Legal Definitions and Differences (Part 3): Evidence, Confession, Admission, Burden of Proof and Other Terms of Evidence Law

By Justify.pk Editorial Team | Reviewed by Zeshan Haider Advocate

Dear students, a case is won not by what is true but by what is proved. That single sentence is the gateway to the law of evidence. In Pakistan, that law is the Qanun-e-Shahadat Order 1984 (QSO), which replaced the Evidence Act, 1872. Today’s lecture explains its core vocabulary: the difference between confession and admission, what counts as evidence, how facts are proved, the burden of proof in Pakistan, and how witnesses are examined.

Key Points at a Glance

• Evidence (شہادت) is the means of proof; proof (ثبوت) is the result the court reaches.
• An admission (اقرار) is any statement suggesting an inference against its maker; a confession (اعترافِ جرم) is an admission of guilt by an accused in a criminal case.
• A confession to a police officer cannot be proved against the accused (Art. 38); a judicial confession is recorded by a magistrate under s. 164 CrPC.
• Oral evidence must be direct (Art. 71); hearsay is excluded, with exceptions such as the dying declaration (Art. 46).
• Documents are proved by primary evidence; secondary evidence only in listed cases (Arts. 73–76).
• The burden of proof lies on the person who asserts a fact (Art. 117).

What is the difference between a confession and an admission?

An admission is any statement by a party suggesting an inference about a relevant fact, in civil or criminal cases (Art. 30 QSO). A confession is an admission of guilt by an accused in a criminal case and is governed by Articles 37 to 43.

Is a confession to the police valid in Pakistan?

No. Under Article 38 of the Qanun-e-Shahadat Order, a confession made to a police officer cannot be proved against the accused. Only information that leads to a discovery may be proved under Article 40.

What is a dying declaration?

A statement by a person, since deceased, about the cause of his death, admissible under Article 46(1) QSO. The Supreme Court requires it to be scrutinised with due care and caution because its maker cannot be cross-examined.

Who has the burden of proof in a criminal case?

The prosecution, throughout. If the accused relies on an exception such as private defence, the burden of proving that exception lies on him under Article 121.