Join our Law Notes WhatsApp Group and stay updated with Legal and Judicial Updates

Singapore Evidence Act

From Lawnotes.in
Jump to:navigation, search
HomeBrud.gifSingapore LawBrud.gifActsBrud.gifSingapore Evidence Act

PART I

RELEVANCY OF FACTS

PRELIMINARY

  • 1 Short title
  • 2 Application of Parts I, II and III
  • 3 Interpretation
  • Section 4: Presumptions

RELEVANCY OF FACTS=

  • 5 Evidence may be given of facts in issue and relevant facts
  • 6 Relevancy of facts forming part of same transaction
  • 7 Facts which are the occasion, cause or effect of facts in issue
  • 8 Motive, preparation and previous or subsequent conduct
  • 9 Facts necessary to explain or introduce relevant facts
  • 10 Things said or done by conspirator in reference to common design
  • 11 When facts not otherwise relevant become relevant
  • 12 In suits for damages facts tending to enable court to determine amount are relevant
  • 13 Facts relevant when right or custom is in question
  • 14 Facts showing existence of state of mind or of body or bodily feeling
  • 15 Facts bearing on question whether act was accidental or intentional
  • 16 Existence of course of business when relevant

ADMISSIONS AND CONFESSIONS

  • 17 Admission and confession defined
  • 18 Admission by party to proceeding or his agent, by suitor in representative character, etc.
  • 19 Admissions by persons whose position must be proved as against party to suit
  • 20 Admissions by persons expressly referred to by party to suit
  • 21 Proof of admissions against persons making them and by or on their behalf
  • 22 When oral admissions as to contents of documents are relevant
  • 23 Admissions in civil cases when relevant
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31 Admissions not conclusive proof but may estop
  • 32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  • 33 Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

  • 34 Entries in books of accounts when relevant
  • 35 Evidence of computer output
  • 36 Supplementary provisions to section 35
  • 36A Rules for filing and receiving evidence and documents in court by using information technology
  • 37 Relevancy of entry in public record made in performance of duty
  • 38 Relevancy of statements in maps, charts and plans
  • 39 Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications
  • 40 Relevancy of statements as to any law contained in law books

HOW MUCH OF A STATEMENT IS TO BE PROVED

  • 41 What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

  • 42 Previous judgments relevant to bar a second suit or trial
  • 43 Relevancy of certain judgments in probate, etc., jurisdiction
  • 44 Relevancy and effect of judgments, orders or decrees other than those mentioned in section 43
  • 45 Judgments, etc., other than those mentioned in sections 42 to 44 when relevant
  • 45A Relevance of convictions and acquittals
  • 46 Fraud or collusion in obtaining judgment or incompetency of court may be proved

OPINIONS OF THIRD PERSONS WHEN RELEVANT

  • 47 Opinions of experts
  • 48 Facts bearing upon opinions of experts
  • 49 Opinion as to handwriting when relevant
  • 50 Opinion as to existence of right or custom when relevant
  • 51 Opinion as to usages, tenets, etc., when relevant
  • 52 Opinion on relationship when relevant
  • 53 Grounds of opinion when relevant

CHARACTER WHEN RELEVANT

  • 54 In civil cases character to prove conduct imputed irrelevant
  • 55 In criminal cases previous good character relevant
  • 56 Admissibility of evidence and questions about accused’s disposition or reputation
  • 57 Character as affecting damages

PART II

PROOF

FACTS WHICH NEED NOT BE PROVED

  • 58 Fact judicially noticeable need not be proved
  • 59 Facts of which court must take judicial notice
  • 60 Facts admitted need not be proved

ORAL EVIDENCE

  • 61 Proof of facts by oral evidence
  • 62 Oral evidence must be direct
  • 62A Evidence through live video or live television links

DOCUMENTARY EVIDENCE

  • 63 Proof of contents of documents
  • 64 Primary evidence
  • 65 Secondary evidence
  • 66 Proof of documents by primary evidence
  • 67 Cases in which secondary evidence relating to documents may be given
  • 68 Rules as to notice to produce
  • 68A Manner of giving voluminous or complex evidence
  • 69 Proof of signature and handwriting of person alleged to have signed or written document produced
  • 70 Proof of execution of document required by law to be attested
  • 71 Proof where no attesting witness found
  • 72 Admission of execution by party to attested document
  • 73 Proof when attesting witness denies the execution
  • 74 Proof of document not required by law to be attested
  • 75 Comparison of signature, writing or seal with others admitted or proved

PUBLIC DOCUMENTS

  • 76 Public documents
  • 77 Private documents
  • 78 Certified copies of public documents
  • 79 Proof of documents by production of certified copies
  • 80 Proof of other official documents
  • 80A Prints from films in the possession of the Government and statutory body

