 2. A child is completely able to describe whatever he heard, seen at a crime scene
3. The testimony of a child witness is verified from another evidence
2. Competency of deaf (Hearing)
 Under the provision of Qanoon e Shahadat Order, a deaf can appear before the court to give
testimony in criminal cases and he will be considered as competent witness if the court
satisfies that:

1. A deaf is completely able to understands the questions

2. A deaf is completely able to give answers by writing, signs or otherwise about whatever
he seen at a crime scene
3. The testimony of a deaf witness is verified from another evidence

3. Competency of Dumb (Speaking)

 Under the provision of Qanoon e Shahadat Order, a dumb can appear before the court to
give testimony in criminal cases and he will be considered as competent witness if the court
satisfies that:

1. A dumb is completely able to understands the questions

2. A dumb is completely able to give answers by writing, signs or otherwise about whatever
he heard or seen at a crime scene
3. The testimony of a dumb witness is verified from another evidence

4. Competency of Lunatic
 Under the provision of Qanoon e Shahadat Order, a lunatic can appear before the court to
give testimony in criminal cases at his intervals and he will be considered as competent
witness if the court satisfies that:

1. A lunatic is completely able to understands the questions at his intervals

2. A lunatic is completely able to give answers about whatever he heard or seen at a crime
scene at his intervals
3. The testimony of a lunatic witness is verified from another evidence

7. Qualification for a competent witness

Following are the qualifications for competent witness

1. Able to understand the questions

 Witness should be able to understand the questions put to them and must be able to tell
whatever he heard or seen at the crime scene.

2. Must be Muslim
 Witness should be a Muslim for testimony because disbeliever is not permitted to give
testimony
 3. Free from Perjury
 Witness has not ever been convicted by Court for giving false testimony, if he is free from
perjury, he is a competent witnes
4. Free from Prejudice
 Testimony of following witnesses is unacceptable

1. Father in favor of his son and vice versa

2. Slave in favor of his master
3. Non-Muslim against a Muslim etc.

5. Maturity
 Witness should be of a mature mind and must be able to understand the facts related to
criminal act

6. Eye-Sight
 Witness should have perfect eye-sight and must be capable of being seen the facts

7. Speech
 Witness must possess the capacity to communicate in hadood cases as well as criminal
cases.

8. Strong Memory
 Witness must has a good memory because person of bad memory is unacceptable as
witness

8. Conditions for giving testimony

Following are the conditions for giving testimony.

 There must be existence of complaint and requirement to the testimony

 Testimony should be given before the court
 Witness has the personal knowledge of the fact ,hearsay is unacceptable
 The word shahadat must be used in the beginning
 Witness must be remember the incident
 Witness must be able to identify the parties
 Conformity(Mutabqat) of the statement with the claim
 In Hadud cases (Qadhaf) facts must not occurred in the distant part

9. Conclusion
 To conclude I can say that under the provision of Qanoon e Shahadat a witness is competent
to appear to give testimony before the court if he has attained the age of majority, well
reputation, good eye sight, communication skills, a Muslim and must be able to understand
the questions put to them. Under the provision of QSO, a child, deaf, dumb and a lunatic is
also competent to give testimony under some circumstances.
Q # 2: What is an identification parade and how it is held? What is
its evidentiary value?
1. Introduction
 Under the provision of Qanoon e Shahadat, the term identification parade is used to enable
witness to identify those persons who were involved in commission of offence. In this
process witness calls the names of offenders, place of occurrence and date of commission of
offence. The identification parade is conducted by the police before the courts of law for the
purpose of investigation.

2. Relevant Provision
 Article 22 of Qanoor e Shahadat deals with identification parade.

3. Definition of Identification parade

 Line up a particular group of people who stand next to each other while witness tries to
identify one of them as the person who has committed a crime

4. Rules relating to identification Parade

Follow are the rules relating to identification parade. Details are as under.

1. Separation of witnesses from each other

 To conduction an identification parade, it is necessary that all the witnesses should be kept
separated from each other so that they cannot share any information about offence.

2. Separation of witness from accused

 To conduction an identification parade, it is necessary that all the witnesses should be kept
separated from accused so that they cannot share any information about offence.

3. Separation of witness from investigation officer

 To conduction an identification parade, it is necessary that witnesses should be kept
separated from an investigation officer so that they cannot share any information about
offence.

4. Complainant as witness
 To conduct an identification parade, it is necessary that if the complainant himself a witness,
in this case, he may participate in the parade.

5. To bring witness for identification

 To conduct an identification parade, it is necessary that the witness should be brought
separately for identification parade so that he cannot share any information with anyone.
 6. Supervision of parade
 To conduct an identification parade, it is necessary that it should be supervised by
magistrate who has power to do so.

7. Venue of parade
 To conduct an identification parade, it is necessary that it should be conducted in the jail or
any other place which must be secured by police.

8. Investigating officer
 After beginning of identification parade, investigating officer or any police officer, who helps
investigating office, should not have any access to identifying witnesses.

9. Dummies
 To conduct an identification of parade, it is necessary that there should be a serial of 1-9
dummies and witness has to acquaint an accused out of them.

5. Evidentiary value of Identification Parade

Following is the evidentiary value of the identification parade.

1. Corroborative value (Tasdeeki)

 During the procedure of identification parade if witness identifies that he has seen some of
persons, who were present at the crime scene by stating the time, date and place of
occurrence of crime, such testimony has corroborative value

6. Purposes of identification parade

Following are the purposes of identification parade. Details are as under.

1. It enables the witness to identify the accused

2. It shows the bona fide intension of the witness
3. It helps the investigation officer to catch the real culprit
4. It helps the court to convict the real culprit

7. Ways of identification parade

Following are the ways of identification parade. Now days it is conducted with following
electronic devices which help to identify the accused.

1. Videos
2. Audios
3. Tape records
 4. Animal like dogs

8. Application of identification parade

The process of identification parade is applied on both of following cases.

1. Criminal Case
 The process of identification parade is applied in all the criminal cases where witness
identifies the accused according to the procedure.

2. Civil cases
 The process of identification parade is applied in all the civil cases where witness identifies
the accused according to the procedure.

9. Qualifications of a competent witness

Following are the qualifications of competent witness

1. Witness should be able to understand the questions

2. Witness should be an adult Muslim
3. Witness should be free from Perjury
4. Witness should be Free from Prejudice
5. Witness should have perfect eye-Sight
6. Witness has powerful communication skills
7. Witness must has strong Memory

10. Conclusion
 To conclude I can say that the Identification parade is held by the police in the courts for the
purpose of investigation and this process helps witness to identify the accused who was
present at the time of occurrence of crime and commission of crime. The identification
parade is held as a rule of prudence to remove the possibility of any mistake for the sake of
lawful decision of the case.
Q # 3: Define admission. In what circumstances admission can be
proved by or on behalf of a person making it?
1. Introduction
 The term admission is meant the voluntarily acknowledgement of truth of a case. An
admission is a statement which may be oral statement, written statement or in the shape of
electrical statement such as video, audio etc. Admission plays very important role in judicial
proceedings. If one of the parties to a suit proves that the other party has admitted his case,
the work of court becomes easier.

