Admissibility of Audio and Video Evidence in Pakistani Courts

P L D 2019 Supreme Court 675

Admissibility of Audio and Video Evidence in Pakistani Courts


Main Points:

• Courts have discretion to allow audio or video evidence under Article 164 of the Qanun-e-Shahadat Order, 1984.
• Evidence must meet strict requirements to be considered admissible.

Requirements for Admissibility:

1. Genuineness: Evidence must be proven authentic and unaltered.
2. Forensic Report: A report from a Provincial Forensic Science Agency analyst is generally admissible.
3. Compliance with Evidence Laws: Evidence must align with applicable laws of evidence.
4. Accuracy: Accuracy of the recording must be established, ruling out tampering.
5. Actual Record: The recording must be the actual record of the event or conversation.
6. Production of Recorder: The person who made the recording must be present in court.
7. Production of Recording: The recorder must personally produce the recording.
8. Playback in Court: The recording must be played in court for examination.
9. Clarity: The recording must be clearly audible or viewable.
10. Identification of Voices/Persons: Individuals in the recording must be properly identified.
11. Relevance: The evidence must be relevant to the case and otherwise admissible.
12. Safe Custody: Secure storage of the recording from creation to court presentation must be proven.
13. Independent Transcript: A transcript must be prepared under independent supervision.
14. Recorder's Role: The recorder should typically record as part of routine duties, not to entrap.
15. Source Disclosure: The source of the recording must be revealed.
16. Acquisition Date: The date the recording was obtained must be disclosed.
17. Suspicion of Late Production: Recordings introduced late in proceedings may be viewed with suspicion.
18. Formal Application: A formal application to admit the recording must be filed with the court.