Best Evidence Rule Malaysia

Nevertheless section 90a of the evidence act 1950 is what governs malaysia in terms of electronic or digital evidence and its admissibility.

Best evidence rule malaysia. Section 90a evidence act 1950 of malaysia. The original is not required and other evidence of the contents of a writing recording or photograph is admissible when. Relevancy of facts forming part of same transaction 7. A time for review.

Circumstantial evidence is not to be adduced if there is direct evidence available. The best evidence rule is the common law rule of evidence which was stated by lord hardwicke lc in the case of omychund v barker. Best evidence rule in malaysia best evidence rule means that if there are two ways of proving a matter and one method is more cogent than the other the more cogent method must be adopted. Presumption chapter ii relevancy of facts general 5.

To bring the best evidence rule up to date with the realities. The parol evidence rule thus based on the best evidence rule i e. Malaysia amended its statute on evidence in 1993 to incorporate a section on electronic evidence. As an example of the best evidence rule s purpose consider a plaintiff arguing that a specific provision to a contract didn t exist.

Admissibility of other evidence of contents. The best evidence that the party must produce which the nature of the case would permit. In this case the party must provide an acceptable excuse for its absence. The best evidence rule applies when a party wants to admit as evidence the contents of a document at trial but that the original document is not available.

His lordship mentioned that the judges and sages of the law have laid it down that there is but one general rule of evidence the best that the nature of the case will admit. Evidence 3 laws of malaysia act 56 evidence act 1950 arrangement of sections part i relevancy chapter i preliminary section 1. Evidence may be given of facts in issue and relevant facts 6. The best evidence rule is a rule of evidence that requires an original document photograph or other piece of evidence be introduced to the court to prove the contents of that same item.

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. 1 all originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith.