Evidence Act 1893

Sections (181)

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• § 1 — Short title

  1. This Act is the Evidence Act 1893.

• § 10 — Things said or done by conspirator in reference to common design

  10. Where there is reasonable ground to believe that 2 or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons, in reference to their common intention after the time when such intention was first entertained by an

• § 100 — Evidence as to meaning of illegible characters, etc.

  100. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.Illustration A, a sculptor, agrees to sell to B “all my mods”. A has both mo

• § 101 — Who may give evidence of agreement varying terms of document

  101. Persons who are not parties to a document or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document.Illustration A and B make a contract in writing that B is to sell A certain tin to be paid for on delivery.

• § 102 — Construction of wills not affected by sections 93 to 101

  102. Nothing in sections 93 to 101 affects the construction of wills.

• § 103 — Burden of proof

  103.—(1) Whoever desires any court to give judgment as to any legal right or liability, dependent on the existence of facts which the person asserts, must prove that those facts exist.(2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that pers

• § 104 — On whom burden of proof lies

  104. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father. If no evidence were given on eit

• § 105 — Burden of proof as to particular fact

  105. The burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact is to lie on any particular person.Illustrations (a) A prosecutes B for theft and wishes the court to believe that B

• § 106 — Burden of proving fact to be proved to make evidence admissible

  106. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.Illustrations (a) A wishes to prove a dying declaration by B. A must prove B’s death. (b) A wishes to prove by secondary evi

• § 107 — Burden of proving that case of accused comes within exceptions

  107. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the Penal Code 1871, or within any special exception or proviso contained in any other part of the Penal Code 1871, or in any law defining the

• § 108 — Burden of proving fact especially within knowledge

  108. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon that person.Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is

• § 109 — Burden of proving death of person known to have been alive within 30 years

  109. When the question is whether a person is alive or dead, and it is shown that the person was alive within 30 years, the burden of proving that the person is dead is on the person who affirms it.

• § 11 — When facts not otherwise relevant become relevant

  11. Facts not otherwise relevant are relevant —(a) if they are inconsistent with any fact in issue or relevant fact; (b) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.Illustrations (a)

• § 110 — Burden of proving that person is alive who has not been heard of for 7 years

  110. When the question is whether a person is alive or dead, and it is proved that the person has not been heard of for 7 years by those who would naturally have heard of the person if the person had been alive, the burden of proving that the person is alive is shifted to the person who affirms it.

• § 111 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

  111. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand to each other in those relationships respectively, is on the person who

• § 112 — Burden of proof as to ownership

  112. When the question is whether any person is owner of anything of which the person is shown to be in possession, the burden of proving that the person is not the owner is on the person who affirms that the firstmentioned person is not the owner.

• § 113 — Proof of good faith in transactions where one party is in relation of active confidence

  113. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.Illustrations (a) The good fait

• § 114 — Rebuttable presumption of paternity

  114.—(1) Where any person was born —(a) during the continuance of a valid marriage between his or her mother and any man; or (b) within 280 days after the dissolution of the marriage, the mother remaining unmarried, it is presumed that the person is the legitimate child of that man, unless the con

• § 116 — Court may presume existence of certain fact

  116. The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct, and public and private business, in their relation to the facts of the particular case.Illustrations The court may presume — (a) tha

• § 116A — Presumptions in relation to electronic records

  116A.—(1) Unless evidence sufficient to raise doubt about the presumption is adduced, where a device or process is one that, or is of a kind that, if properly used, ordinarily produces or accurately communicates an electronic record, the court is to presume that in producing or communicating that el

• § 117 — Estoppel

  117. When one person (A) has by A’s declaration, act or omission intentionally caused or permitted another person (B) to believe a thing to be true and to act upon such belief, otherwise than but for that belief B would have acted, neither A or A’s representative in interest is to be allowed in any

• § 118 — Estoppel of tenant and of licensee of person in possession

  118.—(1) No tenant of immovable property, or person claiming through such tenant, is during the continuance of the tenancy permitted to deny that the landlord of the tenant had at the beginning of the tenancy a title to the immovable property.(2) No person who came upon any immovable property by the

• § 119 — Estoppel of bailee or licensee

  119.—(1) No bailee, agent or licensee is permitted to deny that the bailor, principal or licensor, by whom any goods were entrusted to any of them respectively, was entitled to those goods at the time when they were so entrusted.(2) Any such bailee, agent or licensee (A) may show that A was compelle

• § 12 — In suits for damages facts tending to enable court to determine amount are relevant

