Article 46 is an exception to the general rule of:
- Best evidence
- Exclusion of hearsay
- Estoppel
- Burden of proof
Explanation
Article 46 makes certain statements of deceased/unavailable persons relevant.
uch statements may be relevant when they fall within specified circumstances, such as:
- A statement made by a person as to the cause of their death.
- A statement made in the ordinary course of business.
- A statement against the person's pecuniary or proprietary interest.
- A statement concerning a public right, custom, or matter of general interest.
- A statement relating to relationship by blood, marriage, or adoption, where the person had special means of knowledge.
- Statements concerning family affairs, made before the dispute arose.
Related MCQs
- Where fraud is involved
- In all cases without exception
- Against a minor in appropriate circumstances
- Where law expressly prevents its operation
اس سوال کو وضاحت کے ساتھ پڑھیں
- Judicial record
- Official register
- Power of attorney
- Record of a public officer
اس سوال کو وضاحت کے ساتھ پڑھیں
- Convicted
- Acquitted
- Remanded
- Discharged automatically in every case
اس سوال کو وضاحت کے ساتھ پڑھیں
- Admission relates only to criminal cases
- Confession can only be documentary
- Admission may be made in civil or criminal proceedings
- Admission and confession are always identical
اس سوال کو وضاحت کے ساتھ پڑھیں
- Court
- Investigation officer
- Police
- Prosecutor
اس سوال کو وضاحت کے ساتھ پڑھیں