2. Relevant Provision
 Article 30 to 36 of Qanoor e Shahadat deals an admission.

3. Definition of admission
 An admission is such statement which is made by one of the parties to a lawsuit either orally
or in writing before a court and such statement supports the position of the other side

 Example
If a husband sues his wife for divorce on the grounds of adultery, and she states out of
court that she has had affairs, her statement is an admission in the eyes of law.

4. Kinds of Admission
Follow are the kinds of admission. Details are as under.

1. Judicial admission
 Judicial admission is such admission which is admitted by the party before the court during
the judicial proceedings. Such admission provides relief to the opposite party. It is written
for the record of the court

2. Extra-judicial admission
 Extrajudicial admission is such admission which is admitted by the party outside the court.
For example, an extrajudicial admission made by the child would be considered an
insufficient to conclude that the child committed the acts alleged in the petition.

5. Persons who can make admission

Following are the persons who can make an admission.

1. One of the parties to a lawsuit

2. One of the agents to a lawsuit
3. One of the interested parties to a lawsuit
4. One of the witnesses to a lawsuit
 5. Agent, pleader, attorney , counsel

6. Modes of admission
Following are the modes of admission. Details are as under.

1. Oral admission
 Oral admission is such admission where any of the party to a lawsuit admits the facts of the
case orally before the court or outside the court.

2. Documentary admission
 Documentary admission is such admission where any of the party to a lawsuit admits the
facts of the case by written statement before the court or outside the court.

3. Electrical admission
 Electrical admission is such admission where any of the party to a lawsuit admits the facts of
the case by way of video or audio recording before the court or outside the court.

7. Which statements are admission

Following are the statements which can be considered as an admission. Details are as under.

1. Statement by party
 Such statement which is given by one of the parties to a lawsuit before the court during the
judicial proceedings, this statement will be considered as an admission

2. Statement by agent
 Such statement which is given by one of the agents to a lawsuit before the court during the
judicial proceedings, this statement will be considered as an admission

3. Statement by witness
 Such statement which is given by one of the witnesses to a lawsuit before the court during
the judicial proceedings, this statement will be considered as an admission

4. Statement by persons interested

 Such statement which is given by persons interested to a lawsuit before the court during the
judicial proceedings, this statement will be considered as an admission

5. Statement by persons referred

 Such statement which is given by persons referred by any of the parties to a lawsuit before
the court during the judicial proceedings for information in regard of dispute, this statement
will be considered as an admission
 6. Statement by persons from whom interest is derived
 Such statement which is given by those person from whom interest of the parties has been
derived, before the court during the judicial proceedings, this statement will be considered
as an admission
7. During the proceedings
 Such statement which is given by the parties, agents, persons interested or any other
authorized persons, before the court will be considered as an admission, but statement
given outside the court will not be considered as an admission.

8. General rule of admission

 Under the Qanoon e Shahadat order, it is general rule that an admission cannot be given by
third party who have no concern with the case

9. Exception to admission
Following is the exception to the admission.

1. Third party
 There is an exception to the general rule under article 34 of QSO; a third party can give
admission statement if any of the parties to a lawsuit has expressly referred the third party
for information in regard of dispute.

10. Value of admission as proof

 If the admission statement is made against his own interest, in this case it shall be considered
as correct until contrary

11. Conclusion
 To conclude I can say that under the provision of Qanoon e shahadat, admission statement
plays a vital role in judicial proceedings if the facts of the case are admitted before the court
of law during the proceedings. Admission statement can only be given by authorized person
such as party to lawsuit, any agent on the behalf of the party or persons interested to a
lawsuit etc.
Q # 4: What is confession? How it is recorded and what is
difference between admission and confession? Define its
admissibility and inadmissibility in criminal cases.
1. Introduction
 Under the QSO, all the confessions are admissions but all the admissions are not confession.
Confession is an oral or written statement where offender confesses the charge alleged to
him before the court. A court can reject a confession if it has been obtained by pressure.
Facts discovered as a result of a confession are admissible as evidence if the confession is
voluntary.

2. Relevant Provision
 Article 37 to 43 of Qanoor e Shahadat deals confession.

3. Definition of confession
 Confession is an oral or written statement where offender confesses before the magistrate
that he is guilty of offence charged to him

4. Kinds of Confession
Follow are the kinds of confession. Details are as under.

1. Judicial confession
 Judicial confession is such confession which is admitted by the person charged before the
magistrate during the judicial proceedings without any pressure. It is recorded before the
magistrate.

2. Extra-judicial confession
 Extrajudicial confession is such confession which is admitted by the person charged at
elsewhere than before the magistrate. For example, an extrajudicial confession made by the
child would be considered an insufficient to conclude that the child committed the acts
alleged in the petition.

5. Admissibility and inadmissibility of confession

Under which circumstances a confession is admissible and inadmissible. Details are as under.

1. Confession before police

 According to the law, confession made by the offender in the police custody is not
admissible

2. Confession before magistrate

  According to the law, confession made by the offender before the 1st class or 2nd class
magistrate is admissible, because magistrate is empowered by provincial government in this
regard.
6. Essentials of confession
Following are the essentials of confession. Details are as under.

1. Voluntary confession
 It is an essential element of confession that it should be voluntary confession and should be
free from any pressure or coercions etc.

2. Non-promissory confession
 It is an essential element of confession that there should be no promise of any benefit
against confession or there should be no promise to conceal such confession.

3. Consequences of confession
 It is an essential element of confession that the confessor must know the consequences of
confession which he is going to do

4. Not in police custody

 It is an essential element of confession that it should not be in the police custody if
confession is taken in the police custody, it is not admissible

5. Before magistrate
 It is an essential element of confession that it should voluntarily be taken before the 1st or
2nd class of magistrate.

7. Who can make confession

 Under the provision of Qanoon e Shahadat, a person who is guilty of an offence can make a
confession before the magistrate of 1st class or 2nd class. Confession is only admissible if it is
given before the magistrate.

8. Difference between admission and confession

Following are the differences between admission and confession.

1. As to proof
 An admission is proof of facts
 Confession is proof of commission of offence

2. As to scope
 Scope of an admission is broader
 Scope of confession is lesser
 3. As to against co accused
 An admission cannot be used against other defendants
 Confession can be used against other co accused.

