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Evidence Act 1950 [Act 56]

21 Proof of admissions against persons making them and by or on their behalf   cite [+]

Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest except in the following cases:

(a) an admission may be proved by or on behalf of the person making it when it is of a nature that, if the person making it were dead, it would be relevant as between third persons under section 32;

(b) an admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body relevant or in issue, made at or about the time when that state of mind or
body existed and is accompanied by conduct rendering its falsehood improbable;

(c) an admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission.


ILLUSTRATIONS

(a) The question between A and B is whether a certain document is or is not forged. A affirms that it is genuine; B that it is forged.

A may prove a statement by B that the document is genuine, and B may prove a statement by A that the document is forged; but A cannot prove a statement by himself that the document is genuine, nor can B prove a statement by himself that the document is forged.

(b) A, the captain of a ship, is tried for casting her away.

Evidence is given to show that the ship was taken out of her proper course.

A produces a book kept by him in the ordinary course of his business, showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements because they would be admissible between third parties if he were dead under paragraph 32(1)(b).

(c) A is accused of a crime committed by him at Kuala Lumpur. He produces a letter written by himself and dated at Penang on that day, and bearing the Penang postmark of that day.

The statement in the date of the letter is admissible, because if A were dead it would be admissible under paragraph 32(1)(b).

(d) A is accused of receiving stolen goods, knowing them to be stolen.

He offers to prove that he refused to sell them below their value.

A may prove these statements though they are admissions, because they are explanatory of conduct influenced by facts in issue.

(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit.

He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine.

A may prove these facts for the reasons stated in illustration (d).

22 When oral admissions as to contents of documents are relevant   cite [+]

Oral admissions as to the contents of a document are not relevant unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of the document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

23 Admissions in civil cases when relevant   cite [+]

In civil cases no admission is relevant if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.

Explanation-Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under section 126.

24 Confession caused by inducement, threat or promise when irrelevant in criminal proceeding   cite [+]

A confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient in the opinion of the court to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him.

25 Confession to police officer below the rank of Inspector not to be proved   cite [+]

(1) Subject to any express provision contained in any written law, no confession made to a police officer who is below the rank of Inspector by a person accused of any offence shall be proved as against that person.

(2) (Deleted by Act A324).

26 Confession by accused while in custody of police not to be proved against him   cite [+]

(1) Subject to any express provision contained in any written law, no confession made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Sessions Court Judge or Magistrate, shall be proved as against that person.

(2) (Deleted by Act A324).

27 How much of information received from accused may be proved   cite [+]

(1) When any fact is deposed to as discovered in consequence of information received from a person accused of any offence in the custody of a police officer, so much of that information, whether the information amounts to a confession or not, as relates distinctly to the fact thereby discovered may be proved.

(2) (Deleted by Act A324).

28 Confession made after removal of impression caused by inducement, threat or promise relevant   cite [+]

(1) If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it is relevant.

(2) (Deleted by Act A324).

29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.   cite [+]

(1) If such a confession as is referred to in section 24 is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make the confession and that evidence of it might be given against him.

(2) (Deleted by Act A324).

30 Consideration of proved confession affecting person making it and others jointly under trial for same offence   cite [+]

(1) When more persons than one are being tried jointly for the same offence, and a confession made by one of those persons affecting himself and some other of those persons is proved, the court may take into consideration the confession as against the other person as well as against the person who makes the confession.

(2) (Deleted by Act A324).

Explanation- "offence" as used in this section includes the abetment of or attempt to commit the offence.

ILLUSTRATIONS

(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered C." The court may consider the effect of this confession as against B.

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B and that B said: "A and I murdered C."

This statement may not be taken into consideration by the court against A as B is not being jointly tried.



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