EVIDENCE ACT 1950

Evidence LAWS OF MALAYSIA REPRINT Act 56 EVIDENCE ACT 1950 As at 1 November 2017 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 56 Laws of Malaysia EVIDENCE ACT 1950 First enacted … … … … … … 1950 (Ordinance No. 11 of 1950) Revised … … … … … … 1971 (Act 56 w.e.f. 1 November 1971) Latest amendment made by Act A1527 which came into operation on … … … … … … 1 March 2017 Previous Reprints First Reprint … … … … … 1983 Second Reprint … … … … … 1993 Third Reprint … … … … … 1999 Fourth Reprint … … … … … 2006 Evidence 3 LAWS OF MALAYSIA Act 56 EVIDENCE ACT 1950 ARRANGEMENT OF SECTIONS Part I RELEVANCY Chapter I PRELIMINARY Section 1. Short title 2. Extent 3. Interpretation 4. Presumption Chapter II RELEVANCY OF FACTS General 5. Evidence may be given of facts in issue and relevant facts 6. Relevancy of facts forming part of same transaction 7. Facts which are the occasion, cause or effect of facts in issue 8. Motive, preparation and previous or subsequent conduct 9. Facts necessary to explain or introduce relevant facts 10. Things said or done by conspirator in reference to common design 11. When facts not otherwise relevant become relevant 12. In suits for damages facts tending to enable court to determine amount are relevant 4 Laws of Malaysia Act 56 Section 13. Facts relevant when right or custom is in question 14. Facts showing existence of state of mind or of body or bodily feeling 15. Facts bearing on question whether act was accidental or intentional 16. Existence of course of business when relevant Admissions and Confessions 17. Admission and confession defined 18. Admission by party to proceeding, his agent or person interested 19. Admissions by persons whose position must be proved as against party to suit 20. Admissions by persons expressly referred to by party to suit 21. Proof of admissions against persons making them and by or on their behalf 22. When oral admissions as to contents of documents are relevant 23. Admissions in civil cases when relevant 24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding 25. Confession to police officer below the rank of Inspector not to be proved 26. Confession by accused while in custody of police not to be proved against him 27. How much of information received from accused may be proved 28. Confession made after removal of impression caused by inducement, threat or promise relevant 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. 30. Consideration of proved confession affecting person making it and others jointly under trial for same offence 31. Admissions not conclusive proof but may estop 31a. (Deleted) Statements by Persons Who Cannot be Called as Witnesses 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant Evidence 5 Section 32a. Admissibility of evidence given under section 265a of the Criminal Procedure Code 33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated Statements Made under Special Circumstances 34. Entries in books of account when relevant 35. Relevancy of entry in public record made in performance of duty 36. Relevancy of statements in maps, charts and plans 37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications 38. 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. Previous judgments relevant to bar a second suit or trial 41. Relevancy of certain judgments in probate, etc., jurisdiction 42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41 43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant 44. Fraud or collusion in obtaining judgment or incompetency of court may be proved Opinions of Third Persons When Relevant 45. Opinions of experts 46. Facts bearing upon opinions of experts 47. Opinion as to handwriting when relevant 6 Laws of Malaysia Act 56 Section 48. Opinion as to existence of right or custom when relevant 49. Opinion as to usages, tenets, etc., when relevant 50. Opinion on relationship when relevant 51. Grounds of opinion when relevant Character When Relevant 52. In civil cases character to prove conduct imputed irrelevant 53. In criminal cases previous good character relevant 54. Previous bad character not relevant except in reply 55. Character as affecting damages Part II PROOF Chapter III FACTS WHICH NEED NOT BE PROVED 56. Fact judicially noticeable need not be proved 57. Facts of which court must take judicial notice 58. Facts admitted need not be proved Chapter IV ORAL EVIDENCE 59. Proof of facts by oral evidence 60. Oral evidence must be direct Chapter V DOCUMENTARY EVIDENCE 61. Proof of contents of documents 62. Primary evidence 63. Secondary evidence Evidence 7 Section 64. Proof of documents by primary evidence 65. Cases in which secondary evidence relating to documents may be given 66. Rules as to notice to produce 67. Proof of signature and handwriting of person alleged to have signed or written document produced 68. Proof of execution of document required by law to be attested 69. Proof where no attesting witness found 70. Admission of execution by party to attested document 71. Proof when attesting witness denies the execution 72. Proof of document not required by law to be attested 73. Comparison of signature, writing or seal with others admitted or proved 73a. Admissibility of documentary evidence in civil cases, etc. 73aa. Admissibility of fact in criminal cases, etc. Public Documents 74. Public documents 75. Private documents 