EVIDENCE ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Competency of Witnesses

   2   Removal of incapacity to testify from crime or interest

   3   Parties to record may be examined as witnesses

   4   Husbands' and wives' evidence against each other.

      Exceptions.

   5   Evidence of access

   6   Not compellable to disclose communication made during marriage

   7   In action for breach of promise of marriage, how far parties competent to give evidence

   8   [Repealed by Act 12 of 1995.]

 

Accused Persons' Competency to give Evidence

   9   Accused persons and their wives competent witnesses

   10   Where accused himself is his only witness

   11   Right of reply does not accrue to prosecution because accused has given evidence

   12   When wife or husband of accused may be called as witness for prosecution

   13   Sections 9 to 12 apply to all criminal proceedings

   14   Sections 9 to 12 apply to courts-martial if so provided

 

Impeaching Credit, Cross-examination of Witness

   15   Impeaching credit of witness when and how allowed to be done by party producing him

   16   How and when witness' evidence on cross-examination may be contradicted

   17   Cross-examination as to statements reduced to writing

   18   Questions whether witness has been convicted of felony or misdemeanor allowable

 

Proof of Written Instrument and Comparison of Handwriting

   19   Proof of instruments in writing

   20   Comparison of handwriting

 

Application of Sections

   21   Sections 15 to 20 apply to courts of civil and criminal judicature

 

Admissibility of various Documents and Copies

   22   Official or public documents, etc

   23   Judicial notice to be taken of signature of Judges of Superior Courts

   24   Private Laws and Acts and minutes of Legislature

   25   Acts of State, etc

   26   Registers of ships

   27   Certificate of conviction or acquittal

   28   Examined copies of contents of books of public nature

   29   Power of Court to impound documents

 

Penalty for False Certificate

   30   Wilfully certifying false certificate

 

Power to Administer Oaths

   31   Power to administer oath

 

PART IA
Hearsay and Computer-generated Evidence

      Admissability of certain evidence formerly admissable to common law

   31B   Interpretation

   31C   Admissability of written statement in criminal proceedings

   31D   Admissability of first-hand hearsay statements in criminal proceedings

   31E   Admissability of first-hand hearsay statements in civil proceedings

   31F   Admissability of business documents in civil or criminal proceedings

   31G   Admissability of computer evidence constituting hearsay

   31H   Admissability of computer evidence not constituting hearsay

   31I   Witness' previous statement to be evidence of facts stated

   31J   Admissability of evidence as to credibility of maker of statement

   31K   Offence

   31L   Power of Court to exclude evidence

 

PART II
Banker's Books Evidence

   32   Interpretation

   33   Copies of entries in banker's books, prima facie evidence

   34   Proof that book is a banker's book

   35   Verification of copy

   36   Case in which banker, etc not compellable to produce book, etc

   37   Court or Judge may order inspection, etc

   38   Costs

 

PART III
Telegraphic Messages Evidence

   39   Definitions

   40   Notice of intention to give telegraphic messages in evidence

   41   Effect of such notice towards making such messages prima facie evidence

   42   Prima facie evidence of due delivery of a telegraphic message

   43   Power to send documents, orders, etc by electric telegraph. Provisions to be observed in so doing

   44   Validity, effect and admissibility in evidence of copies of such documents, etc so sent

   45   Transmission of such documents, etc to the Postmaster-General, and inspection thereof

   46   Wilful mis-delivery of telegraphic message

   47   Unlawfully sending message in the name of another person

   48   False endorsements, certificates and information

   49   False certificate of receipt of document. Penalty

 

PART IV
Medical Evidence

   50   Medical certificates and reports admissible in evidence

   51   Saving

 

PART V
Island Chemist's Certificate

   52   Certificate prima facie evidence at preliminary investigation.

   53   Coroner's inquest

   54   Interpretation

 

PART VI
Service of Courts Process (Proof)

   55   Service of summons may be proved by affidavit or affirmation

   56   Form of affidavit

   57   Original summons to be marked for identification

   58   Affidavit under sections 55 and 56 shall be received in evidence

   59   Proof of service of process

      SCHEDULE

 

THE EVIDENCE ACT

[Date of Commencement: 1843]

Cap 11

Laws
22 of 1954,
31 of 1968.

Acts
40 of 1968,
42 of 1969,
12 of 1995,
12 of 2009.

1   Short title

   This Act may be cited as the Evidence Act.

PART I
Competency of Witnesses

2   Removal of incapacity to testify from crime or interest

   No person offered as a witness shall be excluded, by reason of incapacity from crime or interest, from giving evidence either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question or any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court, or before any Judge, Jury, Coroner, Magistrate, Officer, or person having by law or by consent of parties authority to hear, receive, and examine evidence; but every person so offered may and shall be admitted to give evidence on oath (or solemn affirmation in those cases wherein affirmation is by law receivable) notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or inquiry, or of the suit, action, or proceeding, in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence:

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