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Evidence Act 1950- Part 1

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56

Incorporating all amendments up to 11 August 2014

First enacted ... ... ... ... ... ...

1950 (Ordinance No. 11 of 1950)

Revised ... ... ... ... ... ...

1971 (Act 56 w.e.f. 1 November 1971)

Date of coming into operation ... ...

1 November 1971 (Sabah and Sarawak)

Date of coming into operation ... ...

West Malaysia: 23 May 1950; East Malaysia:1 November 1971

ACT 56 
EVIDENCE ACT 1950 
(Click here to see Annotated Statutes of this Act)

Part I RELEVANCY

Chapter I - PRELIMINARY

SECTION

1.Short title

2.Extent

3.Interpretation

4.Presumption

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

General

SECTION

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

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

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Admissions and Confessions

SECTION

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)

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Statements by persons who cannot be called as witnesses

SECTION

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

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

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

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

How Much of a Statement to be Proved

SECTION

39.What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Judgments of Courts when Relevant

SECTION

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

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Opinions of Third Persons When Relevant

SECTION

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

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Character When Relevant

SECTION

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

SECTION

56.Fact judicially noticeable need not be proved

57.Facts of which court must take judicial notice

58.Facts admitted need not be proved

Part II PROOF

Chapter IV - ORAL EVIDENCE

SECTION

59.Proof of facts by oral evidence

60.Oral evidence must be direct

Part II PROOF

Chapter V - DOCUMENTARY EVIDENCE

SECTION

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

73A.Admissibility of documentary evidence in civil cases, etc.

73AA.Admissibility of fact in criminal cases, etc.

Part II PROOF

Chapter V - DOCUMENTARY EVIDENCE

SECTION

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

Part II PROOF

Chapter V - DOCUMENTARY EVIDENCE

Presumptions as to Documents

SECTION

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

Part II PROOF

Chapter V - DOCUMENTARY EVIDENCE

Documents Produced by a Computer

SECTION

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

Part II PROOF

Chapter VA - ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS

SECTION

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

Part II PROOF

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 document

100.Construction of wills

Part III PRODUCTION AND EFFECT OF EVIDENCE

Chapter VII - BURDEN OF PROOF

SECTION

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

Part III PRODUCTION AND EFFECT OF EVIDENCE

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

Part III PRODUCTION AND EFFECT OF EVIDENCE

Chapter IX - WITNESSES

SECTION

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

Part III PRODUCTION AND EFFECT OF EVIDENCE

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 statements of witness may be proved to corroborate later testimony as to same fact

158.What matters may be proved in connection with proved statement relevant under section 32 or 33

159.Refreshing memory

160.Testimony to facts stated in document mentioned in section 159

161.Right of adverse party as to writing used to refresh memory

162.Production of documents and their translation

163.Giving as evidence of document called for and produced on notice

164.Using as evidence of document production of which was refused on notice

165.Judge's power to put questions or order production

166.Power of jury or assessors to put questions

Part III PRODUCTION AND EFFECT OF EVIDENCE

Chapter XI - IMPROPER ADMISSION AND REJECTION OF EVIDENCE

SECTION

167.No new trial for improper admission or rejection of evidence

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]

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/1.Short title

Part I RELEVANCY

CHAPTER I - PRELIMINARY

1. Short title

This Act may be cited as the Evidence Act 1950.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/2.Extent

2. Extent

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.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/3.Interpretation

3. Interpretation

In this Act, unless the context otherwise requires--

"computer"

means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, storage and display functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is non-programmable or which does not contain any data storage facility;

"court"

means a court established by or under Part IX of the Federal Constitution and includes--

(a) a Judge;

(b) a Sessions Court Judge;

(c) a Magistrate; and

(d) 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;

(b) any visual recording (whether of still or moving images);

(c) any sound recording, or any electronic, magnetic, mechanical or other recording whatsoever and howsoever made, or any sounds, electronic impulses, or other data whatsoever;

(d) 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), 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.

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;

(b) all documents produced for the inspection of the court: such documents are called documentary evidence; 

"fact"

means and includes--

(a) any thing, state of things or relation of things capable of being perceived by the senses;

(b) 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.

