Evidence Act 1950 – Act 56

 

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p. 1

laws of malaysia reprint act 56 evidence act 1950 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with malayan law journal sdn bhd and percetakan nasional malaysia bhd 2006

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2 evidence act 1950 first enacted revised 1950 ordinance no 11 of 1950 1971 act 56 w.e.f 1 november 1971 previous reprints first reprint second reprint third reprint 1983 1993 1999 prepared for publication by malayan law journal sdn bhd and printed by percetakan nasional malaysia berhad kuala lumpur branch 2006

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evidence laws of malaysia act 56 evidence act 1950 arrangement of sections 3 part i relevancy chapter i preliminary section 1 2 3 4 short title extent interpretation presumption chapter ii relevancy of facts general 5 6 7 8 9 10 11 12 evidence may be given of facts in issue and relevant facts relevancy of facts forming part of same transaction facts which are the occasion cause or effect of facts in issue motive preparation and previous or subsequent conduct facts necessary to explain or introduce relevant facts things said or done by conspirator in reference to common design when facts not otherwise relevant become relevant in suits for damages facts tending to enable court to determine amount are relevant

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4 section 13 14 15 16 laws of malaysia facts relevant when right or custom is in question a ct 56 facts showing existence of state of mind or of body or bodily feeling facts bearing on question whether act was accidental or intentional existence of course of business when relevant admissions and confessions 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 31a admission and confession defined admission by party to proceeding his agent or person interested admissions by persons whose position must be proved as against party to suit admissions by persons expressly referred to by party to suit proof of admissions against persons making them and by or on their behalf when oral admissions as to contents of documents are relevant admissions in civil cases when relevant confession caused by inducement threat or promise when irrelevant in criminal proceeding confession to police officer below the rank of inspector not to be proved confession by accused while in custody of police not to be proved against him how much of information received from accused may be proved confession made after removal of impression caused by inducement threat or promise relevant confession otherwise relevant not to become irrelevant because of promise of secrecy etc consideration of proved confession affecting person making it and others jointly under trial for same offence admissions not conclusive proof but may estop deleted statements by persons who cannot be called as witnesses 32 33 cases in which statement of relevant fact by person who is dead or cannot be found etc is relevant relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

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evidence statements made under special circumstances section 5 34 35 36 37 38 entries in books of account when relevant relevancy of entry in public record made in performance of duty relevancy of statements in maps charts and plans relevancy of statement as to fact of public nature contained in certain legislation or notifications relevancy of statements as to any law contained in law books how much of a statement to be proved 39 what evidence to be given when statement forms part of a conversation document book or series of letters or papers judgments of courts when relevant 40 41 42 43 44 previous judgments relevant to bar a second suit or trial relevancy of certain judgments in probate etc jurisdiction relevancy and effect of judgments orders or decrees other than those mentioned in section 41 judgments etc other than those mentioned in sections 40 to 42 when relevant fraud or collusion in obtaining judgment or incompetency of court may be proved opinions of third persons when relevant 45 46 47 48 49 50 51 opinions of experts facts bearing upon opinions of experts opinion as to handwriting when relevant opinion as to existence of right or custom when relevant opinion as to usages tenets etc when relevant opinion on relationship when relevant grounds of opinion when relevant character when relevant 52 53 in civil cases character to prove conduct imputed irrelevant in criminal cases previous good character relevant

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6 section laws of malaysia 54 55 previous bad character not relevant except in reply character as affecting damages part ii proof chapter iii facts which need not be proved 56 57 58 fact judicially noticeable need not be proved facts of which court must take judicial notice facts admitted need not be proved chapter iv oral evidence 59 60 proof of facts by oral evidence oral evidence must be direct chapter v documentary evidence 61 62 63 64 65 66 67 68 69 70 71 72 73 proof of contents of documents primary evidence secondary evidence proof of documents by primary evidence a ct 56 cases in which secondary evidence relating to documents may be given rules as to notice to produce proof of signature and handwriting of person alleged to have signed or written document produced proof of execution of document required by law to be attested proof where no attesting witness found admission of execution by party to attested document proof when attesting witness denies the execution proof of document not required by law to be attested comparison of signature writing or seal with others admitted or proved

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evidence section 7 73a admissibility of documentary evidence in civil cases etc public documents 74 75 76 77 78 78a public documents private documents certified copies of public documents proof of documents by production of certified copies proof of certain official documents proof of public documents produced by computers presumptions as to documents 79 80 81 82 83 84 85 86 87 88 89 90 presumption as to genuineness of certified copies presumption as to documents produced as record of evidence presumption as to gazettes newspapers etc presumption as to document admissible in england without proof of seal or signature presumption as to maps or plans made by authority of government presumption as to collections of laws and reports of decisions presumption as to powers of attorney presumption as to certified copies of foreign judicial records presumption as to books maps and charts presumption as to telegraphic messages presumption as to due execution etc of documents not produced presumption as to documents twenty years old documents produced by a computer 90a 90b 90c admissibility of documents produced by computers and of statements contained therein weight to be attached to document or statement contained in document admitted by virtue of section 90a sections 90a and 90b to prevail over other provisions of this act the bankers books evidence act 1949 and any written law

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8 laws of malaysia chapter vi exclusion of oral by documentary evidence a ct 56 section 91 92 93 94 95 96 97 98 99 100 evidence of terms of contracts grants and other dispositions of property reduced to form of document exclusion of evidence of oral agreement exclusion of evidence to explain or amend ambiguous document exclusion of evidence against application of document to existing facts evidence as to document unmeaning in reference to existing facts evidence as to application of language which can apply to one only of several persons evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies evidence as to meaning of illegible characters etc who may give evidence of agreement varying terms of documents construction of wills part iii production and effect of evidence chapter vii burden of proof 101 102 103 104 105 106 107 108 109 burden of proof on whom burden of proof lies burden of proof as to particular fact burden of proving fact to be proved to make evidence admissible burden of proving that case of accused comes within exceptions burden of proving fact especially within knowledge burden of proving death of person known to have been alive within thirty years burden of proving that person is alive who has not been heard of for seven years burden of proof as to relationship in the cases of partners landlord and tenant principal and agent

