Criminology and Criminal Justice System

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.

BS Criminology and Criminal Justice System
HEC approved Course

Title of the Course
Islamic Perspective on Crime and Punishment

Original Course Outline
Introduction
i) Definition
ii) Difference between Crime and Sin
iii) Concept of crime in secular and Islamic systems

New Suggested Additions:
iv) Contemporary Relevance of Crime Concepts
Discuss how modern crimes (like cybercrime, financial fraud, domestic violence) are classified under Islamic principles.
Explore how moral and legal boundaries interact in modern society.
Show relevance of Islamic definitions of crime and sin in today’s legal and social context.

v) Comparative Perspective
Short comparison: Islamic vs modern secular criminal system on what counts as crime and punishment.
Highlight where modern laws align or differ from Islamic ethics.

BS Criminology and Criminal Justice System
HEC approved Course

Title of the Course
Islamic Perspective on Crime and Punishment

Credit Hours: 3

Specific Objectives of the Course
This course aims to provide a basic conceptual understanding of sin and crime in relation to Divine laws. It seeks to develop students’ understanding of Islamic sources of criminal law and punishment. The course further explains the principles and procedures of Islamic criminal justice, including rules of evidence and modes of proof. It also highlights the concept and scope of human rights in Islam, enabling students to appreciate Islamic criminal law as a comprehensive system based on justice, fairness, and moral responsibility.

Course Outline
1. Introduction
i) Definition
ii) Difference between Crime and Sin
iii) Concept of crime in secular and Islamic systems

2. Sources of Islamic Criminal Law
i) The Holy Quran
ii) The Sunnah
iii) Ijtehad (Consensus)
iv) Qiyas (Judicial Analogy)

3. Crime and Punishment in Islam
i) Hudood (Fixed punishments)
ii) Qisas-o-Diyat (Retaliation or blood money)
iii) Tazir (Chastisement or discretionary punishment)

4. Islamic Criminal Procedure
i) Equality and Islamic justice
ii) Modes of proof for conviction
iii) Islamic law of evidence

5. Human Rights in Islam
i) The Last Sermon of the Prophet Muhammad (ﷺ)
ii) Universal Islamic Declaration of Human Rights (Islamic Council, 1981)

BS Criminology and Criminal Justice System

MPhil in Criminology and Criminal Justice System

Exciting news! Admissions are now open for the BS Criminology and Criminal Justice System and MPhil in Criminology and Criminal Justice System. If you are passionate about justice, human behavior, and societal change, this is your chance to advance your knowledge and skills. Don’t miss out—apply now and take the next step toward becoming a leader in the field of Criminology and Criminal Justice!

Some days, I reflect on why I chose Criminology.

Not because it is the easiest field.
Not because the answers are always clear.
But because it challenges me to look beyond what is visible and understand the deeper realities of society.

Criminology is not simply the study of crime. It is the study of people, justice, inequality, social structures, human behavior, and the factors that influence choices and opportunities.

This journey has taught me that true education goes far beyond earning a degree. It is about developing the courage to ask difficult questions, think critically, seek solutions, and contribute positively to society.

There have been moments of uncertainty and challenges along the way. Yet every experience has strengthened my perspective and reinforced my commitment to learning and growth.

As I continue this journey, I aim to expand my knowledge, strengthen my research and analytical abilities, deepen my understanding of justice, security, and public policy, and become a professional who creates meaningful impact wherever I serve.

The road ahead is still unfolding, but I am grateful for every lesson, every challenge, and every step that has brought me this far.

To every student and graduate navigating their own path: trust the process, stay consistent, and keep moving forward. Progress may seem slow at times, but growth is happening every single day.

📚 Courses Taught (BS Criminology & Criminal Justice System) 🎓

I have had the opportunity to teach the following courses in the BS Criminology and Criminal Justice System program. These subjects have helped me engage with students on key areas of criminology, law, and social issues, strengthening both academic understanding and practical insight in the field.

Courses include:

Organized Crime and Money Laundering (Semester 7)
Social Problems of Pakistan (Semester 3)
Forensic Criminology (Semester 6)
Procedure of Evidence in Criminal Law (Semester 7)
Victimology (Semester 7)
Women and Crime (Semester 8)
Peace and Conflict Studies (Semester 6)
Islamic Perspective on Crime and Punishment (Semester 4)
History of South Asia (Semester 1)

Program: BS Criminology and Criminal Justice System
Institution: University of Lahore

Grateful for this academic journey and the opportunity to contribute to students’ learning and development in the field of criminology. 📖✨

📢 Important Announcement for Admission – MPhil Criminology & Criminal Justice System 🎓

Students who want to get admission in MPhil Criminology & Criminal Justice System for Fall 2026 are advised to start preparing for the HEC GRE/HAT General and Subject Tests.

From Fall 2026, admissions in universities will be based on HEC GRE/HAT General and Subject Test scores.

✅ Required Qualifying Score:
• MPhil Criminology & Criminal Justice System: 50%
• PhD: 60%

Start your preparation on time and secure your admission in your desired program. 📚✨

Alhamdulillah! ✨
Proud to share that our research paper titled “CCTV Evidence and the Law: The Emergence of the Silent Witness Doctrine in State v. Zahir Jaffer” has been officially published in the [Policy Journal of Social Science Review] https://policyjssr.com/index.php/PJSSR/article/view/953/972

📖 Published In: Volume 4, Issue 5 (11-5-2026)
📄 DOI: [https://doi.org/10.5281/zenodo.20177854]

👨‍🏫 Authors:
• Dr. Usman Hameed — Professor/HoD, Department of Criminology, University of Lahore
• Ali Shahid — Lecturer in Law, Grand Asian University
• Saima Noor — Lecturer, Department of Criminology, University of Lahore

This research highlights the growing importance of CCTV and digital evidence in the criminal justice system and discusses the emergence of the Silent Witness Doctrine in State v. Zahir Jaffer.

Grateful for this academic milestone and looking forward to contributing more to the fields of criminology and law. 🌸

View of CCTV EVIDENCE AND THE LAW: THE EMERGENCE OF THE SILENT WITNESS DOCTRINE IN STATE V. ZAHIR JAFFER

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