Improper rejection of evidence and improper admission of evidence article 162 QSO

Описание: Article 162 of the Qanun-e-Shahadat Order (QSO), 1984 of Pakistan specifies that the improper admission or rejection of evidence is not, by itself, sufficient ground for a new trial or the reversal of a judicial decision.
Key Provisions
No Automatic Retrial: A court will not grant a new trial or reverse a decision based solely on evidence that was wrongly admitted or excluded.
Independent Evidence Test: If the court determines that there was enough other evidence (independent of the wrongly admitted part) to justify the original decision, that decision will stand.
Non-Material Impact: If evidence was wrongly rejected, but its inclusion would not have significantly changed the outcome of the case, the original decision remains valid.
Legal Purpose
Often described as a curative provision, Article 162 is designed to prevent technical errors from stalling or overturning legal proceedings when the overall outcome is supported by the record. It ensures that judicial decisions are based on the substance of the evidence rather than procedural formalities.
Context in Pakistan Law
Successor to Evidence Act: The QSO 1984 replaced the Evidence Act of 1872 to align legal principles with the injunctions of Islam.
Scope: It applies to all judicial proceedings in Pakistan, including those before courts, tribunals, and quasi-judicial bodies.
Relation to Other Articles: Article 162 is the first in a final series of administrative and technical provisions (Articles 162–166) that govern the finality of evidence and the overriding effect of the Order over other laws.