  12. In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.

• § 120 — Who may testify

  120. All persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explan

• § 121 — Dumb witnesses

  121.—(1) A witness who is unable to speak may give his or her evidence in any other manner in which he or she can make it intelligible, as, for example, by writing or by signs; but such writing must be written and the signs made in open court.(2) Evidence so given is deemed to be oral evidence. —(1

• § 122 — Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial

  122.—(1) In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, are competent witnesses.(2) In criminal proceedings against any person, the husband or wife of such person respectively is a competent witness. (3) In any criminal proceedings, the accused

• § 123 — Judges and Magistrates

  123. No Judge and, except upon the special order of the General Division of the High Court, no Magistrate may be compelled to answer any question as to his or her own conduct in court as such Judge or Magistrate or as to anything which came to his or her knowledge in court as such Judge or Magistrat

• § 124 — Communications during marriage

  124.—(1) No person who is or has been married may be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married; nor may he or she be permitted to disclose any such communication unless the person who made it or his or her repres

• § 125 — Evidence as to affairs of State

  125. No one is permitted to produce any unpublished official records relating to affairs of State, or to give any evidence derived therefrom, except with the permission of the officer at the head of the Department concerned, who may give or withhold such permission as he or she thinks fit, subject,

• § 126 — Official communications

  126.—(1) No public officer may be compelled to disclose communications made to him or her in official confidence when he or she considers that the public interest would suffer by the disclosure.[17/2003] (2) No person who is a member, an officer or an employee of, or who is seconded to, any organisa

• § 127 — Information as to commission of offences

  127.—(1) No Magistrate or police officer may be compelled to say from where he or she got any information as to the commission of any offence.(2) No revenue officer may be compelled to say from where he or she got any information as to the commission of any offence against the public revenue or the

• § 128 — Professional communications

  128.—(1) No advocate or solicitor is at any time permitted, unless with his or her client’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such advocate or solicitor by or on behalf of his or her client, or to state the

• § 128A — Communications with legal counsel in entity

  128A.—(1) A legal counsel in an entity is not at any time permitted, except with the entity’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such legal counsel, or to state the contents or condition of any document with

• § 129 — Sections 128 and 128A to apply to interpreters, etc.

  129. Sections 128 and 128A apply to interpreters and other persons who work under the supervision of legal professional advisers.[4/2012]

• § 13 — Facts relevant when right or custom is in question

  13. Where the question is as to the existence of any right or custom, the following facts are relevant:(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied or which was inconsistent with its existence; and (b) particular instanc

• § 130 — Privilege not waived by volunteering evidence

  130.—(1) If any party to a suit gives evidence therein at his or her own instance or otherwise, that party is not deemed to have consented thereby to such disclosure as is mentioned in section 128 or 128A.[4/2012] (2) If any party to a suit or proceeding calls any advocate or solicitor as a witness,

• § 131 — Confidential communications with legal advisers

  131.—(1) No one may be compelled to disclose to the court any confidential communication which has taken place between him or her and his or her legal professional adviser unless he or she offers himself or herself as a witness, in which case he or she may be compelled to disclose any such communica

• § 132 — Production of title deeds of witness not a party

  132.—(1) No witness who is not a party to the suit may be compelled to produce his or her title deeds to any property, or any document by virtue of which he or she holds any property as pledgee or mortgagee, or any document the production of which might tend to criminate him or her, unless he or she

• § 133 — Production of documents which another person having possession could refuse to produce

  133. No one may be compelled to produce documents in his or her possession which any other person would be entitled to refuse to produce if they were in his or her possession, except for the purpose of identification, unless such last mentioned person consents to their production, nor may anyone who

• § 134 — Witness not excused from answering on ground that answer will criminate

  134.—(1) A witness is not excused from answering any question as to any matter relevant to the matter in issue in any suit, or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend, directly or indirectly, to criminate, such witness, or tha

• § 135 — Accomplice

  135.—(1) An accomplice is a competent witness against an accused person.(2) Any rule of law or practice whereby at a trial it is obligatory for the court to warn itself about convicting the accused on the uncorroborated testimony of an accomplice is abrogated. —(1) An accomplice is a competent witn

• § 136 — Number of witnesses

  136. No particular number of witnesses is in any case required for the proof of any fact.

• § 137 — Order of production and examination of witnesses

  137. The order in which witnesses are produced and examined is to be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law by the discretion of the court.

