Part I of Malaysian Evidence Act, 1950

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Contents

CHAPTER I: PRELIMINARY

  • Section 1: Short title
  • Section 2: Extent
  • Section 3: Interpretation
  • Section 4: Presumption

CHAPTER II: RELEVANCY OF FACTS

General

  • Section 5: Evidence may be given of facts in issue and relevant facts
  • Section 6: Relevancy of facts forming part of same transaction
  • Section 7: Facts which are the occasion, cause or effect of facts in issue
  • Section 8: Motive, preparation and previous or subsequent conduct
  • Section 9: Facts necessary to explain or introduce relevant facts
  • Section 10: Things said or done by conspirator in reference to common design
  • Section 11: When facts not otherwise relevant become relevant
  • Section 12: In suits for damages facts tending to enable court to determine amount are relevant
  • Section 13: Facts relevant when right or custom is in question
  • Section 14: Facts showing existence of state of mind or of body or bodily feeling
  • Section 15: Facts bearing on question whether act was accidental or intentional
  • Section 16: Existence of course of business when relevant

Admissions and Confessions

  • Section 17: Admission and confession defined
  • Section 18: Admission by party to proceeding, his agent or person interested
  • Section 19: Admissions by persons whose position must be proved as against party to suit
  • Section 20: Admissions by persons expressly referred to by party to suit
  • Section 21: Proof of admissions against persons making them and by or on their behalf
  • Section 22: When oral admissions as to contents of documents are relevant
  • Section 23: Admissions in civil cases when relevant
  • Section 24: Confession caused by inducement, threat or promise when irrelevant in criminal proceeding
  • Section 25: Confession to police officer below the rank of Inspector not to be proved
  • Section 26: Confession by accused while in custody of police not to be proved against him
  • Section 27: How much of information received from accused may be proved
  • Section 28: Confession made after removal of impression caused by inducement, threat or promise relevant
  • Section 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
  • Section 30: Consideration of proved confession affecting person making it and others jointly under trial for same offence
  • Section 31: Admissions not conclusive proof but may estop
  • Section 31A: (Deleted)

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
  • Section 33: Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

Evidence

Statements made under Special Circumstances

  • Section 34: Entries in books of account when relevant
  • Section 35: Relevancy of entry in public record made in performance of duty
  • Section 36: Relevancy of statements in maps, charts and plans
  • Section 37: Relevancy of statement as to fact of public nature contained in certain legislation or notifications
  • Section 38: Relevancy of statements as to any law contained in law books

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

Judgments of Courts when relevant

  • Section 40: Previous judgments relevant to bar a second suit or trial
  • Section 41: Relevancy of certain judgments in probate, etc., jurisdiction
  • Section 42: Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41
  • Section 43: Judgments, etc., other than those mentioned in sections 40 to 42 when relevant
  • Section 44: Fraud or collusion in obtaining judgment or incompetency of court may be proved

Opinions of Third Persons when relevant

  • Section 45: Opinions of experts
  • Section 46: Facts bearing upon opinions of experts
  • Section 47: Opinion as to handwriting when relevant
  • Section 48: Opinion as to existence of right or custom when relevant
  • Section 49: Opinion as to usages, tenets, etc., when relevant
  • Section 50: Opinion on relationship when relevant
  • Section 51: Grounds of opinion when relevant

Character when relevant

  • Section 52: In civil cases character to prove conduct imputed irrelevant
  • Section 53: In criminal cases previous good character relevant
  • Section 54: Previous bad character not relevant except in reply
  • Section 55: Character as affecting damages

Parts of the Malaysian Evidence Act

  • Part I: Relevancy (Section 1 to Section 55)
  • Part II: Proof (Section 56 to Section 100)
  • Part III: Production and effect of evidence (Section 100 to 167)

Legal Definitions


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