USE OF ARTICLE 164 QANUN-E-SHAHADAT ORDER, 1984 IN CRIMINAL JUSTICE SYSTEM OF PAKISTAN

Abstract

The use of digital technologies and electronic evidence has now become an important part of criminal justice system of Pakistan, in the context of Pakistan's cybercrime, terrorism, financial fraud, communication crimes in electronic communication, and technology-related harm. This was a major advancement for the courts in admitting evidence generated through the use of modern equipment as compared to the traditional rules of evidence that emphasized oral and physical evidence in Article 164 of the Qanun-e-Shahadat Order 1984. While the provision outlines the enabling framework, there are numerous practical challenges in terms of reliability and admissibility to consider, such as authenticity, chain of custody, forensic analysis, and understanding of the judiciary system of the evolving digital technologies. In this paper, the focus is on some aspects of the interpretation, drafting, and implementation of Article 164 in the Pakistani legal system and on the case law and comparative practice, which will help identify the institutional barriers and process deficiencies. It means that digital evidence must be more precisely statutory, and have strong technical capacity, it must be specifically trained, and it must be standardized forensic practice, to achieve the evidentiary integrity, due-process rights, and fair and transparent administration of justice.