05/06/2026
Use of Modern Devices in Criminal Trial and Expert Evidence
(Article 164 QSO & Article 59 QSO)
1.Introduction
With the advancement of science and technology, criminal investigations and trials increasingly rely on modern devices such as DNA profiling, CCTV footage, mobile phone data, call detail records (CDRs), voice analysis, digital forensics, and biometric evidence. Recognizing this shift, the Qanun-e-Shahadat Order, 1984 provides a legal framework under Article 164 and Article 59 to admit and evaluate evidence produced through modern techniques and expert analysis. These provisions play a vital role in enhancing the accuracy, reliability, and credibility of criminal trials in Pakistan.
2.Article 164 QSO: Evidence Produced by Modern Devices or Techniques
i.Legal Text (Substance)
Article 164 empowers the court to allow evidence produced through modern devices or techniques, even if such evidence is not specifically mentioned elsewhere in the QSO, provided the court is satisfied that the evidence is relevant and reliable.
ii.Scope and Application
Article 164 serves as an enabling provision, allowing courts to adapt to scientific and technological developments. Under this article, courts may admit:
DNA profiling reports
CCTV and surveillance footage
Mobile phone data and CDRs
Digital evidence (emails, WhatsApp chats, social media data)
Audio and video recordings
Computer-generated documents
Forensic laboratory reports
iii.Role in Exhibiting Forensic Evidence
Forensic evidence is exhibited under Article 164 by:
Producing the electronic or scientific material (e.g., DNA report, CCTV footage).
Establishing authenticity, often through certification, chain of custody, and safe handling.
Supporting the evidence through expert testimony, usually under Article 59 QSO.
Judicial satisfaction regarding accuracy, reliability, and relevance.
Pakistani courts have repeatedly held that Article 164 allows flexibility, but mere production is not sufficient; procedural safeguards and expert explanation are essential.
3.Article 59 QSO: Expert Evidence
a.Legal Text (Substance)
Article 59 allows the court to rely on the opinion of experts in matters relating to:
Science
Art
Foreign law
Identity of handwriting or fingerprints
Medical and forensic sciences
An expert is a person specially skilled in the relevant field due to education, training, or experience.
b.Importance in Criminal Trials
Expert evidence becomes crucial where the court lacks technical knowledge. In cases involving forensic science, expert testimony helps the court understand:
DNA matching procedures
Autopsy findings
Cause and time of death
Ballistic comparisons
Digital data extraction methods
Voice and handwriting analysis
Role in Exhibiting Forensic Evidence
Forensic evidence is formally exhibited through:
Submission of a forensic report (e.g., PFSA or PMD report).
Examination of the expert witness who conducted or supervised the analysis.
Explanation of scientific methodology, accuracy, and limitations.
Cross-examination to test credibility and neutrality.
The courts treat expert opinion as corroborative, not conclusive, and usually seek independent supporting evidence.
4.Combined Use of Article 164 and Article 59 QSO
In practice, Article 164 and Article 59 operate together:
Article 164 permits the admissibility of evidence produced through modern devices.
Article 59 determines the probative value of such evidence through expert opinion.
Example
A DNA report is admitted under Article 164 QSO as evidence produced through a modern scientific technique.
The forensic scientist who conducted the DNA test testifies under Article 59 QSO to explain the procedure and results.
The court evaluates the evidence considering both technical reliability and legal safeguards.
5.Judicial Approach in Pakistan
Pakistani courts have emphasized that:
Forensic evidence must be properly collected, preserved, and analyzed.
Chain of custody must be proved.
Expert evidence cannot replace direct evidence but can strongly corroborate it.
Doubt arising from improper handling or lack of expert explanation can weaken the prosecution case.
Conclusion
Article 164 and Article 59 of the Qanun-e-Shahadat Order provide a comprehensive legal basis for incorporating modern forensic and technological evidence into criminal trials in Pakistan. While Article 164 facilitates the admissibility of evidence produced through modern devices, Article 59 ensures that such evidence is scientifically interpreted through qualified experts. Together, these provisions enhance the quality of justice by promoting accurate fact-finding, reducing reliance on confessions, and strengthening conviction rates—provided procedural and scientific standards are strictly followed.
