Evidence Act 1950

Evidence Act 1950
Long title An Act to define the law of evidence.
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

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

• Evidence Act

References

• 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)

External links

• Evidence Act 1950 This article incorporates text from this source, which is in the public domain .