Challenges for Expert Evidence in the Justice System of Pakistan

Abstract

Expert evidence is admissible under articles 59 and 164 of Qanun-e-Shahadat Ordinance, 1984 (Law of Evidence), in the courts of law in Pakistan. However, the enacted laws and judicial precedents are inadequate to help a trial judge to get an answer to the question about the reliability and credibility of expert evidence. The process of judicial scrutiny of the expert evidence is challenging in the absence of national guidelines/standards, nonaccreditation of crime laboratories, and poor scientific knowledge of judges and lawyers. Therefore, the judges encounter difficulty in evaluating the knowledge and skills of an expert, validity of principles and methodologies used, application of quality management system, relatability, and reliability of expert evidence. While facing difficulty in ascertaining the level of certitude of expert evidence, the courts accept the expert testimony only when it corroborates the prosecution's propositions, which is a kind of disservice to justice. The reliance of courts on expert evidence varies from case to case, which can be observed in the form of many sporadic judicial decisions.