(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;

that A had received grave and sudden provocation from B;

that A at the time of doing the act which caused B 's death was by reason of unsoundness of mind incapable of knowing its nature;

"film"

includes a microfilm and any negative;

"microfilm"

means any transparent material bearing a visual image in reduced size either singly or as a series and includes a microfiche;

"negative"

means a transparent negative photograph on any substance or material, and includes any transparent negative photograph made from the original negative photograph;

"proved":

a fact is said to be "proved" when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists;

"disproved":

a fact is said to be "disproved" when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist;

"not proved":

a fact is said to be "not proved" when it is neither proved nor disproved;

"relevant":

one fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/4.Presumption

4. Presumption

(1) Whenever it is provided by this Act that the court may presume a fact, it may either regard the fact as proved unless and until it is disproved, or may call for proof of it.

(2) Whenever it is directed by this Act that the court shall presume a fact, it shall regard the fact as proved unless and until it is disproved.

(3) When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/5.Evidence may be given of facts in issue and relevant facts

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

General

5. Evidence may be given of facts in issue and relevant facts

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Explanation--This section shall not enable any person to give evidence of a fact which he is disentitled to prove by the law relating to civil procedure.

ILLUSTRATIONS

(a) A is tried for the murder of B by beating him with a club with the intention of causing his death. 

At A's trial the following facts are in issue:

A's beating B with the club;

A's causing B's death by the beating; and

A's intention to cause B's death.

(b) A a party to a suit does not comply with a notice given by B the other partly to produce for B's inspection a document referred to in A's pleadings. This section does not enable A to put the document in evidence on his behalf in that suit, otherwise than in accordance with the conditions prescribed by the law relating to civil procedure. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/6.Relevancy of facts forming part of same transaction

6. Relevancy of facts forming part of same transaction

Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

ILLUSTRATIONS

(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating or so shortly before or after it as to form part of the transaction is a relevant fact.

(b) A is accused of waging war against the Yang di-Pertuan Agong by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant as forming part of the general transaction, though A may not have been present at all of them.

(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose and forming part of the correspondence in which it is contained are relevant facts though they do not contain the libel itself.

(d) The question is whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/7.Facts which are the occasion, cause or effect of facts in issue

7. Facts which are the occasion, cause or effect of facts in issue

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity of their occurrence or transaction, are relevant.

ILLUSTRATIONS

(a) The question is whether A robbed B . 

The facts that shortly before the robbery B went to a fair with money in his possession and that he showed or mentioned the fact that he had it to third persons are relevant.

(b) The question is whether A murdered B . 

Marks on the ground produced by a struggle at or near the place where the murder was committed are relevant facts.

(c) The question is whether A poisoned B . 

The state of B's health before the symptoms ascribed to poison and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/8.Motive, preparation and previous or subsequent conduct

8. Motive, preparation and previous or subsequent conduct

(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.

(2) The conduct of any party, or of any agent to any party, to any suit or proceeding in reference to that suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if the conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1--The word "conduct" in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2--When the conduct of any person is relevant any statement made to him or in his presence and hearing which affects his conduct is relevant.

ILLUSTRATIONS

(a) A is tried for the murder of B. 

The facts that A murdered C, that B knew that A had murdered C and that B had tried to extort money from A by threatening to make his knowledge public are relevant.

(b) A sues B upon a bond for the payment of money. B denies the making of the bond. 

The fact that at the time when the bond was alleged to be made B required money for a particular purpose is relevant.

(c) A is tried for the murder of B by poison. 

The fact that before the death of B, A procured poison similar to that which was administered to B is relevant.

(d) The question is whether a certain document is the will of A. 

The facts that not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that he consulted lawyers in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve are relevant.

(e) A is accused of a crime. 

The facts that either before or at the time of or after the alleged crime A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses or suborned persons to give false evidence respecting it are relevant.

(f) The question is whether A robbed B . 

The facts that after B was robbed,C said in A's presence: "The police are coming to look for the man who robbed B" and that immediately afterwards A ran away are relevant.

(g) The question is whether A owes B RM10,000. 

The facts that A asked C to lend him money, and that D said to C in A 's presence and hearing: : "I advise you not to trust A for he owes B RM10,000," and that A went away without making any answer are relevant facts.

(h) The question is whether A committed a crime. 

The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter are relevant.

(i) A is accused of a crime. 

The facts that after the commission of the alleged crime he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it are relevant.

(j) The question is whether A was ravished. 