4. As to evidence
 An admission is weak evidence
 Confession is strong evidence

5. As to nature
An admission is a confession in its nature
 Confession is not an admission in its nature

6. As to admissibility
 An admission is admissible if it is admitted involuntarily
 Confession is not admissible if it is confessed involuntarily

7. As to use
 An admission can be used against the person other
 Confession can only be used against the person confessing

9. Modes of confession
Following are the modes of confession. Details are as under.

1. Oral confession
 Oral confession is such confession where offender confesses the guilt of crime orally before
the magistrate of 1st class or 2nd class.

2. Documentary confession
 Documentary confession is such confession where offender confesses the guilt of crime in
writing before the 1st class or 2nd class magistrate.

3. Electrical confession
 Electrical confession is such confession where offender confesses the guilt of crime by way
of video or audio recording before the 1st class or 2nd class magistrate

10. Conclusion
 To conclude I can say that under the Qanoon e Shahadat order, confession is an admission of
offender that he is guilty of commission of crime, it is necessary that the confession should
only be confessed before the 1st class or 2nd class magistrate only. If confession is taken by
the police during his custody, in this case it is not admissible.
Q # 5: What is dying declaration? How it is recorded? What is its
evidentiary value? Can a conviction be based upon it?
1. Introduction
 Under the Qanoon e Shahadat, a dying declaration is a statement of that person who has
died while explaining the causes of injuries suffered by him as well as indicating the person
who has injured him and he is well aware that he is about to die. No doubt such declaration is
hearsay but it is admissible since it is believed that the dying person does not have any
reason to lie.

2. Relevant Provision
 Article 46 (i) of Qanoor e Shahadat deals dying declaration.

3. Definition of dying declaration

 A dying declaration is a statement of that person who has died while explaining the causes of
injuries suffered by him as well as indicating the person who has injured him and he is well
aware that he is about to die.

4. Evidentiary value of dying declaration

 Dying declaration is valuable evidence in criminal case and it can be used against the accused
for his conviction on the behalf of such declaration. It is completely applicable when there is
no another evidence against accused. Because dying declaration cannot be considered an
invalid declaration when it is made under a sense of impending death by deceased and it has
great weight. But dying declaration which is incomplete and partly touched-up by deceased,
in this case it cannot be relied upon.

5. Modes of dying declaration

Following are the modes of dying declaration. Details are as under.

1. Oral declaration
 Oral declaration is such declaration where the person died had orally declared the cause of
injuries suffered by him and indicated the person who had injured him

2. Documentary declaration
 Documentary declaration is such declaration where the person died had declared his
statement by writing the cause of injuries suffered by him and indicated the person who had
injured him

3. Electrical declaration
 Electrical declaration is such declaration where the person died had electrically declared the
causes of injuries suffered by him by ways of video or audio recording
6. Who can record dying declaration
Following are the persons who can record dying declaration.

1. By anyone
 Under section 46 (i) of QSO, anyone can record the dying declaration of that person who is
going to be dead due to fatal injuries.

2. By a magistrate
 Under the provision of Cr.P.C, a magistrate can record the dying declaration of that person
who is going to be dead due to fatal injuries.

3. By a police officer
 Under the provision of Qanoon e Shahadat, a police officer can record the dying declaration
of that person who is going to be dead due to fatal injuries.

4. By a doctor
 Under the provision of Qanoon e Shahadat, a doctor can record the dying declaration of that
person who is going to be dead due to fatal injuries.

7. Essentials of dying declaration

Following are the essential elements of dying declaration. Details are as under.

1. Voluntary statement
 It is an essential element of dying declaration that it should be taken voluntarily and true

2. Written or verbal Statement

 It is an essential element of dying declaration that it should be in written or a verbal
statement.

3. Death of declarant
 It is an essential element of dying declaration that the declarant must have died, if declarant
is alive in this case it is inadmissible in the eye of law

4. Competency
 It is an essential element of dying declaration that it should be checked that the statement is
made in a fit state of mind, and deceased was competent to declare the circumstance of facts

5. Cause of death
 It is an essential element of dying declaration that it is providing the cause of death of
declarant and indicating the person who has caused of injury of deceased.
 6. Statement must be complete
 It is an essential element of dying declaration that it should be complete in all aspects and is
providing all the facts such as causes of injuries, identification of assailant etc.

8. When a dying declaration is inadmissible

Following are the circumstances when a dying declaration is inadmissible.

1. When the relatives of the declarant think that what they have to say
2. When declarant was proved as unconscious or semi-conscious at the time of declaration
3. When the declarant was died a few minutes after declaration
4. When there is clear discrepancy between declaration and statements of the witness
5. When a dying declaration denies itself in its various parts
6. When the declaration gets failed to establish identification of assailant

9. If declarant does not die

 Under the Qanoon e Shahadat, the question arises against dying declaration when the
declarant does not die. Because dying declaration is subject to the death of declarant. If the
declarant does not die, then the declarant can be used as a witness in the court against the
accused. But if the declarant does not die then the statement is inadmissible as dying
declaration.

10.Conclusion
 To conclude I can say that Qanoon-e-Shahadat Order 1984 explains that direct evidence is
original, positive because it discloses that Qanoon-e-Shahadat order does not give value to
hearsay evidence. However, dying declaration is an exception to this rule about hearsay
evidence. Therefore, it is admissible evidence and can be used to convict the accused.
Q # 6: Documentary evidence excludes oral evidence. Explain
with reference to relevant law?
1. Introduction
 It is a general principle that the best evidence to be provided in the court and documentary
evidence is best evidence, irrespective of how good a person’s memory. The principle does
not require the largest amount of evidence. It requires the best evidence and this is
documentary evidence which excludes oral evidence. But oral evidence is not excluded if
there is no documentary evidence.

2. Relevant Provision
 Article 102 and 103 of Qanoor e Shahadat deals with exclusion of oral evidence by
documentary evidence.

3. Definition of Documentary evidence

 Documentary evidence is such evidence which is present in the form of document before the
court during the trial

4. Definition of oral evidence

 Oral evidence is also known as spoken evidence which personally have been seen or heard by
witness and is produced in the form of oral statement before the court during the trial about

5. Exclusion of oral evidence by documentary evidence

Following article 102 and 103 of QSO, deals with exclusion of oral evidence by documentary
evidence. Details are as under.

1. Article 102 of QSO

 When any contract has been reduced in the form of a document as per the requirements of
law, in this case only this document shall be provided in the court of law as evidence if
needed, such documentary evidence excludes any oral evidence in respect of such contract

2. Article 103 of QSO

 When any contract has been reduced in the form of a document as per the requirements of
law, in this case only this document shall be provided in the court of law as evidence if
needed, but such documentary evidence shall not exclude any oral evidence where any
separate oral agreement is exist in respect of such contract.

