Rethinking the Authentication of AI-Generated Evidence under Article 164 of the Qanun-e-Shahadat Order, 1984: Reforming Pakistan's Evidentiary Framework

Abstract

Artificial intelligence (AI) is transforming the administration of justice by generating digital content that is increasingly presented as evidence in judicial proceedings. While AI-generated text, images, videos, audio recordings, and analytical outputs offer significant evidentiary value, they also create complex challenges regarding authenticity, reliability, integrity, and admissibility. In Pakistan, Article 164 of the Qanun-e-Shahadat Order, 1984 provides courts with the discretion to admit evidence produced through modern devices and scientific techniques; however, it was enacted before the emergence of sophisticated AI technologies and does not establish specific standards for authenticating AI-generated evidence. This article critically examines the adequacy of Article 164 in addressing contemporary evidentiary challenges posed by artificial intelligence. Employing a qualitative doctrinal and comparative legal research methodology, the study analyzes Pakistan's evidentiary framework alongside selected international jurisdictions to identify legislative and procedural shortcomings. The research argues that the absence of AI-specific authentication standards may undermine judicial confidence, procedural fairness, and the integrity of digital evidence. It proposes legislative amendments, technical authentication protocols, judicial capacity building, and institutional reforms to modernize Pakistan's evidentiary regime and ensure that AI-generated evidence is admitted through transparent, reliable, and legally sound mechanisms.