The facts that shortly after the alleged rape she made a complaint relating to the crime, the circumstances under which and the terms in which the complaint was made are relevant.

The fact that without making a complaint she said that she had been ravished is not relevant as conduct under this section, though it may be relevant--

(i) as a dying declaration under section 32(1)(a); or

(ii) as corroborative evidence under section 157.

(k) The question is whether A was robbed. 

The fact that soon after the alleged robbery he made a complaint relating to the offence, the circumstances under which and the terms in which the complaint was made are relevant.

The fact that he said he had been robbed without making any complaint is not relevant as conduct under this section, though it may be relevant--

(i) as a dying declaration under section 32(1)(a); or

(ii) as corroborative evidence under section 157. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/9.Facts necessary to explain or introduce relevant facts

9. Facts necessary to explain or introduce relevant facts

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are relevant so far as they are necessary for that purpose.

ILLUSTRATIONS

(a) The question is whether a given document is the will of A. 

The state of A's property and of his family at the date of the alleged will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. 

The position and relations of the parties at the time when the libel was published may be relevant facts as intoductory to the facts in issue.

The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.

(c) A is accused of a crime. 

The fact that soon after the commission of the crime A absconded from his house is relevant under section 8 as conduct subsequent to and affected by facts in issue.

The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant as tending to explain the fact that he left home suddenly.

The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B for inducing C to break a contract of service made by him with A. C on leaving A's service says to A: "I am leaving you because B has made me a better offer." This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.

(e) A accused of theft is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it: "A says you are to hide this." B 's statement is relevant as explanatory of a fact which is part of the transaction.

(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/10.Things said or done by conspirator in reference to common design

10. Things said or done by conspirator in reference to common design

Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of those persons, in reference to their common intention after the time when the intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.

ILLUSTRATIONS

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Yang di-Pertuan Agong.

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Malacca for a like object, D persuaded persons to join the conspiracy in Province Wellesley, E published writings advocating the object in view at Singapore, and F transmitted from Singapore to G at Djakarta the money which C had collected at Malacca, and the contents of a letter written by H giving an account of the conspiracy are each relevant, both to prove the existence of the conspiracy and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/11.When facts not otherwise relevant become relevant

11. When facts not otherwise relevant become relevant

Facts not otherwise relevant are relevant--

(a) if they are inconsistent with any fact in issue or relevant fact;

(b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. 

ILLUSTRATIONS

(a) The question is whether A committed a crime at Kuala Lumpur on a certain day. 

The fact that on that day A was at Taiping is relevant.

The fact that near the time when the crime was committed A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it is relevant.

(b) The question is whether A committed a crime. 

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else and that it was not committed by eitherB, C or D is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/12.In suits for damages facts tending to enable court to determine amount are relevant

12. In suits for damages facts tending to enable court to determine amount are relevant

In suits in which damages are claimed any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/13.Facts relevant when right or custom is in question

13. Facts relevant when right or custom is in question

Where the question is as to the existence of any right or custom the following facts are relevant:

(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognized or exercised or in which its exercise was disputed, asserted or departed from. 

ILLUSTRATIONS

The question is whether A has a right to a fishery. A document conferring the fishery on A's ancestors, a pledge of the fishery by A's father, a subsequent grant of the fishery by A's father irreconcilable with the pledge, particular instances in whichA 's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/14.Facts showing existence of state of mind or of body or bodily feeling

14. Facts showing existence of state of mind or of body or bodily feeling

Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant.

Explanation 1--A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists not generally but in reference to the particular matter in question.

Explanation 2--But where upon the trial of a person accused of an offence the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of that person shall also be relevant fact.

ILLUSTRATIONS

(a) A is accused of receiving stolen goods, knowing them to be stolen. It is proved that he was in possession of a particular stolen article. 

The fact that at the same time he was in possession of many other stolen articles is relevant as tending to show that he knew each and all of the articles of which he was in possession to be stolen.

(b) A is accused of fraudulently delivering to another person a counterfeit coin, which at the time when he delivered it he knew to be counterfeit. 

The fact that at the time of its delivery A was possessed of a number of other pieces of counterfeit coin is relevant.

The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin, knowing it to be counterfeit, is relevant.

(c) A sues B for damage done by a dog of B's which B knew to be ferocious. 

The facts that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.

(d) The question is whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. 

The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee, if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person.

(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. 

