47. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
therein stated. Evidence given by a witness in a judicial proceeding, or before any person authorised
by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding or in a
later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is
dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse
party, or if his presence cannot be obtained without an amount of delay or expense which, under the
circumstances of the case, the Court considers unreasonable:
Provided that—
the proceeding was between the same parties or their representativesininterest;
the adverse party in the first proceeding had the right and opportunity to crossexamine ;
the questions in issue were substantially the same in the first as in the second proceeding.
Explanation: A criminal trial or inquiry shall be deemed to be a proceeding between the
prosecutor and the accused within the meaning of this Article.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
48. Entries in books of account when relevant. Entries in books of accounts, regularly kept in
the course of business, are relevant whenever they refer to a matter into which the Court has to
enquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
Illustration
A sues B for Rs. 1,000, and shows entries in his account books showing B to be indebted to him
to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove
the debt.
49. Relevancy of entry in public record made in performance of duty. An entry in any public
or other official book, register or record, stating a fact in issue or relevant fact, and made by a public
servant in the discharge of his official duty, or by any other person in performance of a duty specialy
enjoined by the law of the country in which such book, register or record is kept, is itself a relevant
fact.
50. Relevancy of statements in maps, charts and plans. Statements of facts in issue or relevant
facts made in published maps or charts generally offered for public sale, or in maps or plans made
under the authority of the Federal Government or any Provincial Government, as to matters usually
represented or stated in such maps, charts or plans, are themselves relevant facts.
51. Relevancy of statements as to fact of public nature, contained in certain Acts or
notifications. When the Court has to form an opinion as to the existence of any fact of a public
nature, any statement of it, made in a recital contained in any Act of the Central Legislature or of any
other legislative authority in Pakistan or in a Government notification appearing in the official
Gazette is a relevant fact.
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