LEI 3024:LAW OF EVIDENCE

TOPIC 12:DOCUMENTARY EVIDENCE

 LEARNING OUTCOME
1. Appraise and evaluate evidence from appropriate legal
sources to make independent, logical arguments.
2. Demonstrate confidence and flexibility in identifying
complex legal issues and applying appropriate methods
and knowledge to their solutions.
 DOCUMENTARY EVIDENCE
Documentary evidence is evidence that derived from
material source or substance.
Section 3 of Evidence Act 1950 defined “evidence” as all

documents produced for the inspection of the court, and

such documents are called documentary evidence. 
CONT..
 While “Documents” under Section 3 of Evidence Act means any matter
expressed, described, or howsoever represented, upon any substance,
material, thing or article, including any matter embodied in a disc, tape,
film, sound track or other device whatsoever.
 Example:-
 A writing is a document.
 Words printed or photographed are documents.
 A map, plan, graph or sketch is a document.
 An inscription on wood, metal, stone or any other substance, material or thing is a document.
 A drawing, painting, picture or caricature is a document.
 A photograph or a negative is a document.
 TYPE OF DOCUMENTARY EVIDENCE
Documentary evidence can be categorized into two which
are:

a Primary Evidence

b.   Secondary Evidence
 PRIMARY EVIDENCE
Section 61 provides that the contents of a document may
be proved by either primary or secondary evidence.
Section 62 defines primary evidence as the actual or

original documents itself is produced for the inspection

of the court.
whereas secondary evidence is a copy of original

document.
SECONDARY EVIDENCE
 Section 63 defines Secondary evidence includes—
(a) certified copies given under the provisions hereinafter contained;
(b) copies made from the original by mechanical processes, which in themselves ensure
the accuracy of the copy, and copies compared with such copies;
(c) copies made from or compared with the original;
(d) oral accounts of the contents of a document given by some person who has himself
seen or heard it or perceived it by whatever means.
BEST EVIDENCE RULE
 Just like other evidence, documentary evidence must be material and relevant
and subject to the “Best Evidence Rule” that requires the original
document to be produced unless there is a good reason not to do so. 
(Section 64 of evidence Act)
 Photographs, tape recordings, films, letters, bills, contracts, and printed
emails are all forms of documentary evidence.
 No document can be admitted as evidence without some proof of
authentication.
 Thus, for these documents to be admitted in court, it has to be properly
identified and authenticated .
 AUTHENTICATION OF DOCUMENTARY
EVIDENCE
Generally, authentication in the eyes of evidence is the
process by which documentary evidence and other
physical evidence is proven to be genuine, and not
forgery.
In other words, it is a rule that requires evidence to be

sufficient to support a finding that the matter in

question is what its proponent claims. It must be genuine
in order for it to be admissible in court. 
 Common methods of authentication of a document:

1.      A witness who is present during the signing of the document can
identify and attest to the existence of the document.

2.      Non-expert witness  who is familiar with the handwriting or

signature of the person who sign the document can also testify that
document

3.      An expert- a document examiner who can compare handwriting

samples and give his opinion regarding the document
5.      Records of business transactions can be identified and
authenticated by the custodian of the records

6.      Certified copies of public records, official documents,

and newspapers are self-authenticating documents that do not
require outside authentication to be admitted as court evidence.
SELF-AUTHENTICATING DOCUMENTS.

However, there are also several documents which do not

require validation to be considered as original documents.
These documents have been generally deemed to be self-
authenticating documents.
Self-authenticating documents or documents that do not
require outside authentication are the following:
1. Acknowledge documents to prove receipt of such
3. Certificates of business records
4. Certified copies of public records
5. Newspapers
6. Official documents
DOCUMENT PRODUCE BY COMPUTER
 Explanation 3 of the Section 62 of Evidence Act 1950 provides that a
document produced by computer is primary evidence.
 Section 90A (1) of the Evidence Act 1950 provides that in any criminal or
civil proceeding a document produced by a computer, or a statement
contained in such document, shall be admissible if the document was
produced by the computer in the course of its ordinary use.[dokumen itu
telah dikeluarkan oleh komputer itu dalam perjalanan penggunaannya
yang biasa]
 CASE
Hanafi bin Mat Hassan v Public Prosecutor [2006]
The accused was charged in the High Court with rape and
murder of the deceased on 7 October 2000. It was alleged
that the accused raped and murdered the deceased while she
was travelling in the bus driven by the accused.
Learned counsel for the accused submitted that the evidence
presented by the prosecution was inadmissible because:-

(i) the bus ticket produced by a ticket machine in a bus

belonging to the bus company of the accused was
inadmissible for failure of the prosecution to tender a
certificate pursuant to section 90A(2) of the Evidence Act
1950;
Whether the bus ticket admissible as electronic evidence?

Before any evidence produced by electronic means can be

admissible as evidence in court, these sections must be
complied with-
 Section 90A(1) of the Evidence Act 1950 states that any document produced by
computer in the course of its ordinary use shall be admissible as evidence,
whether or not the person tendering the same is the maker of such document.

 Section 90A(2) of the Evidence Act 1950 provides that a certificate must be
issued and signed by a person responsible for the management of the operation
of that computer or for the conduct of the activities for which the computer was
used.

 If the person responsible for that computer is present then the certificate is not
required as oral testimony of that person is sufficient and shall be admissible as
evidence.
Section 90A(4) of the Evidence Act 1950 provides for the
presumption of the computer referred to in certificate was in
good working condition throughout the material part of the
period during which the document was produced/issued. 
 Inthis case, there was evidence to show that the ticket machine was
a computer by virtue of section 3 of the Evidence Act 1950 and that
the ticket was produced in the ordinary course of business of the
ticket machine.

 Subsequently,the evidence shows that the ticket machine was in

good working condition. The issuance of the tickets by the machine
shows that it was operating properly in all respects at all material
times.
 Withproof of these two elements whatever is presumed to exist
pursuant to section 90A(4) has been proved by way of oral evidence.

 Therefore, the learned trial judge had dispensed with the need to
tender in evidence the certificate required by section 90A(2).

 The failure of the prosecution to tender a certificate pursuant to

section 90A(2) is irrelevant in this case. Hence, the issue of
inadmissibility of the bus ticket as electronic evidence should now be
unquestionable.
 Atthe end of the case, the court dismissed the appeal and
found the accused guilty for both rape and murder.
END OF SLIDES.
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