The fact of previous publications by A respecting B , showing ill will on the part of A towards B , is relevant, as proving A's intention to harm B's reputation by the particular publication in question.

The facts that there was no previous quarrel between A and B , and that A repeated the matter complained of as he heard it, are relevant as showing that A did not intend to harm the reputation of B.

(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C who was insolvent, suffered loss. 

The fact that at the time when A represented C to be solvent C was supposed to be solvent by his neighbours, and by persons dealing with him, is relevant, as showing that A made the representation in good faith.

(g) A is sued by B for the price of work done by B upon a house of which A is owner by the order of C, a contractor. 

A's defence is that B's contract was with C.

The fact that A paid C for the work in question is relevant as proving that A did in good faith make over to C the management of the work in question, so that C was in a position to contract with B on C's own account and not as agent for A.

(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. 

The fact that public notice of the loss of the property had been given in the place where A was is relevant as showing that A did not in good faith believe that the real owner of the property could not be found.

The fact that A knew or had reason to believe that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant as showing that the fact that A knew of the notice did not disprove A's good faith.

(i) A is charged with shooting at B with intent to kill him. 

In order to show A's intent, the fact of A's having previously shot at B maybe proved

(j) A is charged with sending threatening letters to B. 

Threatening letters previously sent by A to B may be proved as showing the intention of the letters.

(k) The question is whether A has been guilty of cruelty towards B, his wife. 

Expression of their feelings towards each other shortly before or after the alleged cruelty are relevant facts.

(l) The question is whether A's death was caused by poison. 

Statements made by A during his illness as to his symptoms are relevant facts.

(m) The question is, what was the state of A's health at the time when an assurance on his life was effected? 

Statements made by A as to the state of his health at or near the time in question are relevant facts.

(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use whereby A was injured. 

The fact that B's attention was drawn on other occasions to the defect of that particular carriage is relevant.

The fact that B was habitually negligent about the carriages which he let to hire is irrelevant.

(o) A is tried for the murder of B by intentionally shooting him dead. 

The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.

The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.

(p) A is tried for a crime. 

The fact that he said something indicating an intention to commit that particular crime is relevant.

The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/15.Facts bearing on question whether act was accidental or intentional

15. Facts bearing on question whether act was accidental or intentional

When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that the act formed part of series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

ILLUSTRATIONS

(a) A is accused of burning down his house in order to obtain money for which it is insured. 

The facts that A lived in several houses successively, each of which he insured, in each of which a fire occured, and after each of which fires A received payment from a different insurance office, are relevant as tending to show that the fire was not accidental.

(b) A is employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. 

The question is whether this false entry was accidental or intentional.

The facts that other enteries made by A in the same book are false, and that the false entry is in each case in favour of A are relevant.

(c) A is accused of fraudulently delivering to B a counterfeit ringgit. 

The question is whether the delivery of the ringgit was accidental.

The facts that soon before or soon after the delivery to B, A delivered counterfeit ringgit to C, D and E are relevant as showing that the delivery to B was not accidental.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/16.Existence of course of business when relevant

16. Existence of course of business when relevant

When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.

ILLUSTRATIONS

(a) The question is whether a particular letter was despatched. 

The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant.

(b) The question is whether a particular letter reached A. 

The facts that it was posted in due course and was not returned through the Dead Letter Office are relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/17.Admission and confession defined

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

Admissions and Confessions

17. Admission and confession defined

(1) An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.

(2) A confession is an admission made at any time by a person accused of an offence, stating or suggesting the inference that he committed that offence.

(3) Subsection (2) shall have no application in Sarawak.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/18.Admission by party to proceeding, his agent or person interested

18. Admission by party to proceeding, his agent or person interested

(1) Statements made by a party to the proceeding or by an agent to any such party whom the court regards under the circumstances of the case as expressly or impliedly authorized by him to make them are admissions.

(2) Statements made by parties to suits, suing or sued in a representative character, are not admissions unless they were made while the party making them held that character.

(3) Statements made by--

(a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or

(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions if they are made during the continuance of the interest of the persons making the statements.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/19.Admissions by persons whose position must be proved as against party to suit

19. Admissions by persons whose position must be proved as against party to suit

Statements made by persons whose position or liability it is necessary to prove as against any party to the suit are admissions if the statements would be relevant as against those persons in relation to the position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies that position or is subject to that liability.