• § 138 — Court to decide as to admissibility of evidence

  138.—(1) When either party proposes to give evidence of any fact, the court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the court shall admit the evidence if it thinks that the fact, if proved, would be relevant, and not otherwi

• § 139 — Examination-in-chief, cross-examination and re-examination

  139.—(1) The examination of a witness by the party who calls him or her is called his or her examination‑in‑chief.(2) The examination of a witness by the adverse party is called his or her cross‑examination. (3) Where a witness has been cross-examined and is then examined by the party who called hi

• § 14 — Facts showing existence of state of mind or of body or bodily feeling

  14. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant when the existence of any such state of mind or body

• § 140 — Order of examinations and direction of re-examination

  140.—(1) Witnesses are to be first examined‑in‑chief, then, if the adverse party so desires, cross‑examined, then, if the party calling them so desires, re‑examined.(2) The examination and cross-examination must relate to relevant facts, but the cross‑examination need not be confined to the facts to

• § 141 — Cross-examination of person called to produce document

  141. A person summoned to produce a document does not become a witness by the mere fact that he or she produces it, and cannot be cross‑examined unless he or she is called as a witness.

• § 142 — Witnesses to character

  142. Witnesses to character may be cross-examined and re‑examined.

• § 143 — Leading questions

  143. Any question suggesting the answer which the person putting it wishes or expects to receive or suggesting disputed facts as to which the witness is to testify, is called a leading question.

• § 144 — When they must not be asked

  144.—(1) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in a re‑examination, except with the permission of the court.(2) The court shall permit leading questions as to matters which are introductory or undisputed, or which have in its opinion

• § 145 — When they may be asked

  145.—(1) Leading questions may be asked in cross‑examination, subject to the following qualifications:(a) the question must not put into the mouth of the witness the very words which he or she is to echo back again; and (b) the question must not assume that facts have been proved which have not bee

• § 146 — Evidence as to matters in writing

  146. Any witness may be asked while under examination whether any contract, grant or other disposition of property as to which the witness is giving evidence was not contained in a document, and if the witness says that it was, or if the witness is about to make any statement as to the contents of a

• § 147 — Cross-examination as to previous statements in writing

  147.—(1) A witness may be cross-examined as to previous statements made by him or her in writing or reduced into writing, and relevant to matters in question in the suit or proceeding in which he or she is cross‑examined, without such writing being shown to him or her or being proved; but if it is i

• § 148 — Questions lawful in cross-examination

  148. Subject to section 154A, when a witness may be cross‑examined, the witness may, in addition to the questions hereinbefore referred to, be asked any questions which tend —(a) to test his or her accuracy, veracity or credibility; (b) to discover who he or she is and what is his or her position i

• § 149 — When witness to be compelled to answer

  149. If any such question relates to a matter relevant to the suit or proceeding, section 134 applies thereto.

• § 15 — Facts bearing on question whether act was accidental or intentional

  15. When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.Illustrations (a) A is accused of b

• § 150 — Court to decide when question is to be asked and when witness compelled to answer

  150.—(1) If any question relates to a matter not relevant to the suit or proceeding, except insofar as it affects the credit of the witness by injuring his or her character, the court is to decide whether or not the witness is to be compelled to answer it, and may, if it does not think fit to compel

• § 151 — Question not to be asked without reasonable grounds

  151. No such question as is referred to in section 150 ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded.Illustrations (a) An advocate is instructed by a solicitor that an important witness is a professional gamble

• § 152 — Procedure of court in case of question being asked without reasonable grounds

  152. If the court is of the opinion that any such question was asked without reasonable grounds, the court may, if it was asked by any advocate or solicitor, report the circumstances of the case to the Supreme Court in order that the Judges may, if they think fit, exercise the power to suspend or st

• § 153 — Indecent and scandalous questions

  153. The court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the court, unless they relate to facts in issue or to matters necessary to be known in order to determine whether or not

• § 154 — Questions intended to insult or annoy

  154. The court is to forbid any question which appears to it to be intended to insult or annoy, or which though proper in itself, appears to the court needlessly offensive in form.

• § 154A — Restrictions on questions and evidence in criminal proceedings involving sexual offence or child abuse offence

  154A.—(1) In criminal proceedings where the accused is charged with committing a sexual offence or child abuse offence, the following are subject to such restrictions as may be provided for in rules made under subsection (2):(a) the questions that may be asked of the alleged victim of the offence in

• § 155 — Exclusion of evidence to contradict answers to questions testing veracity

  155. When a witness has been asked and has answered any question which is relevant to the inquiry only insofar as it tends to shake the witness’s credit by injuring his or her character, no evidence may be given to contradict him or her; but if the witness answers falsely he or she may afterwards be

• § 156 — Questions by party to his or her own witness

  156. The court may, in its discretion, permit the person who calls a witness to put any questions to him or her which might be put in cross‑examination by the adverse party.

