ENACTMENT NO. 8 OF 2004
SYARIAH COURT EVIDENCE (PERAK) ENACTMENT 2004

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 3 - EXAMINATION OF WITNESSES



Section 106. Question not to be asked without reasonable grounds

Not such question as is referred to in section 101 shall be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded.

ILLUSTRATIONS


(a) A Peguam Syarie is instructed by another Peguam Syarie or reliable source that an important witness is a professional gambler. This is reasonable ground for asking the witness whether he is a professional gambler.

(b) A Peguam Syarie is informed by a person in Court that an important witness is a professional gambler. The informant, on being questioned by the Peguam Syarie, gives satisfactory reasons for his statement. This is a reasonable ground for asking the witness whether he is a professional gambler.

(c) A witness of whom nothing whatever is known is asked at random whether he is a professional gambler. There are here no reasonable grounds for the question.

(d) A witness of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answer. This may be a reasonable ground for asking him if he is a professional gambler.




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