ILLUSTRATIONS

A undertakes to collect rents for B.

B sues A for not collecting rent due from C to B.

A denies that rent was due from C to B .

A statement byC that he owned B rent is an admission and is a relevant fact, as against A if Adenies that C did owe rent to B.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/20.Admissions by persons expressly referred to by party to suit

20. Admissions by persons expressly referred to by party to suit

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

ILLUSTRATIONS

The question is whether a horse sold by A to B is sound.

A says to B: "Go and ask C; C knows all about it." C's statement is an admission.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/21.Proof of admissions against persons making them and by or on their behalf

21. Proof of admissions against persons making them and by or on their behalf

Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest except in the following cases:

(a) an admission may be proved by or on behalf of the person making it when it is of a nature that, if the person making it were dead, it would be relevant as between third persons under section 32;

(b) an admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body relevant or in issue, made at or about the time when that state of mind or body existed and is accompanied by conduct rendering its falsehood improbable;

(c) an admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission. 

ILLUSTRATIONS

(a) The question between A and B is whether a certain document is or is not forged. A affirms that it is genuine; B that it is forged. 

A may prove a statement by B that the document is genuine, and B may prove a statement by A that the document is forged; but A cannot prove a statement by himself that the document is genuine, nor can B prove a statement by himself that the document is forged.

(b) A, the captain of a ship, is tried for casting her away. 

Evidence is given to show that the ship was taken out of her proper course.

A produces a book kept by him in the ordinary course of his business, showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements because they would be admissible between third parties if he were dead under paragraph 32(1)(b).

(c) A is accused of a crime committed by him at Kuala Lumpur. He produces a letter written by himself and dated at Penang on that day, and bearing the Penang postmark of that day. 

The statement in the date of the letter is admissible, because if A were dead it would be admissible under paragraph 32(1)(b).

(d) A is accused of receiving stolen goods, knowing them to be stolen. 

He offers to prove that he refused to sell them below their value.

Amay prove these statements though they are admissions, because they are explanatory of conduct influenced by facts in issue.

(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. 

He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine.

A may prove these facts for the reasons stated in illustration (d).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/22.When oral admissions as to contents of documents are relevant

22. When oral admissions as to contents of documents are relevant

Oral admissions as to the contents of a document are not relevant unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of the document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/23.Admissions in civil cases when relevant

23. Admissions in civil cases when relevant

In civil cases no admission is relevant if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

Explanation--Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under section 126.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/24.Confession caused by inducement, threat or promise when irrelevant in criminal proceeding

24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding

A confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient in the opinion of the court to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/25.Confession to police officer below the rank of Inspector not to be proved

25. Confession to police officer below the rank of Inspector not to be proved

(1) Subject to any express provision contained in any written law, no confession made to a police officer who is below the rank of Inspector by a person accused of any offence shall be proved as against that person.

(2) (Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/26.Confession by accused while in custody of police not to be proved against him

26. Confession by accused while in custody of police not to be proved against him

(1) Subject to any express provision contained in any written law, no confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Sessions Court Judge or Magistrate, shall be proved as against that person.

(2) (Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/27.How much of information received from accused may be proved

27. How much of information received from accused may be proved

(1) When any fact is deposed to as discovered in consequence of information received from a person accused of any offence in the custody of a police officer, so much of that information, whether the information amounts to a confession or not, as relates distinctly to the fact thereby discovered may be proved.

(2) (Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/28.Confession made after removal of impression caused by inducement, threat or promise relevant

28. Confession made after removal of impression caused by inducement, threat or promise relevant

(1) If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it is relevant.

(2) (Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/29.Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

(1) If such a confession as is referred to in section 24 is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make a confession and that evidence of it might be given against him.

(2) (Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/30.Consideration of proved confession affecting person making it and others jointly under trial for same offence

30. Consideration of proved confession affecting person making it and others jointly under trial for same offence

(1) When more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself and some other of those persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.

(2) (Deleted by Act A324).

Explanation-- "offence" as used in this section includes the abetment of or attempt to commit the offence.

ILLUSTRATIONS

(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered C." The court may consider the effect of this confession as against B.

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said: "A and I murdered C." 

