On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 20/12/1997.
Preliminary
1. This Act may be cited as the Evidence Act.
2.
—(1) Parts I, II and III shall apply to all judicial proceedings in or before any court, but not to affidavits presented to any court or officer nor to proceedings before an arbitrator.
(2) All rules of evidence not contained in any written law, so far as such rules are inconsistent with any of the provisions of this Act, are repealed.
3.
—(1) In Parts I, II and III, unless the context otherwise requires —
“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include —
(a)
an automated typewriter or typesetter;
(b)
a portable hand held calculator;
(c)
a device similar to those referred to in paragraphs (a) and (b) which is non-programmable or which does not contain any data storage facility;
(d)
such other device as the Minister may by notification prescribe;
“computer output” or “output” means a statement or representation (whether in audio, visual, graphical, multi-media, printed, pictorial, written or any other form) —
(a)
produced by a computer; or
(b)
accurately translated from a statement or representation so produced;
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
“document” means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means intended to be used or which may be used for the purpose of recording that matter;
Illustrations
A writing is a document.
Words printed, lithographed or photographed are documents.
A map or plan is a document.
An inscription on a metal plate or stone is a document.
A caricature is a document.
“evidence” includes —
(a)
all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence;
(b)
all documents produced for the inspection of the court: such documents are called documentary evidence;
“fact” includes —
(a)
any thing, state of things, or relation of things, capable of being received by the senses;
(b)
any mental condition of which any person is conscious;
Illustrations
(a) That there are certain objects arranged in a certain order in a certain place is a fact.
(b) That a man heard or saw something is a fact.
(c) That a man said certain words is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation is a fact.
“fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows.
Illustrations
A is accused of the murder of B.
At his trial the following facts may be in issue:
that A caused B’s death;
that A intended to cause B’s death;
that A had received grave and sudden provocation from B;
that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
(2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
(3) A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.
(4) A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
(5) A fact is said to be “not proved” when it is neither proved nor disproved.
4.
—(1) Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved unless and until it is disproved, or may call for proof of it.
(2) Whenever it is directed by this Act that the court shall presume a fact, it shall regard such fact as proved unless and until it is disproved.
(3) When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.