• § 157 — Impeaching credit of witness

  157. The credit of a witness may be impeached in the following ways by the adverse party or, with the consent of the court, by the party who calls him or her:(a) by the evidence of persons who testify that they from their knowledge of the witness believe him or her to be unworthy of credit; (b) by

• § 158 — Questions tending to corroborate evidence of relevant fact admissible

  158.—(1) When a witness whom it is intended to corroborate gives evidence of any relevant fact, the witness may be questioned as to any other circumstances which he or she observed at or near to the time or place at which such relevant fact occurred, if the court is of the opinion that such circumst

• § 159 — Former statements of witness may be proved to corroborate later testimony as to same fact

  159. In order to corroborate the testimony of a witness, any former statement made by such witness, whether written or verbal, on oath, or in ordinary conversation, relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the f

• § 16 — Existence of course of business when relevant

  16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.Illustrations (a) The question is whether a particular letter was despatched. The facts that it was the ordinary course

• § 160 — What matters may be proved in connection with proved statement relevant under section 32 or 33

  160. Whenever any statement relevant under section 32 or 33 is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witnes

• § 160A — Evidence not capable of corroboration

  160A. For the purpose of any rule of law or practice that requires evidence to be corroborated or that regulates the manner in which uncorroborated evidence is to be treated —(a) a statement that is admissible in evidence by virtue of section 32(1) is not capable of corroborating evidence given by t

• § 161 — Refreshing memory

  161.—(1) A witness may while under examination refresh his or her memory by referring to any writing made by himself or herself at the time of the transaction concerning which he or she is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fres

• § 162 — Testimony to facts stated in document mentioned in section 161

  162. A witness may also testify to facts mentioned in any such document as is mentioned in section 161 although the witness has no specific recollection of the facts themselves, if the witness is sure that the facts were correctly recorded in the document.Illustration A book-keeper may testify to f

• § 163 — Right of adverse party as to writing used to refresh memory

  163. Any writing referred to under section 161 or 162 must be produced and shown to the adverse party if he or she requires it; such party may cross‑examine the witness thereupon.

• § 164 — Production and translation of documents

  164.—(1) A witness summoned to produce a document must, if it is in the witness’s possession or power, bring it to court despite any objection which there may be to its production or to its admissibility.(2) The validity of any such objection is to be decided on by the court. (3) The court, if it s

• § 165 — Giving as evidence document called for and produced on notice

  165. When a party (A) calls for a document which A has given the other party notice to produce, and such document is produced and inspected by A, A is bound to give it as evidence if the party producing it requires A to do so and if it is relevant.

• § 166 — Using as evidence document production of which was refused on notice

  166. When a party refuses to produce a document which that party has had notice to produce, that party cannot afterwards use the document as evidence without the consent of the other party or the order of the court.Illustration A sues B on an agreement, and gives B notice to produce it. At the tria

• § 167 — Judge’s power to put questions or order production

  167.—(1) The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he or she pleases, in any form at any time, of any witness or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parti

• § 168 — Power of assessors to put questions

  168. In cases tried with assessors, the assessors may put any questions to the witnesses through or by permission of the Judge, which the Judge himself or herself might put and which he or she considers proper.[Act 25 of 2021 wef 01/04/2022]

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

  169. The improper admission or rejection of evidence is not ground of itself for a new trial or reversal of any decision in any case if it appears to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify

• § 17 — Admission and confession defined

  17.—(1) An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.(2) A confession is an admission made at any time by a person accused of an offen

• § 170 — Interpretation of this Part

  170. In this Part —“bank” and “banker” mean any company carrying on the business of bankers in Singapore under a licence granted under any law relating to banking; “bankers’ books” includes ledgers, day books, cash books, account books and all other books used in the ordinary business of the bank;

• § 171 — Mode of proof of entries in bankers’ books

  171. Subject to this Part, a copy of any entry in a banker’s book is in all legal proceedings to be received as prima facie evidence of such entry and of the matters, transactions and accounts therein recorded.

• § 172 — Proof that book is a banker’s book

  172.—(1) A copy of an entry in a banker’s book is not to be received in evidence under this Part unless it is first proved that —(a) the book was, at the time of the making of the entry, one of the ordinary books of the bank; (b) the entry was made in the usual and ordinary course of business; and

• § 173 — Verification of copy

  173.—(1) A copy of an entry in a banker’s book is not to be received in evidence under this Part unless it is further proved that the copy has been examined with the original entry and is correct.(2) Such proof is to be given by some person who has examined the copy with the original entry, and may

• § 174 — Production by, or appearance of, officer of bank

  174. An officer of a bank is not, in any legal proceedings to which the bank is not a party, compellable to produce any banker’s book the contents of which can be proved under this Part, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of a

• § 175 — Court or Judge may order inspection

  175.—(1) On the application of any party to a legal proceeding, the court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceedings.(2) An order under this section may be made either on or without summo

• § 176 — Costs

  176.—(1) The costs of any application to the court or a Judge under this Part, and the costs of anything done or to be done under an order of the court or a Judge made under this Part, shall be in the discretion of the court or Judge, who may order the same or any part thereof to be paid to any part

• § 177 — Amendment of Schedules

  177. The Minister may, by order in the Gazette, amend the First and Second Schedules.[20/2018]

• § 18 — Admission by party to proceeding or his or her agent, by suitor in representative character, etc.