This statement may not be taken into consideration by the court against A as B is not being jointly tried.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/31.Admissions not conclusive proof but may estop

31. Admissions not conclusive proof but may estop

Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions hereinafter contained.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/31A.Omitted or Deleted Section

31A. Omitted or Deleted Section

(Deleted by Act A978).

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/32.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

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

(1) Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the court unreasonable, are themselves relevant facts in the following cases:

(a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question.

Such a statement is relevant whether the person who made it was or was not at the time when it was made under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question;

(b) when the statement was made by any such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce, written or signed by him, or of the date of a letter or other document usually dated, written or signed by him;

(c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages;

(d) when the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which if it existed he would have been likely to be aware, and when the statement was made before any controversy as to the right, custom or matter had arisen;

(e) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised;

(f) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree or upon any tombstone, family portrait or other thing on which such statements are usually made, and when the statement was made before the question in dispute was raised;

(g) when the statement is contained in any document which relates to any transaction as is mentioned in paragraph 13(a);

(h) when the statement was made by a number of persons and expressed feelings or impressions on their part relevant to the matter in question;

(i) when the statement was made in the course of, or for the purposes of, an investigation or inquiry into an offence under or by virtue of any written law; and

(j) where the statement was made by a public officer in the discharge of his duties. 

ILLUSTRATIONS

(a) The question is whether A was murdered by B; or 

A dies of injuries in a transaction in the course of which she was ravished. The question is whether she was ravished by B; or

The question is whether A was killed by B under circumstances that a suit would lie against B by A's widow.

Statements made by A as to the cause of his or her death, referring respectively to the murder,the rape and the actionable wrong under consideration, are relevant facts.

(b) The question is as to the date of A's birth. 

An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that on agiven day he attended A 's mother and delivered her of a son, is relevant fact.

(c) The question is whether A was in Kuala Lumpur on a given day. 

A statement in the diary of a deceased advocate regularly kept in the course of business that on a given day the advocate attended A at a place mentioned in Kuala Lumpur for the purpose of conferring with him upon specified business is a relevant fact.

(d) The question is whether a ship sailed from Penang harbour on a given day. 

A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Penang harbour is a relevant fact.

(e) The question is whether rent was paid to A for certain land. 

A letter from A's deceased agent to B, saying that he had received the rent on A's account and held it at A's orders, is a relevant fact.

(f) The question is whether A and B were legally married. 

The statement of a deceased clergyman that he married them under circumstances that the celebration would be a crime is relevant.

(g) The question is whether A, a person who cannot be found, wrote a letter on a certain day. 

The fact that a letter written by him is dated on that day is relevant.

(h) The question is what was the cause of the wreck of a ship? 

A protest made by the captain, whose attendance cannot be procured, is a relevant fact.

(i) The question is whether a given road is a public way. 

A statement by A, a deceased Penghulu of the Mukim, that the road was public is a relevant fact.

(j) The question is what was the price of shares on a certain day in a particular market. 

A statement of the price made by a deceased broker in the ordinary course of his business is a relevant fact.

(k) The question is whether A, who is dead, was the father of B. 

A statement by A that B was his son is a relevant fact.

(l) The question is what was the date of the birth of A? 

A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.

(m) The question is whether and when A and B were married. 

An entry in a memorandum book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact.

(n) A sues B for a libel expressed in a printed caricature exposed in a shop window. 

The question is as to the similarity of the caricature and its libellous character.

The remarks of a crowd of spectators on these points may be proved.

(2) The provisions of paragraphs (1)(i) and (j) shall apply only in relation to a criminal proceeding.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/33.Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable:

Provided that--

(a) the proceeding was between the same parties or their representatives in interest;

(b) the adverse party in the first proceeding had the right and opportunity to cross-examine;

(c) the questions in issue were substantially the same in the first as in the second proceeding. 

Explanation--A criminal trial or inquiry shall be demed to be a proceeding between the prosecutor and the accused within the meaning of this section.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/34.Entries in books of account when relevant

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

Statements Made Under Special Circumstances

34. Entries in books of account when relevant

Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire, but the entries shall not alone be sufficient evidence to charge any person with liability.

