Evidence Act 1950
Appearance
Evidence Act 1950 | |
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Citation | Act 56 |
Territorial extent | Throughout Malaysia |
Enacted | 1950 (Ordinance No. 11 of 1950) Revised: 1971 (Act 56 w.e.f. 1 November 1971) |
Effective | [Peninsular Malaysia--23 May 1950, Ord. No. 11 of 1950; Sabah and Sarawak--1 November 1971, P.U.(A) 261/1971] |
Amended by | |
Federal Constitution (Modification of Laws) (Ordinances and Proclamations) Order 1958 [L.N. 332/1958] Evidence Ordinance (Extension) Order 1971 [P.U.(A) 261/1971] Corrigendum to P.U.(A) 261/1971 [P.U.(A) 280/1971] Revision of Laws (Evidence Act) Order 1974 [P.U.(A) 239/1974] Criminal Procedure Code (Amendment and Extension) Act 1976 [Act A324] Constitution (Amendment) Act 1976 [Act A354] Subordinate Courts Act (Extension) Order 1980 [P.U.(A) 357/1980] Evidence (Amendment) Act 1989 [Act A729] Evidence (Amendment) Act 1993 [Act A851] Evidence (Amendment) Act 1997 [Act A978] | |
Status: In force |
The Evidence Act 1950 (Malay: Akta Keterangan 1950), is Malaysian legislation, which was enacted to define the law of evidence.
Structure
[edit]The Evidence Act 1950, in its current form (1 January 2006), consists of 3 Parts containing 11 chapters, 167 sections and no schedule (including 9 amendments).
- Part I: Relevancy
- Chapter I: Preliminary
- Chapter II: Relevancy of Facts
- General
- Admissions and Confessions
- Statements by Persons who cannot be called as Witnesses
- Statements made under Special Circumstances
- How much of a Statement to be proved
- Judgments of Courts when relevant
- Opinions of Third Persons when relevant
- Character when relevant
- Part II: Proof
- Chapter III: Facts which need not be proved
- Chapter IV: Oral Evidence
- Chapter V: Documentary Evidence
- Public Documents
- Presumptions as to Documents
- Documents Produced by a Computer
- Chapter VI: Exclusion of Oral by Documentary Evidence
- Part III: Production and Effect of Evidence
- Chapter VII: Burden of Proof
- Chapter VIII: Estoppel
- Chapter IX: Witnesses
- Chapter X: Examination of Witnesses
- Chapter XI: Improper Admission and Rejection of Evidence
See also
[edit]References
[edit]- S Mohan. Law of Evidence in Malaysia: With Cases and Commentaries. International Law Book Services. 1992. Passim. Google
- Abdul Rani Kamarudin, "The 'Turnbull Guidelines' Proof and Evidence under the Malaysian Evidence Act 1950" (2003) 11 IIUM Law Journal 263 (No 2) HeinOnline
- Mazupi Abdul Rahman and Ahmad Azam Mohd Shariff, "The Scope and Application of Similar Fact Evidence under the Evidence Act 1950" (2003) 7 Jurnal Undang-undang dan Masyarakat 71 ProQuest
- Mageswary Siva Subramaniam, "Similar fact evidence in Malaysia: A review of Section 11(b) of the Evidence Act 1950" (2018) 26 Asia Pacific Law Review 59 Taylor & Francis
- "Similar Facts in the Supreme Court" (1991) 18 Journal of Malaysian and Comparative Law 171 HeinOnline
- Mohd. Akram bin Hj Shair Mohamed, "The Rule against Hearsay and the Evidence Act 1950" [1990] 2 Malaysian Current Law Journal iii
- "Clearing the Mist of Misconception surrounding the Nature of Without Prejudice Privilege under Section 23 of the Evidence Act 1950" [1988] Current Law Joumal 703 (November/December)
- Akram b. Hj. Shair Mohamed, "The Scope of Legal Professional Privilege under section 127 of the Evidence Act 1950" [1989] 2 Malaysian Current Law Journal 67 (July 1989)
- Muzaffar Syah Mallow, "The Admissibility of Hearsay Evidence with reference to the Malaysian Evidence Act 1950", Proceedings of INTCESS 2020 (7th International Conference on Education and Social Sciences) [1]
External links
[edit]- Evidence Act 1950 This article incorporates text from this source, which is in the public domain.