68. Previous bad character not relevant, except in reply. In criminal proceedings the fact that the
accused person has a bad character is irrelevant, unless evidence has been given that he has a good character,
in which case it become relevant.
Explanation 1.__ This Article does not apply to cases in which the bad character of any person is itself a
fact in issue.
Explanation 2.__ A previous conviction is relevant as evidence of bad character.
69. Character as affecting damages. In civil cases the fact that the character of any person is such as to
affect the amount of damages which he ought to receive, is relevant.
Explanation: In Articles 66, 67, 68 and 69, the word "character" includes both reputation and disposition;
but except as provided in Article 68, evidence may be given only of general reputation and general disposition,
and not of particular acts by which reputation or disposition were shown.
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CHAPTER IV
OF ORAL EVIDENCE
70. Proof of facts by oral evidence. All facts, except the contents of documents, may be proved by oral
evidence.
71. Oral evidence must be direct. Oral evidence must, in all cases whatever be direct, that is to say—
If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;
If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;
If it refers to a fact, which could be perceived by any other sense or in any other manner, it must be the
evidence of a witness who says he perceived it by that sense or in that manner;
If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the
person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treaties commonly offered for sale, and the grounds
on which such opinions are held, may be proved by the production of such treaties if the author is dead, or
cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an
amount of delay or expense which the Court regards as unreasonable:
Provided further that, if oral evidence refers to the existence or condition of any material thing other than a
document, the Court may, if it thinks fit, require the production of such material thing for its inspection:
Provided further that, if a witness is dead, or can not be found or has become incapable of giving evidence,
or his attendance cannot, be procured without an amount of delay or expense which under the circumstances of
the case the Court regards as unreasonable, a party shall have the right to produce, “shahada ala alshahadah”
by which a witness can appoint two witnesses to depose on his behalf, except in the case of Hudood.
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