ILLUSTRATION

A sues B for RM1,000 and shows entries in his account books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient without other evidence to prove the debt.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/35.Relevancy of entry in public record made in performance of duty

35. Relevancy of entry in public record made in performance of duty

An entry in any public or other official book, register or record, stating a fact in issue or relevant fact and made by a public servant in the discharge of his official duty or by any other person in performance of a duty specially enjoined by the law of the country in which the book, register or record is kept, is itself a relevant fact.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/36.Relevancy of statements in maps, charts and plans

36. Relevancy of statements in maps, charts and plans

Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Government of Malaysia or of any State as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/37.Relevancy of statement as to fact of public nature contained in certain legislation or notifications

37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications

When the court has to form an opinion as to the existence of any fact of a public nature any statement of it made in a recital contained in--

(a) any legislation enacted by Parliament or by the legislature of any part of the Commonwealth;

(b) any legislation enacted by the legislature of any State; or

(c) any printed paper purporting to be--

(i) the Gazette printed under the authority of the Government of Malaysia or of any State;

(ii) the London Gazette; or

(iii) the Gazette of any other part of the Commonwealth including, where any part thereof is both under a central Government and a local Government, any such local Government, is a relevant fact.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/38.Relevancy of statements as to any law contained in law books

38. Relevancy of statements as to any law contained in law books

When the court has to form an opinion as to a law of any country, any statement of that law contained in a book purporting to be printed or published under the authority of the Government of that country, and to contain any such law, and any report of a ruling of the courts of that country contained in a book purporting to be a report of such rulings, is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/39.What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

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

When any statement of which evidence is given forms part of a longer statement or of a conversation, or part of an isolated document or is contained in a document which forms part of a book or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement and of the circumstances under which it was made.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/40.Previous judgments relevant to bar a second suit or trial

Part I RELEVANCY

Chapter II relevancy of facts

Division Judgments of Courts when Relevant

40. Previous judgments relevant to bar a second suit or trial

The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether the court ought to take cognizance of the suit or to hold the trial.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/41.Relevancy of certain judgments in probate, etc., jurisdiction

41. Relevancy of certain judgments in probate, etc., jurisdiction

(1) A final judgment, order or decree of a court, in the exercise of probate, matrimonial, admiralty or bankruptcy jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character or the title of any such person to any such thing is relevant.

(2) Such judgment, order or decree is conclusive proof--

(a) that any legal character which it confers accrued at the time when the judgment, order or decree came into operation;

(b) that any legal character to which it declares any such person to be entitled accrued to that person at the time when the judgment, order or decree declares it to have accrued to that person;

(c) that any legal character which it takes away from any such person ceased at the time from which the judgment, order or decree declared that it had ceased or should cease; and

(d) that anything to which it declares any person to be so entitled was the property of that person at the time from which the judgment, order or decree declares that it had been or should be his property. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/42.Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41

42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41

Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.

ILLUSTRATIONS

A sues B for trespass on his land. B alleges the existence of a public right of way over the land which A denies.

The existence of a decree in favour of the defendant in a suit by Aagainst C for a trespass on the same land in which C alleged the existence of the same right of way is relevant, but it is not conclusive proof that the right of way exists.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/43.Judgments, etc., other than those mentioned in sections 40 to 42 when relevant

43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant

Judgments, orders or decrees other than those mentioned in sections 40, 41 and 42 are irrelevant unless the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act.

ILLUSTRATIONS

(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case or in neither. 

A obtains a decree against C for damages on the ground thatC failed to make out his justification. The fact is relevant as between B and C.

(b) A prosecutes B under section 498 of the Penal Code for enticing away C, A's wife. B denies that C is A's wife, but the court convicts B. 

Afterwards C is prosecuted for bigamy in marrying Bduring A's lifetime. C says that she never was A's wife.

The judgment against B is irrelevant as against C .

(c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. 

The existence of the judgment is relevant as showing motive for a crime.

(d) A is charged with theft and with having been previously convicted of theft. 

The previous conviction is relevant as a fact in issue.

(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue. 

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/44.Fraud or collusion in obtaining judgment or incompetency of court may be proved

44. Fraud or collusion in obtaining judgment or incompetency of court may be proved

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a court not competent to deliver it or was obtained by fraud or collusion.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/45.Opinions of experts

Part I RELEVANCY

CHAPTER II - RELEVANCY OF FACTS

Opinions of Third Persons When Relevant

45. Opinions of experts

(1) When the court has to form an opinion upon a point of foreign law or of science or art, or as to identity or genuineness of handwriting or finger impressions, the opinions upon that point of persons specially skilled in that foreign law, science or art, or in questions as to identity or genuineness of handwriting or finger impressions, are relevant facts.

