The law of evidence determines how the parties are to convince the Court of the existence of the state of facts, which according to the provisions of substantive and procedural laws and would establish the existence of the right or liability that they allege to exist. Thus, this book aims to provide a basic outline of the law of evidence in Malaysia, particularly as provided for in the Malaysian Evidence Act, 1950. This book enables students to appreciate the theoretical basics of the law of evidence and its relationship with adjectival law. Wherever necessary, the basic principles of Islamic law of Evidence will be pointed out in so far as they are important for comparative study. The main references for the course will be local authorities and authorities from other jurisdictions will also be cited to better understand the principles of the law of evidence. This book is meant for final-year law students, basic knowledge of the technicalities of the law of evidence must be imparted first. The subject of evidence law has been taught as the core subject in the public and private law schools in Malaysia for many years but so far, we have not had many local reference books which deal with the subjects for the need of Malaysian teachers, students, legal practitioners, and local authorities. Therefore, this book will undoubtedly greatly assist the law students and legal researchers who must study the subject and the lecturers who have to teach the subjects. Legal practitioners will also find this book useful as the author has sought to state the law and looked academically and critically at the Courts’ decisions. The author believes that this book will become a must for those who are interested in the field.
| Topic | Contents |
|---|---|
| Topic 1 | Introduction to the Law of Evidence |
| Topic 2 | The Evidential Concepts |
| Topic 3 | The Concept of Relevancy |
| Topic 4 | Evidence of Hearsay |
| Topic 5 | Circumstantial Evidence |
| Topic 6 | Proving Circumstantial Evidence in Rape Cases |
| Topic 7 | Illegally Obtained Evidence |
| Topic 8 | The Current Development of Fairness Rule in Illegally Obtained Evidence |
| Topic 9 | The Principles of Res Gestae |
| Topic 10 | The Admissibility of Evidence of Identification |
| Topic 11 | Evidence of Conspiracy |
| Topic 12 | Similar Fact Evidence |
| Topic 13 | Admission and Confession |
| Topic 14 | Voluntariness in Confession |
| Topic 15 | Oppression in Confession |
| Topic 16 | Opinion Evidence |
| Topic 17 | Forensics Evidence |
| Topic 18 | Evidence of Character |
| Topic 19 | Judicial Notice |
| Topic 20 | Computer Generated Document |
| Topic 21 | Burden of Proof and Standard of Proof |
| Topic 22 | Presumptions |
| Topic 23 | Estoppel |
| Topic 24 | The Concept of Privileges |
| Topic 25 | Corroboration |
| Topic 26 | Evidence in Sexual Trials |
| Topic 27 | Evidence of Recent and Delayed Complaints |
| Topic 28 | Evidence of Sexual History |
| Topic 29 | Evidence of Black Magic |
| Topic 30 | Burden and Standard of Proof for Breaching the Standard of Procedure (SOP) During the Movement Control Order (MCO) in Malaysia |









