QSO 1984 § Article 129 — Court may presume existence of certain facts

Statutory text (English)

The Court may presume the
existence of any fact which it thinks likely to have happened, regard being had to the
common course of natural events, human conduct and public and private business, in their
relation to the facts of the particular case.
Illustrations
The Court may presume—
(a) that a man who is in possession of stolen goods soon after the theft is either the
thief or has received the goods knowing them to be stolen, unless he can account
for his possession ;
(b) that an accomplice is unworthy of credit, unless he is corroborated in material
particulars ;
(c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good
consideration ;
(d) that a thing or state of things which has been shown to be in existence within a
period shorter than that within which such things or states of things usually cease
to exist, is still in existence ;
(e) that judicial and official acts have been regularly performed ;
(f) that the common course of business has been followed in particular cases;
(g) that evidence which could be and is not produced would, if produced, be
unfavourable to the person who withholds it ;
(h) that, if a man refuses to answer a question which he is not compelled to answer by
law, the answer, if given, would be unfavourable to him
(i) that when a document creating an obligation is in the hands of the obligor,
the obligation has been discharged.
But the Court shall also have regard to such facts as the following, in considering whether
such maxims do or do not apply to the particular case before it;
as to illustration (a).—a shopkeeper has in his till marked rupee soon after it was
stolen, and cannot account for its possession specifically, but is continually
receiving rupees in the course of his business ;
as to illustration (b).—A, person of the highest character, is tried for causing a
man's death by an act of negligence in arranging certain machinery, B, a person of
equally good character, who also took part in the arrangement, describes precisely
what was done, and admits and explains the common carelessness of A and
himself ;
as to illustration (b).—a, crime is committed by several persons. A, B and C, three
of the criminals, are captured on the shop and kept apart from each other. Each
gives an account of the crime implicating D, and the accounts corroborate each
other in such a manner as to render previous concert highly improbable;
as to illustration (c).—A. the drawer of a bill of exchange, was a man of business.
B; the acceptor, was a young and ignorant person, completely under A's influence;
as to illustration (d).—It is proved that a river ran in a certain course five years
ago, but it is known that there have been floods since that time which might
change its course ;
as to illustration (e).—a judicial act, the regularity of which is in question, was
performed under exceptional circumstances ;
as to illustration (f).—the question is, whether a letter was received. It is shown to
have been posted, but the usual course of the post was Interrupted by
disturbances;
as to illustration (g).—a man refuses to produce a document which would bear on
a contract of small importance on which he is sued, but which might also injure
the feelings and reputation of his family;
as to illustration (h).—a man refuses to answer a question which he is not
compelled by law to answer, but the answer to it might cause loss to him in
matters unconnected with the matter in relation to which it is asked ;
as to illustration (i).— a bond is in possession of the obligor, but the
circumstances of the case are such that he may have stolen it.

Source and verification

Source citation: Qanun-e-Shahadat Order, 1984 (P.O. No. X of 1984) Art. 129: Pakistan Code portal consolidated official PDF 'THE QANUN-E-SHAHADAT ORDER 1984 (LAW OF EVIDENCE)' (P.O. No. X of 1984, last amended 2017-02-16 incl. Act No. IV of 2017), p. 57, 58, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 57, 58) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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