Witness Affidavit (Pakistan)

A Witness Affidavit in Pakistan records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.

The Qanun-e-Shahadat Order 1984 replaced the Indian Evidence Act 1872 in Pakistan and introduced modifications consistent with Islamic jurisprudence. Article 3 of the Qanun-e-Shahadat Order 1984 provides that all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them. Article 17 prescribes the rules on the number and gender of witnesses required for different categories of transactions — two adult Muslim males, or one adult Muslim male and two adult Muslim females, for financial transactions involving prescribed amounts. Article 164 of the Qanun-e-Shahadat Order 1984 specifically permits courts to direct that particular facts in civil proceedings be proved by affidavit rather than oral testimony, making the Witness Affidavit a practical alternative to courtroom attendance.

The Witness Affidavit must be executed on non-judicial stamp paper of the appropriate denomination under the Stamp Act 1899, administered by the provincial Board of Revenue. The applicable stamp duty is typically PKR 50 to PKR 100 depending on the province — Punjab, Sindh, Khyber Pakhtunkhwa, or Balochistan. An unstamped or insufficiently stamped affidavit is inadmissible as evidence under Section 35 of the Stamp Act 1899 and may be impounded by any officer before whom it is produced.

The witness-deponent must personally appear before an Oath Commissioner appointed by a provincial High Court under Section 139 of the Code of Civil Procedure 1908, a First Class Judicial Magistrate, or a Notary Public commissioned under the Notaries Ordinance 1961 to administer the oath or affirmation. The witness's identity must be verified by production of their original CNIC (Computerised National Identity Card) issued by NADRA (National Database and Registration Authority). Making a false statement in a Witness Affidavit constitutes perjury under Section 193 of the Pakistan Penal Code 1860, punishable by imprisonment of up to seven years and a fine.

In family court proceedings governed by the Family Courts Act 1964 and conducted before Family Courts established in all district headquarter cities, witness affidavits are routinely used to present evidence of marriage, dissolution of marriage (divorce under the Muslim Family Laws Ordinance 1961), maintenance (nafaqah), child custody (hadhanah), and dower (mehr). In civil suits before the Civil Courts Ordinance 1962 courts and District Courts, witness affidavits serve as the chief examination-in-chief evidence, replacing live oral testimony in many interlocutory applications.

The Witness Affidavit in Pakistan differs from a general affidavit in that it is specifically directed at corroborating or contradicting facts in a specific legal proceeding, rather than declaring a personal fact for administrative purposes. The affidavit must identify the case number, the court, and the parties to the proceeding to which the witness evidence pertains, so the court registry can properly file and serve the document.

A Witness Affidavit in Pakistan is required across a broad range of civil, family, and administrative proceedings where written sworn evidence from a non-party witness is necessary to establish facts.

A Witness Affidavit is needed in family court proceedings before Family Courts under the Family Courts Act 1964. In divorce cases, child custody disputes, and maintenance applications, parties routinely file witness affidavits from relatives, neighbours, or professionals who can speak to the domestic situation, the welfare of children, or the financial position of the parties. The Family Courts in Lahore, Karachi, Islamabad, and all district headquarters routinely direct that examination-in-chief of witnesses be filed by way of affidavit to expedite proceedings.

A Witness Affidavit is required in civil suits filed before District Courts and Civil Courts under the Civil Procedure Code 1908. In a suit for recovery of money, specific performance of contract, or declaration of title to property, the plaintiff and defendant must file their own evidence by way of affidavit, and each may file witness affidavits from supporting witnesses. The court's order on issues under Order XIV CPC identifies which facts are in dispute, and the parties file affidavits addressing those specific issues.

A Witness Affidavit is needed in property disputes before Revenue Courts (including Tehsildar, Assistant Commissioner Revenue, and Board of Revenue) where the witness can attest to possession, boundaries, or history of a plot or agricultural land under the Land Revenue Act 1967 and provincial land laws.

A Witness Affidavit is required when applying for a succession certificate before a Civil Court under the Succession Act 1925. A witness who knew the deceased and can confirm the family structure must file a supporting affidavit alongside the applicant's main petition.

