Law of Evidence: A Commentary, 2nd Edition

Description

The mastery of the rules of evidence is indispensable in the armoury of every lawyer. This new second edition of Law of Evidence: A Commentary marks a significant leap from the original 2020 edition with fully updated and expanded commentary on the Evidence Act 1950.

The principles of law developed through cases over the years, both local and foreign, are skilfully distilled and succinctly summarised for the easy guidance of readers. The decisions of the Indian courts which are important for a better understanding of evidence law have been carefully considered and discussed. Instructive cross-references guide users through the intricacies
of the working of the Malaysian law of evidence.

For legal professionals and students alike, this updated version is invaluable, bridging the gap between fundamental evidence rules and Malaysia’s rapidly modernising judicial landscape.

Key developments covered in this new edition
– Impact of the Evidence (Amendment) Act 2024, which removed section 133A and amended section 118 to align child witness evidence with the Evidence of Child Witness Act 2007.
– Consideration of new mandatory inquiry to rebut the competency of child witness and whether conviction can be sustained on uncorroborated unsworn evidence of a child.
– Review of the procedure for pre-recorded testimony of child witness.
– Recent Federal Court developments regarding the admissibility of DNA evidence to rebut the “conclusive” presumption of legitimacy under section 112 of the Evidence Act 1950.
– Discussion of emerging developments in evidence law, including comparative insights from India’s Bharatiya Sakshya Adhiniyam 2023 and reforms to the Singapore Evidence Act, highlighting potential directions for modernising Malaysia’s evidence law.
– Updated and expanded appendices, including revised commentary on the Bankers’ Books (Evidence) Act 1949 and a new appendix on the Evidence of Child Witness Act 2007.

KEY FEATURES:
– Clear and analytical section-by-section commentary, explaining the operation, interpretation and practical application of each provision of the Evidence Act 1950.
– Up-to-date text of all provisions of the Evidence Act 1950.
– Comprehensive case law analysis, incorporating leading Malaysian decisions together with persuasive authorities from India, Singapore and the United Kingdom.
– Historical context and legislative cross-references, helping readers understand how evidentiary provisions interact with related statutes such as the Criminal Procedure Code.
– Practical and accessible guide, presenting complex principles of evidence in a structured and readable format.

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CONTENTS: 

Part I: Relevancy
1. Preliminary
2. Relevancy of Facts

Part II: Proof
3. Facts Which Need Not Be Proved
4. Oral Evidence
5. Documentary Evidence
6. Admissibility of Evidence Obtained under Mutual Assistance in Criminal Matters Requests
7. Exclusion of Oral by Documentary Evidence

Part III: Production and Effect of Evidence
8. Burden of Proof
9. Estoppel
10. Witnesses
11. Examination of Witnesses
12. Improper Admission and Rejection of Evidence

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ABOUT THE AUTHOR
Srimurugan Alagan is a distinguished practitioner who trained under the late Karpal Singh. His extensive litigation experience provides the strong foundation of this book. A prolific contributor to the Malaysian White Book and author of authoritative texts on the Federal Constitution, the Penal Code and the Criminal Procedure Code, he has also authored Jurisdiction of the Courts in
Malaysia and Personal Insolvency Law in Malaysia.

Srimurugan was appointed by the Minister in the Prime Minister’s Department to the Ad Hoc Committee for the Review and Reform of Malaysia’s Penal Code, Criminal Procedure Code and Evidence Act 1950 (CLRC) in March 2025.

Holding an LLM in International Dispute Resolution, he provides a unique blend of academic rigour and practical experience that ensures this work is both practically grounded and legally illuminative.