PRESUMPTIONS AS TO DOCUMENTS

  • Section 81: Presumption as to genuineness of certified copies
  • Section 82: Presumption as to documents produced as record of evidence
  • Section 83: Presumption as to Gazettes, newspapers and other documents
  • Section 84: Presumption as to document admissible in England without proof of seal or signature
  • Section 85: Presumption as to maps or plans made by authority of Government
  • Section 86: Presumption as to collections of laws and reports of decisions
  • Section 87: Presumption as to powers of attorney
  • Section 88: Presumption as to certified copies of foreign judicial records
  • Section 89: Presumption as to books, maps and charts
  • Section 90: Presumption as to telegraphic messages
  • Section 91: Presumption as to due execution, etc., of documents not produced
  • Section 92: Presumption as to documents 30 years old

EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

  • 93 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  • 94 Exclusion of evidence of oral agreement
  • 95 Exclusion of evidence to explain or amend ambiguous document
  • 96 Exclusion of evidence against application of document to existing facts
  • 97 Evidence as to document meaningless in reference to existing facts
  • 98 Evidence as to application of language which can apply to one only of several persons
  • 99 Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies
  • 100 Evidence as to meaning of illegible characters, etc
  • 101 Who may give evidence of agreement varying terms of document
  • 102 Construction of wills not affected by sections 93 to 101

PART III

PRODUCTION AND EFFECT OF EVIDENCE

*BURDEN OF PROOF

  • 103 Burden of proof
  • 104 On whom burden of proof lies
  • 105 Burden of proof as to particular fact
  • 106 Burden of proving fact to be proved to make evidence admissible
  • 107 Burden of proving that case of accused comes within exceptions
  • 108 Burden of proving fact especially within knowledge
  • 109 Burden of proving death of person known to have been alive within 30 years
  • 110 Burden of proving that person is alive who has not been heard of for 7 years
  • 111 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • 112 Burden of proof as to ownership
  • 113 Proof of good faith in transactions where one party is in relation of active confidence
  • 114 Birth during marriage conclusive proof of legitimacy
  • 115
  • Section 116: Court may presume existence of certain fact

ESTOPPEL

  • 117 Estoppel
  • 118 Estoppel of tenant and of licensee of person in possession
  • 119 Estoppel of bailee or licensee

WITNESSES

  • 120 Who may testify
  • 121 Dumb witnesses
  • 122 Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial
  • 123 Judges and Magistrates
  • 124 Communications during marriage
  • 125 Evidence as to affairs of State
  • 126 Official communications
  • 127 Information as to commission of offences
  • 128 Professional communications
  • 129 Section 128 to apply to interpreters, etc.
  • 130 Privilege not waived by volunteering evidence
  • 131 Confidential communications with legal advisers
  • 132 Production of title deeds of witness not a party
  • 133 Production of documents which another person having possession could refuse to produce
  • 134 Witness not excused from answering on ground that answer will criminate
  • 135 Accomplice
  • 136 Number of witnesses

EXAMINATION OF WITNESSES

  • 137 Order of production and examination of witnesses
  • Section 138: Court to decide as to admissibility of evidence
  • Section 139: Examination-in-chief, cross-examination and re-examination
  • Section 140: Order of examinations and direction of re-examination
  • Section 141: Cross-examination of person called to produce a document
  • Section 142: Witnesses to character
  • 143 Leading questions
  • 144 When they must not be asked
  • 145 When they may be asked
  • 146 Evidence as to matters in writing
  • 147 Cross-examination as to previous statements in writing
  • 148 Questions lawful in cross-examination
  • 149 When witness to be compelled to answer
  • 150 Court to decide when question shall be asked and when witness compelled to answer
  • 151 Question not to be asked without reasonable grounds
  • 152 Procedure of court in case of question being asked without reasonable grounds
  • 153 Indecent and scandalous questions
  • 154 Questions intended to insult or annoy
  • 155 Exclusion of evidence to contradict answers to questions testing veracity
  • 156 Questions by party to his own witness
  • 157 Impeaching credit of witness
  • 158 Questions tending to corroborate evidence of relevant fact admissible
  • 159 Former statements of witness may be proved to corroborate later testimony as to same fact
  • 160 What matters may be proved in connection with proved statement relevant under section 32 or 33
  • 161 Refreshing memory
  • 162 Testimony to facts stated in document mentioned in section 161
  • 163 Right of adverse party as to writing used to refresh memory
  • 164 Production and translation of documents
  • 165 Giving as evidence document called for and produced on notice
  • 166 Using as evidence document production of which was refused on notice
  • 167 Judge’s power to put questions or order production
  • 168 Power of assessors to put questions

IMPROPER ADMISSION AND REJECTION OF EVIDENCE

  • 169 No new trial for improper admission or rejection of evidence

PART IV

BANKERS’ BOOKS

  • 170 Interpretation
  • 171 Mode of proof of entries in bankers’ books
  • 172 Proof that book is a banker’s book
  • 173 Verification of copy
  • 174 Production by, or appearance of, officer of bank
  • 175 Court or Judge may order inspection
  • 176 Costs

THE SCHEDULE

Related Topics

Related Acts