Reassessing the Burden of Proof under Pakistan’s Qanun-e-Shahadat Order, 1984: A Doctrinal Analysis

This research paper critically examines the burden of proof under the Qanun-e-Shahadat Order (QSO) 1984 by analyzing relevant laws and jurisprudence developed in this context. It argues that though common law principles of initial burden are consistent with Articles 117-118, yet statutory presumptions as enshrined in Articles 119-129 pose risks of unjustifiably transferring the burden of proof to defendants. The refusal of the courts to receive electronic evidence also diminishes the value of adjudication. Comparative analysis reveals that, as compared to Indian and Western jurisdictions, the courts in Pakistan has been reluctant in developing an evidentiary framework. This sheds light on the weaknesses of doctrines in the QSO mainly ambiguity, imperviousness to contemporary framework of evidences, and lack of comparative flexibility. It asserts the need for law amendment which is required to be in conformation with modern concept of evidentiary practice of justice.