6. Exceptions to this rule

Following are the exceptions to this rule. Details are as under.

1) Invalidity of document
  Under the provision of QSO, if any fact which invalidates the authenticity of the document,
in this case documentary evidence shall not exclude oral evidence.
2) Silence of document
 Under the provision of QSO, if the reduced document is silent on a particular matter of fact,
and oral evidence is not silent a that matter of fact, in this case documentary evidence shall
not exclude oral evidence

3) Modification of document
 Under the provision of QSO, if the reduced document has been modified by the parties and
it is proved by oral evidence, in this case documentary evidence shall not exclude oral
evidence.

7. TYPES OF EVIDENCES
Following are the types of evidences

1) Oral Evidence
 Oral evidence is also known as spoken evidence which personally have been seen or heard
by witness and is presented in the form of oral statement before the court during the trial
about

2) Documentary Evidence
 Documentary evidence is such evidence which is presented in the form of document before
the court during the trial

3) Primary Evidence
 Primary evidence is such evidence which is presented in the form of document and it gives
vital hint in a disputed matter in the light of documentary evidence.

4) Secondary Evidence
 Secondary evidence is such evidence which presented in the court in the absence of
primary evidence and it is low grade evidence as compare to primary evidence.

5) Real Evidence
 Real evidence is such evidence which is presented in the court by inspection of a physical
object which does not derived from any witness or any document

6) Hearsay Evidence
 Hearsay evidence is weak evidence. It is only the evidence which neither has personally
been seen nor heard. But witness has come to know about it through some third person.

7) Judicial Evidence
  Judicial evidence is such evidence which is received by court on the confession of accused
in the court. Statements of witnesses and documentary evidences are also Judicial
Evidence.

8) Non-Judicial Evidence
 Non-Judicial evidence is such evidence when accused makes confession outside the courtin
the presence of any person of other party.

9) Direct Evidence
 Direct evidence is such evidence which is presented by the person who personally has seen
the commission of crime and describes it in the courts

10) Indirect Evidence

 Indirect evidence is such evidence which is presented by the person who personally has not
seen the commission of crime and describes it in the courts

8. CONCLUSION
 To conclude I can say that documentary evidence has more value than the oral evidence.
Court is bound to accept the documentary evidence. But oral evidence is also taken in
consideration. In courts the documentary evidence is more valuable than oral evidence.
Because the law requires the best evidence, and oral evidence is such evidence which is
confined to the words spoken by the mouth
Q # 7: What is burden of proof? On whom it lies in civil and
criminal proceedings? Explain?
1. Introduction
 When someone files a petition against someone, in this case during the judicial proceeding of
the court, according to the term burden of proof, plaintiff is under an obligation to produce
the evidence which will prove the claim, he has made against the defendant. But on the
other hand, a defendant is not under an obligation to prove his innocence in order to avoid
conviction.

2. Relevant Provision
 Article 177 to 129 of Qanoon e Shahadat deals with burden of proof in both criminal and civil
cases.

3. Definition of Documentary evidence

 Burden of proof is a duty, where a plaintiff is under an obligation to produce the evidence
which will prove the claim, he has made against the defendant

 Example
If A wants judgment from the court to punish B. In this case A will have to provide the
sufficient evidence that B has committed the crime. It is called burden of proof

4. Standards of burden of proof

Following are the standards of burden of proof. Details are as under.

1. Reasonable doubt
 A reasonable doubt is a highest standard of burden of proof which is applied in criminal
cases only. Where a prosecutor has reasonable grounds to believe that all the allegations
are so true and offence has been committed and accused is a guilty of crime and should be
punished.

2. Clear and convincing evidence

 A Clear and convincing evidence is a medium standard of burden of proof which is applied
both in criminal and civil cases. Where a prosecutor presents evidence with a strong believe
that all the allegations are true and accused is guilty of crime and should be punished.

3. Preponderance of the evidence

 Preponderance of the evidence is a lowest standard of burden of proof which is applied in
civil cases only. Where a prosecutor presents that it is more likely to be happened, and all
allegations are correct and accused is guilty of crime and should be punished.
5. On whom burden of proof lies in civil cases
Under the provision of Qanoon e Shahdat, the burden of proof in civil cases lies upon the
following persons.

1. Prosecutor
 In Civil cases, during the judicial proceedings of the court the burden of proof lies on
prosecutor

2. Accused
 In civil cases, during the judicial proceedings of the court if prosecutor get failed to provide
the evidence in the court, in this case the burden of proof gets shifted on accused, and
accused is considered as an innocent until he is proved guilty of crime

6. On whom burden of proof lies in criminal cases

Under the provision of Qanoon e Shahdat, the burden of proof in criminal cases lies upon the
following persons.

1. Prosecutor
 In criminal case, during the judicial proceedings of the court the burden of proof lies on
prosecutor

2. Accused
 In Criminal cases, during the judicial proceedings of the court if prosecutor get failed to
provide the evidence in the court, in this case the burden of proof gets shifted on accused,
and accused is considered as an innocent until he is proved guilty of crime

7. General rule for burden of proof

 Under the provision of law, it is a general rule that the burden of proof remains on the
prosecutor always, it is the duty of prosecutor to provide evidence in the court against
charged alleged on accused.

8. Exception to general rule

Following are the exceptions to general rule.

1. Exception of P.P.C
 Burden of proof remains on prosecutor always, if accused makes an appeal that his case
comes under any general exception of P.P.C, in this case the burden of proof will shit to the
accused.
 2. Appeal of Alibi
 Burden of proof remains on prosecutor always, if accused makes an appeal of Alibi, in this
case the burden of proof will shit to the accused.

9. Types of burden of proof

Following are the two kinds of burden of proof. Details are as under.

1. Legal burden
 Legal burden of proof is such burden which rests on prosecutor who is under an obligation
to satisfy the court on a particular issue.

2. Evidential burden
 Evidential burden of proof is such burden which rests on prosecutor who is under an
obligation to identify the sufficient evidence to satisfy the court on a particular issue.

10.Essential of burden of proof

Following are the essentials of burden of proof. Details are as under.

1. Burden rests on prosecutor

 It is an essential element of burden of proof that it always rests on prosecutor who had filed
the case in the court against someone

2. Provision of evidence
 It is an essential element of burden of proof that prosecutor is under an obligation to
provide a reasonable evidence in the court against the accused.

