Law Of Evidence In Malaysia
This update in the law came rather later than those in fellow commonwealth countries such as australia and the united kingdom where most additions to current law dealing with technology were incorporated in the 1970s and 1980s.
Law of evidence in malaysia. Presumption chapter ii relevancy of facts general 5. Law of evidence malaysia is based on common law principles. Admissibility of evident of conduct in malaysia 1 0 introduction the crux of this course paper is on section 8 of the evident act in malaysia. Relevancy of facts forming part of same transaction 7.
The law governs matter of evidence is evidence act 1950 act 56 while islamic law of evidence is found in the qur an. First and foremost judge is required to warn himself in the context of malaysia judiciary system on the dangers of identification evidence. Law of evidence in malaysia by students from the faculty of law universiti kebangsaan malaysia ukm saturday december 15 2012. Law of evidence in malaysia by students from the faculty of law universiti kebangsaan malaysia ukm.
Law of evidence in malaysia second edition provides a clear explanation of evidence law in malaysia and includes regular citation of case authorities both local and foreign to help in the understanding of the application of the provisions of the evidence act 1950. Hearsay hearsay is information gathered by one person from another person concerning some event condition or thing of which the first person had no direct experience. Sabah and sarawak 1 november 1971 p u a 261 1971 part i relevancy chapter i preliminary short title 1. Mohd kamaruzaman bin abdul wahab topic.
Laws of malaysia act 56 evidence act 1950 an act to define the law of evidence. Law of evidence i law 529 academic year. This act may be cited as the evidence act 1950. Law of evidence 1 1st lecture.
If under the position of common law this very evidence would likely to be held inadmissible as there is a gap of time in between the making of the threat and the occurrence of the offence. The correctness of identifications against the accused should not be mistaken as the extent of reliance must be balanced with accuracy of identification. Section 8 of law of evidence is as follows 1 any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. Malaysia amended its statute on evidence in 1993 to incorporate a section on electronic evidence.
Subsequently the principles enunciated in the qur an had through the evolution of time and for precision s sake been codified inter alia as the kelantan evidence enactment no 2 of 1991. Evidence 3 laws of malaysia act 56 evidence act 1950 arrangement of sections part i relevancy chapter i preliminary section 1.