76. Certified copies of public documents 77. Proof of documents by production of certified copies 78. Proof of certain official documents 78a. Proof of public documents produced by computers Presumptions as to Documents 79. Presumption as to genuineness of certified copies 80. Presumption as to documents produced as record of evidence 81. Presumption as to Gazettes, newspapers, etc. 82. Presumption as to document admissible in England without proof of seal or signature 83. Presumption as to maps or plans made by authority of Government 84. Presumption as to collections of laws and reports of decisions 85. Presumption as to powers of attorney 8 Laws of Malaysia Act 56 Section 86. Presumption as to certified copies of foreign judicial records 87. Presumption as to books, maps and charts 88. Presumption as to telegraphic messages 89. Presumption as to due execution, etc., of documents not produced 90. Presumption as to documents twenty years old Documents Produced by a Computer 90a. Admissibility of documents produced by computers, and of statements contained therein 90b. Weight to be attached to document, or statement contained in document, admitted by virtue of section 90a 90c. Sections 90a and 90b to prevail over other provisions of this Act, the Bankers’ Books (Evidence) Act 1949, and any written law Chapter Va ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS 90d. Application of Chapter Va 90e. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters 90f. Certificate relating to foreign evidence Chapter VI EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document 92. Exclusion of evidence of oral agreement 93. Exclusion of evidence to explain or amend ambiguous document 94. Exclusion of evidence against application of document to existing facts 95. Evidence as to document unmeaning in reference to existing facts Evidence 9 Section 96. Evidence as to application of language which can apply to one only of several persons 97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies 98. Evidence as to meaning of illegible characters, etc. 99. Who may give evidence of agreement varying terms of document 100. Construction of wills Part III PRODUCTION AND EFFECT OF EVIDENCE Chapter VII BURDEN OF PROOF 101. Burden of proof 102. On whom burden of proof lies 103. Burden of proof as to particular fact 104. Burden of proving fact to be proved to make evidence admissible 105. Burden of proving that case of accused comes within exceptions 106. Burden of proving fact especially within knowledge 107. Burden of proving death of person known to have been alive within thirty years 108. Burden of proving that person is alive who has not been heard of for seven years 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent 110. Burden of proof as to ownership 111. Proof of good faith in transactions where one party is in relation of active confidence 112. Birth during marriage conclusive proof of legitimacy 113. Presumption that boy under thirteen cannot commit rape 114. Court may presume existence of certain fact 114a. Presumption of fact in publication 10 Laws of Malaysia Act 56 Chapter VIII ESTOPPEL Section 115. Estoppel 116. Estoppel of tenant and of licensee of person in possession 117. Estoppel of acceptor of bill of exchange, bailee or licensee Chapter IX WITNESSES 118. Who may testify 119. Dumb witnesses 120. Parties to civil suits and wives and husbands 121. Judges, Sessions Court Judges and Magistrates 122. Communications during marriage 123. Evidence as to affairs of State 124. Official communications 125. Information as to commission of offences 126. Professional communications 127. Section 126 to apply to interpreters, etc. 128. Privilege not waived by volunteering evidence 129. Confidential communications with legal advisers 130. Production of title deeds of witness not a party 131. Production of documents which another person having possession could refuse to produce 132. Witness not excused from answering on ground that answer will criminate 133. Accomplice 133a. Evidence of child of tender years 134. Number of witnesses Evidence 11 Chapter X EXAMINATION OF WITNESSES Section 135. Order of production and examination of witnesses 136. Court to decide as to admissibility of evidence 137. Examination-in-chief, cross-examination and re-examination 138. Order of examinations and direction of re-examination 139. Cross-examination of person called to produce a document 140. Witnesses to character 141. Leading questions 142. When leading questions may not be asked 143. When leading questions may be asked 144. Evidence as to matters in writing 145. Cross-examination as to previous statements in writing 146. Questions lawful in cross-examination 146a. Restrictions on evidence at trials for rape 147. When witness to be compelled to answer 148. Court to decide when question shall be asked and when witness compelled to answer 149. Question not to be asked without reasonable grounds 150. Procedure of court in case of question being asked without reasonable grounds 151. Indecent and scandalous questions 152. Questions intended to insult or annoy 153. Exclusion of evidence to contradict answers to questions testing veracity 154. Question by party to his own witness 155. Impeaching credit of witness 156. Questions tending to corroborate evidence of relevant fact admissible 157. Former state