  18.—(1) Statements made by a party to the proceeding or by an agent to any such party whom the court regards under the circumstances of the case as expressly or impliedly authorised by him or her to make them are admissions.(2) Statements made by parties to suits, suing or sued in a representative c

• § 19 — Admissions by persons whose position must be proved as against party to suit

  19. Statements made by persons whose position or liability it is necessary to prove as against any party to the suit are admissions if the statements would be relevant as against the persons in relation to the position or liability in a suit brought by or against them, and if they are made while the

• § 2 — Application of Parts 1, 2 and 3

  2.—(1) Parts 1, 2 and 3 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 provisio

• § 20 — Admissions by persons expressly referred to by party to suit

  20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.Illustration The question is whether a horse sold by A to B is sound. A says to B: “Go and ask C, C knows all about it”. C’s statement is an admissio

• § 21 — Proof of admissions against persons making them and by or on their behalf

  21. Admissions are relevant and may be proved as against the person who makes them or his or her representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his or her representative in interest except in the following cases:(a) an admission may be proved

• § 22 — When oral admissions as to contents of documents are relevant

  22. Oral admissions as to the contents of a document are not relevant unless the party proposing to prove them shows that he or she is entitled to give secondary evidence of the contents of the document under the rules contained in this Act, or unless the genuineness of a document produced is in que

• § 23 — Admissions in civil cases when relevant

  23.—(1) In civil cases, no admission is relevant if it is made —(a) upon an express condition that evidence of it is not to be given; or (b) upon circumstances from which the court can infer that the parties agreed together that evidence of it should not be given.[4/2012] (2) Nothing in subsection

• § 3 — Interpretation

  3.—(1) In Parts 1, 2 and 3, unless the context otherwise requires —“child abuse offence” means any offence specified in Part 1 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence; “copy of a docum

• § 31 — Admissions not conclusive proof but may estop

  31. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions in this Act.

• § 32 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

  32.—(1) Subject to subsections (2) and (3), statements of relevant facts made by a person (whether orally, in a document or otherwise), are themselves relevant facts in the following cases:when it relates to cause of death; (a) when the statement is made by a person as to the cause of the person’s

• § 32A — Protest, greeting, etc., treated as stating fact that utterance implies

  32A. For the purposes of section 32(1), a protest, greeting or other verbal utterance may be treated as stating any fact that the utterance implies.[4/2012]

• § 32B — Statement of opinion

  32B.—(1) Subject to this section, section 32 applies to statements of opinion as they apply to statements of fact.[4/2012] (2) A statement of opinion is only admissible under section 32(1) if that statement would be admissible in those proceedings if made through direct oral evidence.[4/2012] (3) W

• § 32C — Admissibility of evidence as to credibility of maker, etc., of statement admitted under certain provisions

  32C.—(1) Where in any proceedings a statement made by a person who is not called as a witness in those proceedings is given in evidence by virtue of section 32(1) —(a) any evidence which, if that person had been so called, would be admissible for the purpose of undermining or supporting that person’

• § 33 — Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated

  33. Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is de

• § 34 — Entries in books of accounts when relevant

  34. Entries in books of accounts regularly kept in the course of business are relevant whenever they refer to a matter into which the court has to inquire, but such statements are not alone sufficient evidence to charge any person with liability.Illustration A sues B for $1,000 and shows entries in

• § 36A — Rules for filing and receiving evidence and documents in court by using information technology

  36A.—(1) The Rules Committee constituted under the Supreme Court of Judicature Act 1969, and the Family Justice Rules Committee constituted under the Family Justice Act 2014, may make rules to provide for the filing, receiving and recording of evidence and documents in court by the use of informatio

• § 37 — Relevancy of entry in public record made in performance of duty

  37. An entry in any public or other official book, register or record, stating a fact in issue or relevant fact and made by a public officer in the discharge of his or her official duty or by any other person in performance of a duty specially enjoined by the law of the country in which such book, r

• § 38 — Relevancy of statements in maps, charts and plans

  38. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of Government as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.

