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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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EVIDENCE ACT 1950
First enacted ...
...
...
...
...
... 1950 (Ordinance
No. 11 of 1950)
Revised
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...
...
...
...
... 1971 (Act 56 w.e.f.
1 November 1971)
PREVIOUS REPRINTS
First Reprint ...
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...
...
...
1983
Second Reprint
...
...
...
...
1993
Third Reprint ...
...
...
...
...
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
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
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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
33.
Relevancy of certain evidence for proving in subsequent proceeding the
truth of facts therein stated
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Evidence
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Statements made under Special Circumstances
Section
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
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
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Laws of Malaysia
ACT 56
Section
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
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
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Evidence
7
Section
73A.
Admissibility of documentary evidence in civil 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
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
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Laws of Malaysia
ACT 56
CHAPTER VI
EXCLUSION OF ORAL BY
DOCUMENTARY EVIDENCE
Section
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
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 documents
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
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Evidence
9
Section
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
CHAPTER VIII
ESTOPPEL
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.