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evidence section 9 110 111 112 113 114 burden of proof as to ownership proof of good faith in transactions where one party is in relation of active confidence birth during marriage conclusive proof of legitimacy presumption that boy under thirteen cannot commit rape court may presume existence of certain fact chapter viii estoppel 115 116 117 estoppel estoppel of tenant and of licensee of person in possession estoppel of acceptor of bill of exchange bailee or licensee chapter ix witnesses 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 who may testify dumb witnesses parties to civil suits and wives and husbands judges sessions court judges and magistrates communications during marriage evidence as to affairs of state official communications information as to commission of offences professional communications section 126 to apply to interpreters etc privilege not waived by volunteering evidence confidential communications with legal advisers production of title deeds of witness not a party production of documents which another person having possession could refuse to produce witness not excused from answering on ground that answer will criminate accomplice

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10 section laws of malaysia evidence of child of tender years number of witnesses chapter x examination of witnesses a ct 56 133a 134 135 136 137 138 139 140 141 142 143 144 145 146 146a 147 148 149 150 151 152 153 154 155 156 157 order of production and examination of witnesses court to decide as to admissibility of evidence examination-in-chief cross-examination and re-examination order of examinations and direction of re-examination cross-examination of person called to produce a document witnesses to character leading questions when leading questions may not be asked when leading questions may be asked evidence as to matters in writing cross-examination as to previous statements in writing questions lawful in cross-examination restrictions on evidence at trials for rape when witness to be compelled to answer court to decide when question shall be asked and when witness compelled to answer question not to be asked without reasonable grounds procedure of court in case of question being asked without reasonable grounds indecent and scandalous questions questions intended to insult or annoy exclusion of evidence to contradict answers to questions testing veracity question by party to his own witness impeaching credit of witness questions tending to corroborate evidence of relevant fact admissible former statements of witness may be proved to corroborate later testimony as to same fact

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evidence section 11 158 159 160 161 162 163 164 165 166 what matters may be proved in connection with proved statement relevant under section 32 or 33 refreshing memory testimony to facts stated in document mentioned in section 159 right of adverse party as to writing used to refresh memory production of documents and their translation giving as evidence of document called for and produced on notice using as evidence of document production of which was refused on notice judge s power to put questions or order production power of jury or assessors to put questions chapter xi improper admission and rejection of evidence 167 no new trial for improper admission or rejection of evidence

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13 laws of malaysia act 56 evidence act 1950 an act to define the law of evidence [peninsular malaysia 23 may 1950 ord no 11 of 1950 sabah and sarawak 1 november 1971 p.u a 261/1971 p art i relevancy c hapter i preliminary short title 1 this act may be cited as the evidence act 1950 extent 2 this act shall apply to all judicial proceedings in or before any court but not to affidavits presented to any court or officer nor to proceedings before an arbitrator interpretation 3 in this act unless the context otherwise requires computer means any device for recording storing processing retrieving or producing any information or other matter or for performing any one or more of those functions by whatever name or description such device is called and where two or more computers carry out any one or more of those functions in combination or in succession or otherwise howsoever conjointly they shall be treated as a single computer;

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14 laws of malaysia a ct 56 court means a court established by or under part ix of the federal constitution and includes a b c d a judge a sessions court judge a magistrate and except an arbitrator every person legally authorized to take evidence document means any matter expressed described or howsoever represented upon any substance material thing or article including any matter embodied in a disc tape film sound track or other device whatsoever by means of a letters figures marks symbols signals signs or other forms of expression description or representation whatsoever any visual recording whether of still or moving images any sound recording or any electronic magnetic mechanical or other recording whatsoever and howsoever made or any sounds electronic impulses or other data whatsoever a recording or transmission over a distance of any matter by any or any combination of the means mentioned in paragraph a b or c b c d or by more than one of the means mentioned in paragraphs a b c and d intended to be used or which may be used for the purpose of expressing describing or howsoever representing that matter illustrations a writing is a document words printed lithographed or photographed are documents a map plan graph or sketch is a document an inscription on wood metal stone or any other substance material or thing is a document a drawing painting picture or caricature is a document a photograph or a negative is a document.

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evidence 15 a tape recording of a telephonic communication including a recording of such communication transmitted over distance is a document a photographic or other visual recording including a recording of a photographic or other visual transmission over a distance is a document a matter recorded stored processed retrieved or produced by a computer is a document evidence includes a all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry such statements are called oral evidence all documents produced for the inspection of the court such documents are called documentary evidence any thing state of things or relation of things capable of being perceived by the senses any mental condition of which any person is conscious illustrations a that there are certain objects arranged in a certain order in a certain place is a fact b that a man heard or saw something is a fact c that a man said certain words is a fact b fact means and includes a b d that a man holds a certain opinion has a certain intention acts in good faith or fraudulently or uses a particular word in a particular sense or is or was at a specified time conscious of a particular sensation is a fact e that a man has a certain reputation is a fact fact in issue means any fact from which either by itself or in connection with other facts the existence non-existence nature or extent of any right liability or disability asserted or denied in any suit or proceeding necessarily follows illustrations a is accused of the murder of b at his trial the following facts may be in issue that a caused b s death that a intended to cause b s death;

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