• § 39 — Relevancy of statement as to fact of public nature contained in certain Ordinances, Acts or notifications

  39. When the court has to form an opinion as to the existence of any fact of a public nature, any statement of it made in a recital contained in —(a) any Act or Ordinance; (b) any legislation enacted by the Parliament of Malaysia or by the legislature of any part of the Commonwealth; (c) any legis

• § 4 — Presumptions

  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 is to presume a fact, the court is to regard such fact as proved

• § 40 — Relevancy of statements as to any law contained in law books

  40. When the court has to form an opinion as to a law of any country, any statement of the law contained in a book purporting to be printed or published under the authority of the government of the country, and to contain any such law, and any report of a ruling of the courts of the country containe

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

  41. When any statement of which evidence is given forms part of a longer statement or of a conversation, or part of an isolated document or is contained in a document which forms part of a book or of a connected series of letters or papers, evidence is to be given of so much and no more of the state

• § 42 — Previous judgments relevant to bar a second suit or trial

  42. The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether the court ought to take cognizance of the suit or to hold the trial.

• § 43 — Relevancy of certain judgments in probate, etc., jurisdiction

  43.—(1) A final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or bankruptcy jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to

• § 44 — Relevancy and effect of judgments, orders or decrees other than those mentioned in section 43

  44. Judgments, orders or decrees other than those mentioned in section 43 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.Illustration A sues B for trespass on A’s land. B alle

• § 45 — Judgments, etc., other than those mentioned in sections 42, 43 and 44 when relevant

  45. Judgments, orders or decrees other than those mentioned in sections 42, 43 and 44 are irrelevant unless the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act.Illustrations (a) A and B separately sue C for a libel which reflects

• § 45A — Relevance of convictions and acquittals

  45A.—(1) Without affecting sections 42, 43, 44 and 45, the fact that a person has been convicted or acquitted of an offence by or before any court in Singapore is admissible in evidence for the purpose of proving, where relevant to any issue in the proceedings, that the person committed (or, as the

• § 46 — Fraud or collusion in obtaining judgment or incompetency of court may be proved

  46. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 42, 43 or 44, and which has been proved by the adverse party, was delivered by a court not competent to deliver it or was obtained by fraud or collusion.

• § 47 — Opinions of experts

  47.—(1) Subject to subsection (4), when the court is likely to derive assistance from an opinion upon a point of scientific, technical or other specialised knowledge, the opinions of experts upon that point are relevant facts.[4/2012] (2) An expert is a person with such scientific, technical or othe

• § 48 — Facts bearing upon opinions of experts

  48. Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant.Illustrations (a) The question is whether A was poisoned by a certain poison. The fact that other persons who were poisoned by that poison exhibited certai

• § 49 — Opinion as to handwriting when relevant

  49. When the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, that it was or was not written or signed by that person, is a relevant fact.

• § 5 — Evidence may be given of facts in issue and relevant facts

  5. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section does not enable any person to give evidence of a fact which the person is disent

• § 50 — Opinion as to existence of right or custom when relevant

  50. When the court has to form an opinion as to the existence of any general custom or right, the opinions as to the existence of such custom or right of persons who would be likely to know of its existence, if it existed, are relevant. Explanation.—“General custom or right” includes customs or righ

• § 51 — Opinion as to usages, tenets, etc., when relevant

  51. When the court has to form an opinion as to —(a) the usages and tenets of any body of men or family; (b) the constitution and government of any religious or charitable foundation; or (c) the meaning of words or terms used in particular districts or by particular classes of people, the opinion

• § 52 — Opinion on relationship when relevant

  52.—(1) When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact.(2) Such

• § 53 — Grounds of opinion when relevant

  53. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.Illustration An expert may give an account of experiments performed by him or her for the purpose of forming his or her opinion.

• § 54 — In civil cases character to prove conduct imputed irrelevant

  54. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him or her is irrelevant, except insofar as such character appears from facts otherwise relevant.

• § 55 — In criminal cases previous good character relevant

  55. In criminal proceedings, the fact that the person accused is of a good character is relevant.

• § 56 — Admissibility of evidence and questions about accused’s disposition or reputation

  56.—(1) In any criminal proceedings, the accused may —(a) personally or by his or her advocate ask questions of any witness with a view to establishing directly or by implication that he or she is generally or in a particular respect a person of good disposition or reputation; (b) himself or hersel

• § 57 — Character as affecting damages

  57. In civil cases, the fact that the character of any person is such as to affect the amount of damages which the person ought to receive is relevant. Explanation.—In sections 54, 55, 56 and 57, the word “character” includes both reputation and disposition; but, except as provided in section 56, ev

• § 58 — Fact judicially noticeable need not be proved

  58. No fact of which the court will take judicial notice need be proved.

• § 59 — Facts of which court must take judicial notice

  59.—(1) The court is to take judicial notice of the following facts:(a) all laws or rules having the force of law now or heretofore in force or hereafter to be in force in Singapore, including all Acts passed or hereafter to be passed by Parliament; (b) all Acts passed or hereafter to be passed by