11.Conclusion
 To conclude I can say that any person who prosecutes any case in the court against anyone
one, in this situation he is under an obligation to provide reasonable evidence against the
charge alleged by him against accused. Both in criminal and civil cases the burden of proof
lies on prosecutor but if accused has some special exceptions in this case burden of proof
shits to accused.
Q # 8: What is leading question? Who can ask such a question?
Can a party ask leading question to its own?
1. Introduction
 It is a rule of law that a Leading questions cannot be asked from party's own witness. Leading
questions are the best types of questions to ask, because they suggest the desired answer to
the witness in "Yes" or "No. Leading questions are not allowed during the direct examination
of the witness but it is depending on the circumstances, leading questions can be
objectionable or not.

2. Relevant Provision
 Article 136, 137 and 138 of Qanoon e Shahadat deals leading questions.

3. Definition of Leading question

 In witness examination, a leading question is such question which is asked in such a way that
it suggests what the answer should be.

 Example
Leading Question: Do you have any problems with your boss?

This question inspires the person about their employment relationship. It throws light that
there are some problems.

4. Question regarded as Leading Questions

Following are the questions which are regarded leading questions. Details are as under.

1. Suggestive questions
 In witness examination, suggestive questions are such questions which suggest the witness
to give a suggestive answer is regarded as leading questions

2. Assuming questions
 In witness examination, assuming questions are such questions which assumes the existence
of a dispute and witness has to testify such dispute, such question is regarded as leading
question

3. Answer is Yes or No
 In witness examination, such questions which are answered by witness by saying yes or no,
is regarded as leading question.

 But a common misconception is that a question which can be answered with "yes" or
"no" is a leading question. This is not necessarily true. For example, "Are you a
second year law student?" is not leading question
5. Exceptions to leading question
Following are the exceptions to leading questions. Details are as under.

1. Witness is reluctant to testify

 Under the provision of law, leading questions are allowed during the direct examination of
witness, if the witness is reluctant to testify the facts

2. Witness has lost memory

 Under the provision of law, leading questions are allowed during the direct examination of
witness, if the witness has lost is memory and needs that some questions to be put to assist
his memory to testify the facts

3. Witness has lost identification of persons

 Under the provision of law, leading questions are allowed during the direct examination of
witness, if the witness has lost the identification of persons involved in the matter, and
needs that some questions to be put to assist his memory to identify the persons

4. Complicated matter
 Under the provision of law, leading questions are allowed during the direct examination of
witness, if the matter is too complicated about which a witness is being examined.

5. Undisputed matter
 Under the provision of law, leading questions are allowed during the direct examination of
witness, and questions to may be asked upon matters which are undisputed matters such as
witness’s age, business etc.

6. How to avoid from leading questions

Following are the ways to avoid leading questions. Details are as under.

1. Unable to understand the questions

 It is a way to avoid leading questions that witness is unable to understand the questions
which are being put to him

2. Unable to recall the answers

 It is a way to avoid leading questions that witness understands the questions which are
being put to him but unable to recall the answers timely.

3. Unable to complete the answers

  It is a way to avoid leading questions that witness understands the questions which are
being put to him but unable to complete the answers timely.

4. Giving damage answers

 It is a way to avoid leading questions that witness gives the damage answers of the
questions which are being put to him

5. Becomes anxious
 It is a way to avoid leading questions that witness becomes anxious after putting the
questions by the examiner

6. Poor memory
 It is a way to avoid leading questions that witness has poor memory and unable to recall the
answers

7. Leading question by a party to his own witness

 As a basic rule that the leading questions are not allowed to put during the direct
examination of witness, any of the party is also not allowed to put questions to his own
witness. But under some circumstances whenever a witness gives adverse answers to his
own party, in this case the court on his own discretion, permits the party to put any question
to his own witness and treat him as a witness of opposite party.

8. Court’s discretion
 It is the discretion of the court , whether it allows to put leading questions from a witness or
not, it depends on the court and allows whenever the court thinks fit for provision of justice

9. Conclusion
 To conclude I can say that leading questions can only be asked during the cross examination
of witness but these are not allowed in the direct examination of the witness. Leading
questions are such questions which lead witness to give answer of the examiner as he is
expecting from witness. These questions are necessary to understand the facts and to save to
court’s time.
Q # 9: Explain term judicial notice. State the facts about which
court can take judicial notice?
1. Introduction
 Judicial notice is issued by a court when court declares any fact as evidence as true without
presentation of further proof. A court can take judicial notice of indisputable facts, which are
so true such as official record of courts, times of sunset and sunrise, known historic events
which are so true and there is no need to establish any evidence to prove them.

2. Relevant Provision
 Article 111 to 133 of Qanoon e Shahadat deals judicial notice.

3. Definition of Judicial notice

 Judicial notice is a doctrine where a court accepts a fact as evidence as true without
presentation of further proof

4. General Rule
 It is a general rule that all the facts which are being presented by the parties in the court for
determination should be proved for smooth judicial proceedings.

5. Facts where court can take judicial notice

Following are the facts where court can take judicial notice under the provision of Qanoon e
Shahadat Order.

1. Pakistani Laws
 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of Pakistani laws which are prevailed in all over the Pakistan, they are either written,
unwritten or customary laws

2. Armed Forces laws

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of Armed forces law which are prevailed in all over the Pakistan, in Naval, Marine or
Land armed forces.

3. Public officer’s acts

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of all the public officer’s acts which are being performed by them in accordance with
their job description.

4. Public acts
  Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of all the public acts which have been notified in the official gazette.

5. Public Festivals and holidays

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of all the public festivals and holidays which have been passed by Parliament

6. Territorial areas of Pakistan

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of the territorial area of Pakistan which comes under the geographical map of
Pakistan.

7. Rules of Roads of Pakistan

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of rules of roads of Pakistan that all the drives shall overtake from the right hand of
driver

8. Seals of court
 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of all the seals of all the court of Pakistan and the courts which are established
outside the Pakistan by the Federal Government of Pakistan.

9. Public Notary
 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of all the public notaries who have been authorized by the government under the
provision of constitution

10. National flag

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of existence, name of national flag which is recognized by the government of Pakistan

11. International division of time

 Under the provision of Qanoon e Shahadat Order, all the courts of law can take judicial
notice of international division of times which has been divided by the government of
Pakistan.

6. Application of rule of Judicial Notice

Under Article 113 of Qanoon e Shahadat Order, the rule of judicial notice is applied in the
following cases.

1. Criminal Cases
  Under article 113 of Qanoon e Shahadat Order, the rule of judicial notice is applied in all
criminal cases.

2. Civil cases
 Under article 113 of Qanoon e Shahadat Order, the rule of judicial notice is applied in all civil
cases.
7. Objectives of Judicial notice
Following are the objectives of judicial notice. Details are as under.