(2) Such persons are called experts.

ILLUSTRATIONS

(a) The question is whether the death of A was caused by poison. 

The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant.

(b) The question is whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. 

The opinions of experts upon the question whether symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do or of knowing that what they do is either wrong or contrary to law, are relevant.

(c) The question is whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. 

The opinions of experts on the question whether the two documents were written by the same person or by different persons are relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/46.Facts bearing upon opinions of experts

46. Facts bearing upon opinions of experts

Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant.

ILLUSTRATIONS

(a) The question is whether A was poisoned by a certain poison. 

The fact that other persons who were poisoned by that poison exhibited certain symptoms, which experts affirm or deny to be the symptoms of that poison, is relevant.

(b) The question is whether an obstruction to a harbour is caused by a certain sea wall. 

The fact that other harbours similarly situated in other respects but where there were no such sea walls began to be obstructed at about the same time is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/47.Opinion as to handwriting when relevant

47. Opinion as to handwriting when relevant

When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to have been written or signed, that it was or was not written or signed by that person, is a relevant fact.

Explanation--A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.

ILLUSTRATIONS

The question is whether a given letter is in the handwriting of A, a merchant in London.

B is a merchant in Kuala Lumpur, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written byA for the purpose of advising him thereon.

The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/48.Opinion as to existence of right or custom when relevant

48. Opinion as to existence of right or custom when relevant

When the court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its existence, if it existed, are relevant.

Explanation--The expression "general custom or right" includes customs or rights common to any considerable class of persons.

ILLUSTRATION

The right of the inhabitants of a particular village to use the water of a particular well is a general right within the meaning of this section.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/49.Opinion as to usages, tenets, etc., when relevant

49. Opinion as to usages, tenets, etc., when relevant

When the court has to form an opinion as to--

(a) the usages and tenets of any body of men or family;

(b) the constitution and government of any religious or charitable foundation; or

(c) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are relevant facts.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/50.Opinion on relationship when relevant

50. Opinion on relationship when relevant

(1) When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact.

(2) Such opinion shall not be sufficient to prove a marriage in prosecutions under section 494, 495 or 498 of the Penal Code [Act 574].

ILLUSTRATIONS

(a) The question is whether A and B were married. 

The fact that they were usually received and treated by their friends as husband and wife is relevant.

(b) The question is whether A was a legitimate son of B. 

The fact that A was always treated as such by members of the family is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/51.Grounds of opinion when relevant

51. Grounds of opinion when relevant

Whenever the opinion of any living person is relevant, the grounds on which his opinion is based are also relevant.

ILLUSTRATION

An expert may give an account of experiments performed by him for the purpose of forming his opinion.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/52.In civil cases character to prove conduct imputed irrelevant

Part I RELEVANCY

Chapter II - RELEVANCY OF FACTS

Character When Relevant

52. In civil cases character to prove conduct imputed irrelevant

In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant, except so far as his character appears from facts otherwise relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/53.In criminal cases previous good character relevant

53. In criminal cases previous good character relevant

In criminal proceedings the fact that the person accused is of a good character is relevant.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/54.Previous bad character not relevant except in reply

54. Previous bad character not relevant except in reply

(1) In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

(2) A person charged and called as a witness shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed, or been convicted of or been charged with, any offence other than that wherewith he is then charged, or is of bad character, unless--

(a) the proof that he has committed or been convicted of that other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged;

(b) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; or

(c) he has given evidence against any other person charged with the same offence. 

Explanation 1--This section does not apply to cases in which the bad character of any person is itself a fact in issue.

Explanation 2--A previous conviction is relevant as evidence of bad character.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56,,/55.Character as affecting damages

55. Character as affecting damages

In civil cases the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant.

Explanation--In sections 52, 53, 54 and 55 the word "character" includes both reputation and disposition; but, except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition is shown.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/56.Fact judicially noticeable need not be proved

Part II PROOF

CHAPTER III - FACTS WHICH NEED NOT BE PROVED

56. Fact judicially noticeable need not be proved

No fact of which the court will take judicial notice need be proved.

Unannotated Statutes of Malaysia - Principal Acts/EVIDENCE ACT 1950 Act 56/EVIDENCE ACT 1950 ACT 56/57.Facts of which court must take judicial notice