Law Of Evidence In Malaysia

Law of evidence malaysia is based on common law principles.

Law of evidence in malaysia. What sort of evidence must be given as to fact which may be proved. Forensic experts use science when examining a crime scene and examining evidence. Presumption chapter ii relevancy of facts general 5. Law of evidence in malaysia sunday december 16 2012 subsequent conduct.

The law governs matter of evidence is evidence act 1950 act 56 while islamic law of evidence is found in the qur an. Relevancy of facts forming part of same transaction 7. Evidence act 1950 if there is a conflict between the statute and common law cases the statute shall prevail s. In malaysia the courts tend to follow the principle in england.

Evidence may be given of facts in issue and relevant facts 6. Malaysia amended its statute on evidence in 1993 to incorporate a section on electronic evidence. Absconding flight explanation 2 of section 8 of the evidence act states that 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. The law of evidence also known as the rules of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding.

In kiruma v the queen the court held that the test to be applied in considering whether the evidence is admissible is whether it is relevant to the matters in issue. Application of evidence act common law cases in malaysia case. Law of evidence is part of the law of procedure which with a view to ascertain individual rights and liabilities in individual cases decides. 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.

Evidence 3 laws of malaysia act 56 evidence act 1950 arrangement of sections part i relevancy chapter i preliminary section 1. What facts may and what may not be proved in such cases. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. Law of evidence in malaysia second editionprovides 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.

Statutory provisions relating to alibi in malaysia it is possible to revert to section 103 of the evidence act 1950 as possibly applying to the defence of alibi.