Section 50. Secondary evidence (SYARIAH COURTS EVIDENCE ENACTMENT 2004

ENACTMENT NO. 11 OF 2004
SYARIAH COURTS EVIDENCE ENACTMENT 2004

PART II - PROOF
CHAPTER 3 - DOCUMENTARY EVIDENCE

Section 50. Secondary evidence

Secondary evidence includes –

(a)

certified copies given under the provisions hereinafter contained;

(b) copies

made from the original by mechanical processes, which in themselves ensure the accuracy of the copy, and copies compared with such copies;

(c)

copies made from or compared with the original;

(d)

counterparts of documents as against the parties who did not execute them;

(e)

oral accounts of the contents of a document given by some person who has himself seen or heard it or perceived it by whatever means.

ILLUSTRATIONS

(a) A

photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.

(b)

A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter if it is shown that the copy made by the copying machine was made from the original.

(c)

A copy transcribed from a copy but afterwards compared with the original is secondary evidence, but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.