1. Save time
 Primary objective of the judicial notice is to save the time of court as well as the time of
party, that’s why some well-known facts are not proved by the courts.

2. Save expenses
 Secondary objective of the judicial notice is to save the expenses of the parties to a case,
that’s why some well-known facts are not proved by the courts.

3. Convenience of party
 Third objective of the judicial notice is convenience of the parties, that’s why some well-
known facts are not proved by the courts.

4. Expediency
 Forth objective of the judicial notice is to expediency to decide the cases before the courts,
that’s why some well-known facts are not proved by the courts.

8. Conclusion
 To conclude I can say that it is a general rule that all the facts which are being presented in
the court for determination should be proved but under article 113 of QSO, there is an
exception to this rule where court can take judicial notice of all the facts which are not
necessary to be proved because they are so clear and true in their very nature.
Q # 10: What do you understand by the term hostile witness? Can
the party calling the witness cross examine him and for what
purpose?
1. Introduction
 Under the Qanoon e Shahadat, such witness is referred as hostile witness who refuses to tell
the truth in a court of law or he opens his mouth against the party who called him as a
witness. Where a party to a case believes that the witness will provide similar evidence to the
court as it was provided in his pretrial statement. But if the witness then refuses
to answer questions, the party who called that witness can ask the judge to declare the
witness hostile.

2. Relevant Provision
 Article 150 of Qanoon e Shahadat deals with hostile witness.

3. Definition of Judicial notice

 A witness who refuses to tell the truth in the court or opens his mouth against the party who
has called him as a witness, is known as hostile witness

4. Who can declare a witness as hostile

 A judge is a person who has an authority to declare any witness as hostile on the request of
the party who has called him for testimony. Such witness is declared as hostile where judge
finds that witness is concealing the facts related to the case, and is not willing to tell the truth
to the court, in this case judge declares the witness as hostile

5. What is a Hostile Witness?

 Hostile witness is such witness who appears to refusing to tell the truth in the court of law or
gives statement against the party who has called him as a witness. Witness gives statement
which is relevant to a particular case; such statement is known as “pre-trial statements,”
where witness agrees to give his statement in the court at the trial.
 A witness is declared as hostile by court on the request of the party who has called him as
witness, whenever his statement gets changed from his pre-trial statement. s

6. What happens when witness is declared hostile

 A witness is declared as hostile, when is contradicts with his pre-trial statement while on the
witness stand. When an advocate suspects a witness of being hostile, he makes an
application to the judge to declare the witness as hostile. If the judge agrees then the jury is
made aware that the witness has made a statement that is contradicted from the one he had
made previously.
7. Cross examine by a party to his own witness
 As a basic rule that the cross examine is not allowed by a party to his own witness,. But under
some circumstances whenever a witness gives adverse answers to his own party, in this case
the court on his own discretion, permits the party to put any question to his own witness and
treat him as a witness of opposite party.

8. Conditions of cross examination

Following are the conditions of cross examination. Details are as under.

1. Varying the facts

 Under the provision of QSO, witness can be cross examined if he is trying to vary the facts
of the case, in this case the judge can grant a party to examine his own witness

2. Concealing the truth

 Under the provision of QSO, witness can be cross examined if he is concealing the truth
and refusing to tell the truth to the court, in this case the judge can grant a party to
examine his own witness

3. Enmity against the party who has called

 Under the provision of QSO, witness can be cross examined if he has enmity against the
party who has called him as witness of a case, in this case the judge can grant a party to
examine his own witness

9. Value of statement of hostile witness

Value of the statement of the hostile witness is as under.

1. Usefulness
 Under the rule of law, if any witness who has been declared as hostile by the judge, in
this case usefulness of the statement of the witness cannot be disregarded for the reason
that he was declared hostile

2. Reliability
 Under the rule of law, if any witness who has been declared as hostile by the judge, in
this case reliability of the statement of the witness cannot be disregarded for the reason
that he was declared hostile

3. Credibility
 Under the rule of law, if any witness who has been declared as hostile by the judge, in
this case credibility of the statement of the witness cannot be disregarded for the reason
that he was declared hostile
10. How a witness can avoid from leading questions
Following are the ways when a witness can avoid leading questions. Details are as under.

1. Unable to understand the questions

 It is a way to avoid leading questions that witness is unable to understand the questions
which are being put to him

2. Unable to recall the answers

 It is a way to avoid leading questions that witness understands the questions which are
being put to him but unable to recall the answers timely.

3. Unable to complete the answers

 It is a way to avoid leading questions that witness understands the questions which are
being put to him but unable to complete the answers timely.

4. Giving damage answers

 It is a way to avoid leading questions that witness gives the damage answers of the
questions which are being put to him

5. Becomes anxious
 It is a way to avoid leading questions that witness becomes anxious after putting the
questions by the examiner

6. Poor memory
 It is a way to avoid leading questions that witness has poor memory and unable to recall the
answers

11.Court’s discretion
 It is the discretion of the court, whether it allows to cross examine from a witness or not, the
prosecution cannot cross examine of his own witness until court grants it.

12.Conclusion
 To conclude I can say that there is a general rule that no witness can be cross examined by
any party until he is proved adverse to his party, and advocate of that party makes an
application to the judge to declare their witness as hostile, if judges declares the witness as
hostile, in this case he can be examined by his own party
Q # 11: Explain the public documents and private documents?
How a public document can be proved and distinguish between
two.
1. Introduction
 Under Qanoon e shahadat, evidence provided in the written form is called documentary
evidence. Such documents are divided into Public documents and Private documents. While
the public documents are those documents which include the interests of the public at large
the private documents are those documents which include the interests of the concerned
persons only.

2. Relevant Provision
 Article 85 to 89 of Qanoon e Shahadat deals with private and public documents.

3. Definition of Private documents

 Private documents are those documents which include the interests of the concerned
persons only and are written by private persons and are admissible as evidence.

 Example
Following are the examples of private documents.

1. Contract of sale
2. Contract of lease
3. Power of attorney

4. Proof of private document

 Private document can be proved by provision of certified copy of document or by provision
of original document. Private document is admissible only in the cases which have been
mentioned under Article 76 of Qanoon e Shahadat.

5. Definition of public document

 Public documents are those documents which include the interests of the public at large and
are written by public officers and are admissible as evidence.

 Example
Following are the examples of private documents.

1. FIR
2. Census report
3. Village records
4. Birth and death register.
6. Proof of Public Documents
Following are the ways by which a public document may be proved. Details are as under.

