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Question no. 53367

The authority granted to the Court under Article 150 of the Qanun-e-Shahadat constitutes _____________ power to declare any witness hostile?

Select your answer for: The authority granted to the Court under Article 150 of the Qanun-e-Shahadat constitutes _____________ power to declare any witness hostile?
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Answer: B. Discretionary

Explanation

Under Article 150 of the Qanun-e-Shahadat, declaring a witness hostile is a discretionary power granted to the court. Judges evaluate the demeanor and contradictory statements of witnesses before permitting cross-examination by the calling party. This discretionary authority ensures that truth prevails when a witness departs from their previous statements. The Qanun-e-Shahadat Order governs the law of evidence in Pakistan across civil and criminal jurisdictions. A hostile witness is one who displays a lack of truthfulness or turns adverse to the party calling them. Law of evidence allows parties to cross-examine their own witness once the court grants permission under statutory rules.

Trial attorneys request court permission to cross-examine their own evasive witness during hostile testimonies. Magistrates observe witness body language and prior depositions to exercise evidentiary discretion properly. Cross-examination of hostile witnesses helps uncover hidden facts in complex criminal prosecution trials. Statutory power describes rigid legislative mandates whereas this specific article involves flexible judicial evaluation. Prohibitory powers restrict actions rather than granting permission to cross-examine testifying courtroom witnesses. None of these is incorrect because discretionary power perfectly classifies this evidentiary authority.

Subject
Law
Topic
—
Difficulty
medium

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