++++++ QANOON-E-SHADAT ORDER, 1984 +++++++
=============================================
=============================================

Qanoon-e-shadat order 1984 is acode of rules and laws which provides guidelines in the field of evidences, to the effect to finish ambiguity in cases and to bring the court at the right conclusion of justice.

The object of Qanoon -e- shadat order is to provide structure, to the effect that any fact intended to be established has to be in accordance with scheme and rules oe Qanoon-e-shadat, and if any argument which is based on plausibility and on mere presumptions would have no effect.

The aim of Qanoon-e-shahadat is to revise , amend and consolidate the law of evidence, so as to bring it in conformity with the injunctions of islam as laid down in the Holly Quran and Sunnah.

The qanoon-e-shahadat order 1984, applies to all judicial proceedings, e.g, civil proceedings, criminal proceedings, etc before any court, but it does not apply to proceedings which are not judicial.

It can be concluded that Qanoon-e-shadat order provides rules, kinds, types of evidences and the manner of recording evidences of witnesses as well as consideration of documents in evidence, etc.

================================================== ================================================== ======================================


DYING DECLARATION:
------------------------------------------------------------
------------------------------------------------------------

Dying declaration means such statement, which is given by the dying person. inother words dying declaration is a staement made by a person as to the cause of his death, or as to any of the circumstances of the transaction, which resulted in his death.


WHEN STATEMENTS RELATE TO CAUSE OF DEATH:
===============================================

According to article (46) sub-article (1), " Statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question, such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question".


ESSENTIAL CONDITIONS:
===========================

To admit dying declaration in evidence, the following necessary conditions must be proved:

1. When statement made by a person as to the cause of his death or to any of the circumstances of the transaction which resulted in his death.

2. When statement made by a person in cases in which the cause of that person's death comes into question and not of another person.

3. statement made by a person must be competent to testify as a witness under article 3 of qanoon-e-shahadat order

4. A dying declaration is only admissible in evidence when it is proved that the death of the declarant was caused or accelerated by the wounds inflicted by the accused.

5. Before a statement is admitted as dying declaration, it must be proved that the person who made he is dead.

6. Dying declaration must be complete.



EVIDENTIARY VALUE OF DYING DECLARATION.
==============================================


Dying declaration is a substantive piece of evidence and can be used against the accused, when there is nothing to suggest that the deceased had substituted an innocent person in place of real culprit. so dying declaration when deliberately made under a solemn sense of impending death and under circumstances wherein the deceased is not likely to be mistaken, is worthy of great weight. But, dying declaration which is incomplete and partly touched-up by interested parties cannot be relied upon .



HOW IT IS PROVED
===================================


A dying declaration is admissible whether it has been reduced to writing or not. If it has been recoreded by a magistrate , who is not a committing magistrate, it must be proved by calling the magistrate as a witness. If it has been recorded by the magistrate in the presence of the accused under section 164 and 364 of criminal procedure code, there arises no necessity of producing evidence to prove it.
If it has not been reduced in to writing in such case it may be proved by the person to whom it was made or who heard it.


CONCLUSION
===================

It is summed up, that the injured person, who is dead, is generally the principle witness and is likely to know more than any other person about the cause of his death. So if an injured person has stated something about the criminal act, which has made against him, is called dying declaration.