1. Certified copy
 Public document can be proved by certified copy which is issued by an officer who has
the custody of original document and it is presumed as genuine
2. Official gazette
 Public document can be proved by official gazette if it is kept in proper custody and it is
presumed as genuine

3. Newspaper
 Public document can be proved by newspaper if it is kept in proper custody and it is
presumed as genuine

4. Notifications of the government

 Notifications of the federal government or provincial government can be proved by the
journals who have published the notifications by their own authority or by the order of
concerned government

5. Executive acts
 The acts of the executives can be proved by the journals who have published the details
of acts by their own authority or by the order of the concerned government.

6. Municipal body acts

 The acts of the municipal body can be proved by the journals who have published the
details of acts of municipal body by their own authority or by the order of the concerned
government.

7. Proceedings of legislature
 The proceedings of legislature can be proved by the journals who have published the
details of proceedings of legislature by their own authority or by the order of the
concerned government.

7. Difference between public and private documents

Following are the differences between private and public documents. Details are as under.

1. As to Details
 Private documents contain the details of private matter
 Public documents contain the details of public matters
 2. As to interest
 Private document includes the interests of concerned persons only
 Public document includes the interests of public at large
3. As to custody
 Private document is remain under the custody of private person
 Public document is remain under the custody of special authority

4. As to preparation
 Private document is prepared by a private person
 Public document is prepared by public officer

5. As to proof
 Private document is proved by original document
 Public document is not proved by original document

6. As to issuance
 Private document are not issued to any person
 Public documents are issued to any person

8. Conclusion
 To conclude I can say the documentary evidence is a shape of evidence and it has two kinds
of evidence such as private documents and public documents, private document are those
documents which include the interests of the concerned persons and public document
includes the interests of the public at large. There are different modes to proof the public
and private documents under the law.
Q # 1: What are the qualities of a good lawyer?
1. Introduction
 To become a lawyer is meant to become a man of many hats. The School of law will teach
you some of the skills you need, but they can't teach character. In order to become a "good"
lawyer, you have to naturally have certain qualities. Some of these qualities you have
discovered within yourself in your time as a law student. Identification of these qualities will
help you to become a good lawyer.

2. Definition of Lawyer
 A lawyer is a person who defends and pleads before the courts to resolve the legal affair of
the clients is called lawyer

3. Qualities of a good lawyer

Following are the qualities of a good lawyer.

1. Communication Skills
 A good lawyer is such lawyer who has good communication skills and must be able to
argue in the courtroom before the judges and juries.

2. Writing Skills
 A good lawyer is such lawyer who has good writing skills and must be able to write all the
legal documents which may be used in the courtroom for evidence

3. Analytical Skills
 A good lawyer is such lawyer who has excellent analytical skills and is able to analyze a
large volume of information.

4. Interpersonal Skills
 A good lawyer is such lawyer who has excellent interpersonal skills and is able to develop
a trust worthy relationship with his colleagues, clients, or others persons who work with
him

5. Research Skills
 A good lawyer is such lawyer who has excellent research skills and is able find case laws,
precedents, and other references which may be very helpful to him and his clients

6. Public speaking skills

 A good lawyer is such lawyer who has excellent speaking skills and is able comfortably
speak in front of other groups as well as in the courtrooms.
 7. Negotiation skills
 A good lawyer is such lawyer who has excellent negotiation skills and is able to negotiate
all the facts, disputes, and all relevant matter of the case before the judges in order to
win the case.

8. Presentation Skills
 A good lawyer is such lawyer who has excellent presentation skills and is able to present
all the evidences, witnesses, and documents before the court when it is necessary to be
presented.

9. Listening skills
 A good lawyer is such lawyer who has excellent listening skills and is able to listen all the
arguments of the judges, jury or the arguments of the opponent party, so that may
proceed in the light of other’s arguments.

10. Innovative skills

 A good lawyer is such lawyer who has excellent innovative skills and is able to find the
reasonable solutions of the problems under different circumstances.

11. Client care

 A good lawyer is such lawyer who cares his clients and guides them professionally
because a client is a person who does not understand the legal procedures, so it is the
duty of a good lawyer who must guide and care his clients.

12. Understanding the client’s business

 A good lawyer is such lawyer who understands the nature of business of his clients, and is
able to understand what the clients are trying to achieve.

13. Loyalty with client

 A good lawyer is such lawyer who is loyal with his client and does not leak or share the
personal information of the client with anyone which may harm the client’s legal and
spiritual status.

14. To help poor clients

 A good lawyer is such lawyer who helps the poor clients who are unable to pay the fees
of litigation and seeking justice from the courts against violation of their rights. It is the
duty of good lawyer that he must fight their case without fees.

15. Self-Confidence
  A good lawyer is such lawyer who has self-confidence and able to present his case before
the judges and jury in the courtrooms without any hesitation.

16. Self-control
 A good lawyer is such lawyer who has good self-control and always remains cool, avoid
quarrels in the courtrooms and ignore the aggressive behavior of his colleagues, clients
or other members of the court who are working with him.

17. Good behavior

 A good lawyer is such lawyer who has good behavior towards his colleagues , clients, and
other persons who are working with him, and know about the professional ethics that
how to treat with others.

18. Not to mislead the court

 A good lawyer is such lawyer who never tries to mislead the court and always provide
authentic and reliable information from reliable sources, to the court so that good
outcomes may arise.

19. Maintain the dignity of court

 A good lawyer is such lawyer who always maintains the dignity of the court and judges
and gives respect to judges and court. Because his own respect is attached with courts’s
respect.

20. Perseverance (Sabit Qadam)

 A good lawyer is such lawyer who is working in legal profession must have perseverance,
because there a lot of cases which requires a lots of writing, research to get the job done.

4. Conclusion
 To conclude I can say that to become a good lawyer it is necessary to adopt all above
mentioned parameters, because an advocate who does not adopt only one parameter, he
cannot obtain the title of a good lawyer.
Q # 2: What are the rights and duties of an advocate with regard
to the court? Discuss in detail.
1. Introduction
 An advocate is an officer of court who is advisor, representative and partner in all legal
matters. The professional duties of a lawyer are regulated by law in the constitution of
Islamic Republic of Pakistan Lawyers' Code. A lawyer is authorized to represent parties before
all courts and public authorities of the Pakistan to deal public and private matters of the
clients

2. Definition of Lawyer
 A lawyer is a person who defends and pleads before the courts to resolve the legal affair of
the clients is called lawyer

3. Rights of an Advocate with regard to Court

Following are the rights of an advocate with regard to court. Details are as under.

1. Right to practice
 According to section 22 of Legal Practitioners and Bar Council Act 1973, an advocate has
a right to practice in all courts of Pakistan to plead the judicial matters.

2. Right to collect fee

 An advocate has a right to collect fee from his client and proceed his case honestly in
order to obtain relief from the court.

