GLUP4053 Law of Evidence I

DOCUMENTARY
EVIDENCE
(SECTION 3)

TOPIC 8
PROVING
DOCUMENTS
(SECTION 61)

DOCUMENTARY PRIMARY
EVIDENCE
SECONDARY
EVIDENCE

EVIDENCE
(SECTION 62) (SECTION 63)

DOCUMENT ITSELF IS INCLUDE CERTIFIED

PRODUCED FOR THE COPIES, COPIES MADE
DR ANI MUNIRAH MOHAMAD FROM THE ORIGINAL,
INSPECTION OF THE
U U M S C H O O L O F L AW COURT COUNTERPARTS, ETC.

PROVING DOCUMENTS IMPORTANT NOTE

• MUST BE BY PRIMARY EVIDENCE
• WHEN CAN USE SECONDARY EVIDENCE? à IF PRIMARY CANNOT BE PRODUCED
1. Original in the possession of some other person
2. When the existence, condition and contents is admitted by the opposite party SECONDARY DOCUMENT
SECONDARY DOCUMENT
3. Lost @ destroyed CANNOT BE GIVEN WHEN
CAN BE GIVEN ONLY IF
4. Not easily movable CERTAINPRIMARY
PRIMARY DOCUMENT IS
5. Original is a public document (S. 74) DOCUMENT IS NOT
ADMISSIBLE
ADMISSIBLE
6. A certified copy of public document, e.g. EA
7. Original has numerous accounts, which court cannot conveniently examine

Dr. Ani Munirah Mohamad, UUM School of Law 1

 GLUP4053 Law of Evidence I

OTHER SECTIONS PUBLIC/PRIVATE DOCUMENTS

• SECTION 74 – PUBLIC DOCUMENTS

• SECTION 75 – PRIVATE DOCUMENTS

• DOCUMENTS FORMING ACTS OR
NOTICE TO WAYS OF
ATTESTATION RECORDS OF ACTS OF:
PRODUCE PRODUCING – SOVEREIGN AUTHORITY • OTHER THAN THOSE MENTIONED IN
S.74
– OFFICIAL BODIES AND TRIBUNALS
– PUBLIC OFFICERS, LEGISLATIVE,
PRESUMPTIONS ADMISSIBILITY JUDICIAL AND EXECUTIVE
COMPARISON
AS TO OF DOCUMENT • FEDERAL
OF SIGNATURE
ATTESTATION IN CIVIL CASES • STATE
• FOREIGN COUNTRY

SPECIFIC TYPES OF DOCUMENTS

FIR – LAPORAN MAKLUMAT PERTAMA
Statements made
First information in the course of
reports Photographs
investigations
• Complaint lodged with the police by the victim of offence
• Legal position: Procedure for the police to begin investigation + discussion
• Case: Cinnakarapan v PP @ Balachandran v PP
Audio/video Electronic
• FIR is admissible in criminal cases subject to makers available for cross-examine, or it would
recording evidence
become hearsay

Dr. Ani Munirah Mohamad, UUM School of Law 2

 GLUP4053 Law of Evidence I

STATEMENTS IN THE COURSE OF PHOTOGRAPHS &

INVESTIGATION? AUDIO/VIDEO TAPE RECORDINGS
• SECTION 112 & 113 OF THE CPC • IT MUST BE RELEVANT
• MUST BE REDUCED IN WRITING • AUTHENTICATED (TO BE GENUINE)
• STATEMENTS ARE NOT ADMISSIBLE UNLESS THE MAKER IS CROSS-EXAMINED • READ WITH S.90A, 90B AND 90C
• EXCEPTIONS
– IMPEACHING
– SUPPORT HIS DEFENCE
– ID PARADE
– S.27 (DISCOVERY STATEMENT)
– CHARGE – IS FOR THE MAKING OF THE CONTENTS OF THE STATEMENT

ELECTRONIC EVIDENCE

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Dr. Ani Munirah Mohamad, UUM School of Law 3