• § 6 — Relevancy of facts forming part of same transaction

  6. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.Illustrations (a) A is accused of the murder of B by beating B. Whatever was said or don

• § 60 — Facts admitted need not be proved

  60.—(1) No fact need be proved in any proceeding which the parties to the proceeding or their agents agree to admit at the hearing or which before the hearing they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted

• § 61 — Proof of facts by oral evidence

  61. All facts, except the contents of documents, may be proved by oral evidence.

• § 62 — Oral evidence must be direct

  62.—(1) Oral evidence must in all cases be direct —(a) if it refers to a fact which could be seen, it must be the evidence of a witness who says he or she saw that fact; (b) if it refers to a fact which could be heard, it must be the evidence of a witness who says he or she heard that fact; (c) if

• § 62A — Evidence through live video or live television links, etc.

  62A.—(1) Despite any other provision of this Act, a person may, with permission of the court, give evidence through a live video or live television link in any proceedings, other than proceedings in a criminal matter or proceedings for contempt of court, if —(a) the witness is below 18 years of age;

• § 63 — Proof of contents of documents

  63. The contents of documents may be proved by primary or by secondary evidence.

• § 64 — Primary evidence

  64. Primary evidence means the document itself produced for the inspection of the court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the pa

• § 65 — Secondary evidence

  65. Secondary evidence means and includes —(a) certified copies given under the provisions hereinafter contained; (b) except for copies referred to in Explanation 3 to section 64, copies made from the original by electronic, electrochemical, chemical, magnetic, mechanical, optical, telematic or oth

• § 66 — Proof of documents by primary evidence

  66. Documents must be proved by primary evidence except in the cases mentioned in section 67.

• § 67 — Cases in which secondary evidence relating to documents may be given

  67.—(1) Secondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases:(a) when the original is shown or appears to be in the possession or power of —(i) the person against whom the document is sought to be proved; (ii) any person

• § 67A — Proof of documents in certain cases

  67A. Where in any proceedings a statement in a document is admissible in evidence by virtue of section 32(1), it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it, authe

• § 68 — Rules as to notice to produce

  68.—(1) Secondary evidence of the contents of the documents referred to in section 67(1)(a) shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to that party’s solicitor, such notice to produ

• § 68A — Manner of giving voluminous or complex evidence

  68A.—(1) Evidence may be given in the form of charts, summaries or other explanatory material, in electronic or other medium, if it appears to the court that —(a) the materials would be likely to aid the court’s comprehension of other evidence which is relevant and admissible according to the provis

• § 69 — Proof of signature and handwriting of person alleged to have signed or written document produced

  69.—(1) If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in that person’s handwriting.(2) This section does not apply to any

• § 7 — Facts which are the occasion, cause or effect of facts in issue

  7. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened or which afforded an opportunity for their occurrence or transaction, are relevant.Illustrations (a) The question is wheth

• § 70 — Proof of execution of document required by law to be attested

  70. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there is an attesting witness alive and subject to the process of the court and capable of giving evidence.

• § 71 — Proof where no attesting witness found

  71. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom of Great Britain and Northern Ireland, it must be proved that the attestation of one attesting witness at least is in his or her handwriting, and that the signature of the person ex

• § 72 — Admission of execution by party to attested document

  72. The admission of a party to an attested document of its execution by himself or herself is sufficient proof of its execution as against him or her, though it is a document required by law to be attested.

• § 73 — Proof when attesting witness denies the execution

  73. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

• § 74 — Proof of document not required by law to be attested

  74. An attested document not required by law to be attested may be proved as if it was unattested.

• § 75 — Comparison of signature, writing or seal with others admitted or proved

  75.—(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal, admitted or proved to the satisfaction of the court to have been written or made by that person, may be compared by a witness or

• § 76 — Public documents

  76. The following documents are public documents:(a) documents forming the acts or records of the acts of —(i) the sovereign authority; (ii) official bodies and tribunals; and (iii) public officers, legislative, judicial and executive, whether of Singapore or of any part of the Commonwealth or of

• § 77 — Private documents

  77. All other documents are private.

• § 78 — Certified copies of public documents

  78.—(1) Every public officer having the custody of a public document which any person has a right to inspect must give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate, written at the foot of such copy, that it is a true copy of such document or p

• § 79 — Proof of documents by production of certified copies

  79. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

• § 8 — Motive, preparation and previous or subsequent conduct

  8.—(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.(2) The conduct of any party or of any agent to any party to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant t

