ENACTMENT NO. 12 OF 1994
SYARIAH COURT EVIDENCE ENACTMENT 1994

PART II - PROOF
CHAPTER 5 - DOCUMENTARY EVIDENCE



Section 49. Primary evidence.

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 counterpartbeing executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

Explanation 2 - Where a number of document are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but where they are all copies of a common original they are not primary evidence of the contents of the original.

Explanation 3 - A document produced by a computer is primary evidence.

ILLUSTRATION

A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.




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