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Documentary Evidence

The document discusses the best evidence rule and documentary evidence under Malaysian law. It provides examples of the best evidence rule requiring original documents be produced in court. It then lists six types of documentary evidence - typewritten copies, oral accounts, fax copies, video copies, photocopies, and computer-generated documents - giving case illustrations for each. Finally, it discusses the conditions for secondary documentary evidence to be admissible, including the original being destroyed, lost, or otherwise unavailable due to reasons other than the presenting party's fault or neglect, as outlined in Sections 63-65 of the Malaysian Evidence Act.

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56 views3 pages

Documentary Evidence

The document discusses the best evidence rule and documentary evidence under Malaysian law. It provides examples of the best evidence rule requiring original documents be produced in court. It then lists six types of documentary evidence - typewritten copies, oral accounts, fax copies, video copies, photocopies, and computer-generated documents - giving case illustrations for each. Finally, it discusses the conditions for secondary documentary evidence to be admissible, including the original being destroyed, lost, or otherwise unavailable due to reasons other than the presenting party's fault or neglect, as outlined in Sections 63-65 of the Malaysian Evidence Act.

Uploaded by

Nusrat Jahan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Nawshin Shaila

012021020581

BLC

1. Briefly explain the concept of best evidence rule with examples.

Ans: The best evidence rules states that in order to prove the contents of a particular
document, picture, or other piece of evidence, the original must be presented before the
court. Consider a plaintiff's claim that a certain clause in a contract didn't exist as an
illustration of the best evidence rule's intent. The actual contract must be produced by the
parties, not a photocopy. The best evidence rule's goal is to make sure the court receives
unmodified, readable, or clearly audible (in the case of video and audio recordings)
evidence.

One of the first instances in Malaysia to use the best evidence rule was How Chien v. PP. "I
rule that ordinarily prosecuting officers should produce before the Court such real evidence
as circumstances reasonably permit; if it is not reasonably practicable to produce the
material thing itself, they should produce a portion of it, or a sample of it, or a photograph, or
a sketch, or some other ev," said Mills J. in that case, quashing the appellant's conviction for
smuggling forty packets of cigarettes.

2. List down the different types of documentary evidence permitted by law with case
illustrations.

Ans: In contrast to oral testimony, documentary evidence is any evidence that is or can be
presented before a trial in the form of documents. The different types are:

1. Typewritten and carbon copies

a. Rengasamy- Due to the fact that carbon copies were created using the same method as
the top copy, they qualify as primary evidence under Section 62, Explanation 2.

b. In the case of Allied Bank v. Yau Jiok Hua, the typewritten carbon copy was considered
secondary evidence because it was not produced using the same standard procedure as the
original because it required separate signatures.

2. Oral accounts - Section 63(e)


Harjit Singh AIR - Medical officer was not permitted to give oral evidence (Secondary) of
the x-ray which was not produced in court as none of the conditions in Section 65(1) were
satisfied.

3. Fax copies of documents 

Fax copies fall under the definition of a document under Section 3 and are considered
secondary evidence under Section 63(b) as illustrated in the case of PP v. Jawan Ak
Empeling & Anor.

4. Video copy

A copy created from the original video was allowed by the court in DP Vijandran v. PP
because Sections 65(1)(a) and (c) had been met.

5.Photocopy

In the case of Lee Kok Nam, a photostat is a copy of the original made by a mechanical
process within the meaning of s. 63(b), hence it is unquestionably secondary evidence.

6. Computer-generated documents

Explanation 3 of Section 62 states that computer-generated documents are primary


evidence as illustrated in the case of Ganasegaran a/l Pararajasingam v. PP, Zainal's
computerised records were admissible since he could testify about the documents because
he oversaw current account activities.

3. Discuss the conditions under which documents are admissible as secondary


evidence.

Ans: According to Section 63 of the Evidence Act, certain types of documentary evidence
may be used as secondary evidence in court. These include certified copies, mechanically
reproduced copies of the original, copies made from the original or in comparison to it,
counterparts of documents for parties who did not sign them, and oral statements of a
document's contents made by someone who has actually seen, heard, or otherwise
perceived it. On the other hand, Section 64 primarily indicates that if the primary
documented evidence is not accessible, a secondary documentary evidence may be
presented.

According to Section 65 of the Act, or more specifically Section 65 (1) (c), secondary
documentary evidence of the existence, condition, or contents of a document admissible in
evidence may be provided in cases where the original document has been destroyed or lost,
or when the party providing evidence of its contents is unable to produce it in a reasonable
amount of time for any other reason other than his own default or neglect. Nevertheless, a
valid justification for the absence of the original document must be provided when submitting
documentary evidence in accordance with Section 65 of the Act.

According to Kwang Boon Keong Peter v. PP, it is not necessary to demonstrate that there
was no error or carelessness in relation to the loss of an original document. The court was
satisfied that a sufficient search was conducted and that the originals could not be found. In
the case of Tan Sri Tan Hian Tsin v. PP, secondary evidence in the form of photocopies was
permitted. In Wong Choon Mei [1985] 2 CLJ 126, the doctors provided oral testimony
regarding the information found in a few lost X-rays. The witness who provided an oral
recount of the document's contents ought to have seen (read: viewed) the original and not a
copy. He is only permitted to do this if section 65(1) requirements are met.

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