• § 80 — Proof of other official documents

  80.—(1) The following public documents may be proved as follows:(a) the Acts, orders or notifications of the Government in any of its departments — by the records of the departments certified by the heads of those departments or by a Minister or by any document purporting to be printed or published

• § 80A — Prints from films in possession of the Government and statutory body

  80A.—(1) A print, whether enlarged or not, purporting to be made from a film of any document in the possession of the Government or any specified statutory body may be produced in proof of the contents of the document or such part of the document to which the print purports to be a copy upon proof t

• § 80B — Proof of signature, seal, etc., on foreign public document under Apostille Convention

  80B. To avoid doubt, sections 76 to 80A do not affect the operation of Part 2 of the Apostille Act 2020.[38/2020]

• § 81 — Presumption as to genuineness of certified copies

  81.—(1) The court is to presume to be genuine every document purporting to be a certificate, certified copy or other document which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any public officer in Singapore or any officer in Mal

• § 82 — Presumption as to documents produced as record of evidence

  82. Whenever any document is produced before any court purporting to be a record or memorandum of the evidence or of any part of the evidence given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence, or to be a statement or confession by any prisoner

• § 83 — Presumption as to Gazettes, newspapers and other documents

  83. The court is to presume the genuineness of every document purporting to be the Government Gazette of Singapore or the Government Gazette of Malaysia or of any part of the Commonwealth, or to be the Gazette issued by the local government of any part of Malaysia or of the Commonwealth, or to be a

• § 84 — Presumption as to document admissible in England without proof of seal or signature

  84. When any document is produced before any court purporting to be a document which by the law in force for the time being in England or Northern Ireland would be admissible in proof of any particular in any court of justice in England or Northern Ireland, without proof of the seal or stamp or sign

• § 85 — Presumption as to maps or plans made by authority of Government

  85.—(1) The court is to presume that maps or plans purporting to be made by the authority of the Government were so made and are accurate.(2) Maps or plans made for the purposes of any cause or other proceeding, civil or criminal, must be proved to be accurate. —(1) The court is to presume that map

• § 86 — Presumption as to publication containing law or report of court decision

  86. The court is to presume the genuineness of every publication purporting —(a) to be printed or published under the authority of the government of any country and to contain any law of that country; or (b) to contain any official or authoritative report of a decision of a court of any country.[16

• § 87 — Presumption as to powers of attorney

  87. The court is to presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public or any court, Judge, Magistrate or consular officer of Singapore, was so executed and authenticated.

• § 88 — Presumption as to certified copies of foreign judicial records

  88. The court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of the Commonwealth is genuine and accurate if the document purports to be certified in any manner which is certified by any representative of the President or of Her

• § 89 — Presumption as to books, maps and charts

  89. The court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and

• § 9 — Facts necessary to explain or introduce relevant facts

  9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or

• § 90 — Presumption as to telegraphic messages

  90. The court may presume that a message forwarded from a telegraph office to the person to whom such message purports to be addressed corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the court is not to make any presumption as to th

• § 91 — Presumption as to due execution, etc., of documents not produced

  91. The court is to presume that every document called for and not produced, after notice to produce given under section 68, was attested, stamped and executed in the manner required by law.

• § 92 — Presumption as to documents 30 years old

  92. Where any document purporting or proved to be 30 years old is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person is in t

• § 93 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

  93. When the terms of a contract or of a grant or of any other disposition of property have been reduced by or by consent of the parties to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence may be given in proof of th

• § 94 — Exclusion of evidence of oral agreement

  94. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 93, no evidence of any oral agreement or statement is to be admitted as between the parties to any such instru

• § 95 — Exclusion of evidence to explain or amend ambiguous document

  95. When the language used in a document is on its face ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.Illustrations (a) A agrees in writing to sell a horse to B for $500 or $600. Evidence cannot be given to show which price was to be g

• § 96 — Exclusion of evidence against application of document to existing facts

  96. When language used in a document is plain in itself and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts.Illustration A conveys to B by deed “my estate at Kranji containing 100 hectares”. A has an estate at Kranji conta

• § 97 — Evidence as to document meaningless in reference to existing facts

  97. When language used in a document is plain in itself, but is meaningless in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.Illustration A conveys to B by deed “my plantation in Penang”. A had no plantation in Penang, but it appears that A had a p

• § 98 — Evidence as to application of language which can apply to one only of several persons

  98. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one of several persons or things, evidence may be given of facts which show to which of those persons or things it was intended to apply.Illustrations (a

• § 99 — Evidence as to application of language to one of 2 sets of facts to neither of which the whole correctly applies

  99. When the language used applies partly to one set of existing facts and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the 2 it was meant to apply.Illustration A agrees to sell to B “my land at X in the o