Evidence forms the essential substratum of every legal matter. The mastery of the rules of evidence enriches the toolkit of every lawyer. This book makes available clear, detailed and analytical section-by-section commentary on the Malaysian Evidence Act 1950. The principles of law developed through cases of the years, both local and foreign, are carefully distilled and 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.

The provisions of the Evidence Act are fully up-to-date and helpful cross-references guide users through the intricacies of the working of the Malaysian law of evidence. The commentary is presented in a readable style and containes significant court decisions interpreting and applying the Act.

This book meets an urgent need for a current and comprehensive commentary on the Malaysian evidence statute and should be a book not to be missed by lawyers, judges, court officers, legal advisers, lecturers and students.

• Clear and detailed section-by-section commentary on the Evidence Act.
• Important applicable principles discussed, supported by relevant authorities.
• Considers foreign cases, especially those from India, SIngapore and the United Kingdom, which help to interpret and provide clearer understanding of some key provisions of the Act.
• Includes useful historical background and cross-references to other legislation which work together with the Act.
• Appendices on the Banker's Book Evidence Act 1949 and selected sections of the Criminal Procedure Code have been included.

Every judicial proceeding whatever has for its purpose the ascertaining of some right or liability. If the proceeding is criminal, the object is to ascertain the liability to punishment of the person accused; if the proceeding is civil, the object is to ascertain some right of property or of status or the right of one party and the liability of other, to some form of relief. All rights and liabilities are dependant upon and arise out of facts, and facts fall into two classes, those, which can, and those which cannot, be perceived by the sense.

The means by which the court informs itself of the existence of these facts is called evidence, which expression is derived from the Latin word 'evidens' or 'evidere' meaning 'to show clearly', 'to make plainly certain" 'to ascertain', 'to prove'. According to Taylor17 it includes all legal means, exclusive of argument, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation. As explained by Nokes18 evidence may be considered as facts themselves or as the methods used to bring them to the notice of the judge.

The law applied by courts to ascertained facts in order to frame a judgment was regarded by Bentham as substantive law, as distinct from those rules by which facts are ascertained-by questioning persons, inspecting things-and those pertaining to the recording and enforcing of judgments. The latter rules were termed adjective law, which would even take in rules of procedure and pleading. A law of evidence properly constructed would be nothing less than an application of the practical experience acquired in courts of law to the problem of inquiring into the trut h as to controverted questions of fact.

Thanks and regards,

Jessey
Managing Editor
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