3. Right to collect other fees

 An advocate has a right to collect all other fees which are imposed by the registry section
of the court, from his client

4. Right to appear in the courts

 An advocate has a right to appear in the courts of law for judicial proceedings of the
court for his client.

5. Right to advise his clients

 An advocate has a right to advise his clients on regular basis and represent them in the
judicial proceedings.

6. Right not to be arrested

 An advocate has a right, not be arrested in civil matters, other than by the orders of
tribunal for contempt of court.
 7. Right of appointment
 An advocate has a right of appointment if there are vacant posts in the courts under the
administrative rules.

8. Right of audience
 An advocate has a right of audience; he has to obtain the permission from the Bar so that
he may be appearing before the court.

 Definition of right of audience

 In common law, a right of audience is generally a right of a lawyer to appear and
conduct proceedings in court on behalf of their client.

4. Duties of an advocate with regard to Court

Following are the duties of an advocate with regard to court. Details are as under.

9. Not to mislead the court

 It is the duty of an advocate that he does not mislead the court and is under an
obligation to provide authentic and reliable information from reliable sources, to the
court so that good outcomes may arise.

10. Maintain the dignity of court

 It is the duty of an advocate that he must maintain the dignity of the court and judges
and is under an obligation to give respect to judges and court. Because his own respect is
attached with courts’ respect.

11. Keep him-self in legal limits

 It is the duty of an advocate that he must keep himself in the legal limits in order to
obtain relief for his client and keep himself away from any kind of violation of law.

12. Loyalty with client

 It is the duty of an advocate that he should be loyal with his client and does not leak or
share the personal information of the client with anyone which may harm the client’s
legal and spiritual status

13. Disclosure
 It is the duty of an advocate; he should tell you in writing that how much he will charge
you and about other expenses before he starts working for you. This is known as
disclosure.

14. Confidentiality
  It is the duty of an advocate that he must keep all the conversation, correspondence, and
documentations confidential and does not disclose them before irrelevant person.

15. Following instructions

 It is the duty of an advocate that he cannot make any decision without your instructions
and he is under an obligation to carry out your instructions promptly and efficiently in
accordance with the law.

16. Regular updates

 It is the duty of an advocate that he must update his client on regular basis on the
progress of your matter, in writing.

17. Submission of grievance

 It is the duty of an advocate that he must submit the grievance to the proper authorities
in a proper manner for administration of justice.

18. Handling your money

 It is the duty of an advocate that if he asks you to pay some of his fees in advance to
cover any expenses he experience during his work for you. This money must be held in
trust and cannot be paid to anybody for any expenses without your specific permission

5. Conclusion
 To conclude I can say that an advocate is a person who is authorized by the law to appear in
the court to present his clients and to resolve their private and public matters, in order to
obtain relief from the court. But some rights and duties have been imposed on advocates
under the light of rules related to lawyers. According to these rules all the advocates are
under an obligation to perform their duties accordingly.
Q # 3: What do you understand by professional misconduct of a
lawyer? What are the consequences if a lawyer is guilty of
misconduct?
1. Introduction
 A lawyer’s profession is meant a noble profession by all means. An advocate is under an
obligation to perform his duties according to the code of conduct, if he does something
unworthy and against the rules of law, it will be considered as misconduct. The lawyer should
not involve in professional misconduct because it will lower the dignity of the profession.

2. Definition of Lawyer
 A lawyer is a person who defends and pleads before the courts to resolve the legal affair of
the clients is called lawyer

3. Definition of misconduct
 Unacceptable and improper behavior of an advocate towards his profession which violates
the definite rules of law is called misconduct

4. Cases which are considered as misconduct

Following are the cases which are considered as misconduct of a lawyer. Details are as under.

1. Advertisement
 If a lawyer who advertises his services, experience and abilities of work in all branches of
law, it will be considered misconduct of an advocate.

2. No appearance
 If a lawyer does not appear in the courts at a specific time and date, it will be considered
misconduct of an advocate.

3. Appearance as witness
 If a lawyer who appears as witness in the court to give testimony against the opposite
party to win the case, it will be considered misconduct of an advocate.

4. Filing a false lawsuit

 If a lawyer who files a false lawsuit against someone to involve in litigation, such behavior
of a lawyer will become cause of lower the dignity of this profession and it will be
considered misconduct of an advocate.

5. Sharing the fruit of litigation

 If a lawyer who is sharing the fruit of litigation and makes a deal with client that he will
receive his fees on the percentage basis, it will be considered misconduct of an advocate
6. Attempt to influence to judge
 If a lawyer who is attempting to influence to the judge before whom he appears for
arguments, it will be considered misconduct of an advocate.

7. Offering bribe to judge

 If a lawyer who is offering bribe to the judge before whom he appears for argument, it
will be considered misconduct of an advocate.

8. Not speaking the truth

 If a lawyer who does not speak the truth in the courts and tries to mislead the courts, it
will be considered misconduct of an advocate.

9. Forcing the witness not to speak truth

 If a lawyer who is forcing the witness of the opposite party, not to speak the truth in the
court, it will be considered misconduct of an advocate.

10. Following Instructions of unknown

 If a lawyer who is following the instructions of such unknown person who is not an agent,
or not a relative of a client, in this case, it will be considered misconduct of an advocate.

11. Altering documents

 If a lawyer who alters the documents, in order to mislead the court or conceal the truth
from the court, it will be considered misconduct of an advocate.

12. Record tempering

 If a lawyer who tempers the records of the courts, in order to mislead the court or
conceal the truth from the court, it will be considered misconduct of an advocate.

13. Receiving Bribe

 If a lawyer who receives the bribe from the opposite party, and deceiving his client, it will
be considered misconduct of an advocate.

14. Misleading the clients

 If a lawyer who is misleading his clients and is not sharing the authentic information to
his client, it will be considered misconduct of an advocate.

15. Improper adjournment

 If a lawyer who willfully seeking adjournments in order to delay the course of justice, it
will be considered misconduct of an advocate.
5. Consequences of professional misconduct
Following are the consequences of professional misconduct of an advocate.

1. Reprimanded
 If any of advocates is found guilty of professional misconduct, in this case he will be
reprimanded from legal practices in the courts

2. Suspension
 If any of advocates is found guilty of professional misconduct, in this case he will be
suspended from legal practices in the courts

3. Removal
 If any of advocates is found guilty of professional misconduct, in this case he will be
removed from legal practices in the courts

6. Conclusion
 To conclude I can say that a lawyer should be an honest with his clients, with the courts, as
well as his profession, if any of advocates misconducts, such behavior of the advocate will
cause to low the dignity of this profession, under the provision of law, if an advocate is found
guilty of professional misconduct, in this case he shall be punished accordingly.