A Witness Affidavit is needed in labour disputes before the National Industrial Relations Commission (NIRC) or provincial Labour Courts under the Industrial Relations Act 2012 and provincial industrial relations laws. A fellow employee witnessing wrongful dismissal or unfair labour practice can support the aggrieved worker's claim through a sworn witness affidavit.

A Witness Affidavit is also required in arbitration proceedings conducted under the Arbitration Act 1940 (still operative for domestic arbitrations in Pakistan) and before banking courts under the Financial Institutions (Recovery of Finances) Ordinance 2001, where witnesses to loan agreements, guarantees, or security documents must formally attest to the facts of execution.

A valid Witness Affidavit in Pakistan under the Qanun-e-Shahadat Order 1984 and the Oaths Act 1873 must contain the following essential elements to be accepted by courts, tribunals, and administrative bodies across Pakistan.

Stamp Paper: The affidavit must be drafted on non-judicial stamp paper of the correct denomination — typically PKR 50 to PKR 100 — purchased from a licensed stamp vendor appointed by the provincial Board of Revenue. Under Section 35 of the Stamp Act 1899, an inadequately stamped affidavit is inadmissible and may be impounded by the court. The stamp paper serial number must be stated on the document.

Case Reference: The Witness Affidavit must identify the specific legal proceeding to which it relates: the case number, the name of the court or tribunal, and the names of the parties. For example: "Civil Suit No. 123/2025 before the Additional District Judge, Lahore" or "Family Case No. 456/2025 before the Family Court, Karachi." This identification is required by court registry rules and enables proper filing under the cause title.

Witness Particulars: Full legal name of the witness-deponent exactly as it appears on their NADRA CNIC, father's name (used as a second identifier in Pakistani legal practice), age, CNIC number (13-digit format), occupation, and residential address. For overseas Pakistani witnesses, the NICOP (National Identity Card for Overseas Pakistanis) number replaces the CNIC number.

Relationship to Parties: The witness must disclose their relationship to the parties to the dispute — whether they are a family member, colleague, neighbour, professional advisor, or have no prior relationship. Article 155 of the Qanun-e-Shahadat Order 1984 permits the court to consider the relationship of a witness to a party in assessing the weight of the evidence. Full disclosure prevents the opposing party from attacking the affidavit on grounds of undisclosed interest.

Statement of Personal Knowledge: The affidavit must clearly distinguish between facts within the witness's personal direct knowledge and facts based on information received from others. Under Article 3 of the Qanun-e-Shahadat Order 1984, every witness must swear to facts within their personal knowledge. Where a fact is based on information from another source, the affidavit must state: "I am informed by [source] and verily believe that..." Mixing personal knowledge with hearsay without proper attribution is a ground for the opposing party to apply to strike out portions of the affidavit.

Numbered Factual Paragraphs: Each material fact must be stated in a separate numbered paragraph. Pakistani courts following the Code of Civil Procedure 1908 and High Court Rules expect affidavits to be drafted in numbered paragraphs for ease of reference, cross-examination, and citation in judicial orders.

Verification Clause and Oath: The final verification clause must state that the contents are true to the best of the witness's knowledge, information, and belief. The oath must be administered in the manner appropriate to the witness's religion under the Oaths Act 1873 — Muslims swear on the Holy Quran; members of other faiths may affirm or swear on their respective holy book.

Attestation Block: The Oath Commissioner, First Class Judicial Magistrate, or Notary Public must sign, stamp their seal, and record the date, confirming that the affidavit was sworn in their presence after the witness produced their original CNIC for identity verification. The attesting officer's commission number (for Oath Commissioners appointed by the Lahore High Court, Sindh High Court, Peshawar High Court, Balochistan High Court, or Islamabad High Court) must be stated.

Forms-legal.com provides this Witness Affidavit (Pakistan) template as a practical starting point for civil, family, and administrative proceedings. Witnesses should seek guidance from an Advocate enrolled with the relevant provincial Bar Council — Lahore Bar Council, Sindh Bar Council, Khyber Pakhtunkhwa Bar Council, Balochistan Bar Council, or the Pakistan Bar Council for matters before superior courts — before swearing a witness affidavit in complex litigation involving property, commercial disputes, or criminal allegations.