Competency of Witness Or Who May Testify and Number of Witnesses

1-Relevant Law

Article 3, 16, 17, 18.

2-Interpretation of Terms

I-Witness

A person who deposes some relevant facts.(Deposes means Statement on Oath)

II-Competency

Condition precedent to administer witness

III-Evidence

Evidence includes

All Statement which the court permit or requires to be made before it by witnesses in relation to matter of fact under inquiry, such Statement is called Oral Evidence.

3-Competency of Witness

All persons shall be competent to testify unless court consider that they are prevented from giving rational answers to those questions by

Tender years

Extreme old age

Disease whether body or mind

Any other cause of same kind

Provided that a person shall not be competent to testify if he has been convicted by a court fir perjury or giving false evidence UNLESS the court is satisfied that he has repented there after and mended his ways

A lunatic is not incompetent tobtestify unless he is prevented by his lunacy from understanding the question put to him and giving rational answers to them

4-Ingredients

Following are the ingredients,

i-All person are competent 

All person are competent to give evidence in the court except some restrictions mentioned the Article 3. All person means there is no discrimination of Male, Female, Muslim, Nom-Muslim. All are competent

ii-Satisfaction of the Court

To come in the category of a competent Witness satisfaction of the court is necessary. When court consider that Witness is competent and not prevented by any cause.

iii-Giving Rational Answers

The court satisfied that the Witness is not prevented from giving rational answers of the question that Witness is not prevented. 

iv-Understanding the Question Put to Witness

The question put to Witness and he is able to pick those question and giving rational answers of those question in consideration of the court. 

v-Causes Prevent Competency

There are some cause which prevent the Witness from giving evidence. These caues prevent the Witness from understanding the question put to him and from giving rational answers of those questions by Tender years, Extreme old age, Disease whether body or mind and any other cause of same kind.

vi-Incompetency of Witness

There are some cause mention under Article 3 of QSO which prevent the Witness to become a competent Witness. Besides those causes a person who is convicted by a court for perjury or giving false evidence unless that Witness had repented or mended his way.

vii-Testimony of a Lunatic

A lunatic is not an incompetent Witness or to testify UNLESS he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

5-Determination Competency of a Witness. 

The court shall determine the Competency of a witness in accordance with qualifications prescribed by induction of Islam as laid down in holly Quran and Sunnah fir Witness. 

6-Competency of an Accomplice.

An accomplice shall be competent Witness against an accused person EXCEPT

In case of a offence punishable with Hadd and Conviction is not illegal merely because it proceeds upon incorroborated testimony of accomplice.

7-Number of Witnesses PLD 2003 SC 31

I-Huddod Case

a-Zinal bil Jabr

Four eye Witnesses required in cases odmf Zina bil Jabr

b-All other cases

Two Witness required in all other case like,

Theft, Robbery, Qazf, Drinking etc.

c-Qulaificatin in Hudood Cases

A Muslim in hudood case must be a 

Male

Muslim

Adult

Tazkiya tush shahood

Sound Mind

II-Finance Matter

In matters pertaining to financial or future obligations if reduce to writing, instrument shall attested by

Two men Or

One man and two women

III-All Other Matters

In all other matters the court may accept or act on the testimony of

One man or one women or such other evidence as circumstance of the case may warrant.

IV-Quantum of Evidence 1980 PCrLJ 898

It is not the number Witness which is important but the quality of evidence which is to be considered. 

Conclusion.