Part of a comprehensive analysis of the Evidence Act 1893
All Parts in This Series
Key Provisions in Part 2 PROOF of the Evidence Act 1893 and Their Purpose
Part 2 of the Evidence Act 1893, titled PROOF, sets out the fundamental rules governing how facts and documents are to be proved in Singapore courts. This Part is essential to ensure that evidence is presented in a reliable, consistent, and legally acceptable manner, thereby safeguarding the integrity of judicial proceedings. The key provisions can be grouped into categories relating to facts which need not be proved, oral evidence, documentary evidence, and presumptions as to documents.
Facts Which Need Not Be Proved
"No fact of which the court will take judicial notice need be proved." — Section 58, Evidence Act 1893
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Section 58 recognises that certain facts are so well known or established that the court can accept them without requiring formal proof. This provision exists to streamline proceedings by eliminating unnecessary evidence on matters that are indisputable.
"The court is to take judicial notice of the following facts: ... all laws or rules having the force of law now or heretofore in force or hereafter to be in force in Singapore..." — Section 59(1)(a), Evidence Act 1893
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Section 59(1)(a) specifically mandates judicial notice of laws and rules in force in Singapore. This ensures that courts do not require parties to prove the existence or content of legislation, reflecting the principle that laws are publicly known and authoritative.
Oral Evidence
"All facts, except the contents of documents, may be proved by oral evidence." — Section 61, Evidence Act 1893
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Section 61 clarifies that oral evidence is admissible to prove facts other than the contents of documents. This provision exists to delineate the boundaries of oral testimony, ensuring that documentary contents are proved through appropriate documentary evidence rather than unreliable oral accounts.
Documentary Evidence
"The contents of documents may be proved by primary or by secondary evidence." — Section 63, Evidence Act 1893
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Section 63 introduces the concept of primary and secondary evidence as methods to prove the contents of documents. This distinction is crucial to maintain evidentiary reliability, as primary evidence (the original document) is preferred, but secondary evidence is allowed under specific circumstances to avoid undue hardship.
"Documents must be proved by primary evidence except in the cases mentioned in section 67." — Section 66, Evidence Act 1893
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Section 66 enforces the general rule that the original document must be produced to prove its contents, except where secondary evidence is admissible under Section 67. This rule exists to prevent fraud and inaccuracies that may arise from relying on copies or oral accounts.
"Secondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases: ..." — Section 67(1), Evidence Act 1893
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Section 67(1) enumerates the specific situations where secondary evidence is permissible, such as when the original is lost or cannot be produced. This provision balances the need for evidentiary certainty with practical considerations where original documents are unavailable.
Presumptions Regarding Documents
"When the terms of a contract or of a grant or of any other disposition of property have been reduced ... no evidence may be given in proof of the terms ... except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions of this Act." — Section 93, Evidence Act 1893
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Section 93 embodies the parol evidence rule, preventing parties from contradicting or varying the terms of a written contract by extrinsic evidence. This provision exists to uphold the sanctity and finality of written agreements.
"Nothing in sections 93 to 101 affects the construction of wills." — Section 102, Evidence Act 1893
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Section 102 clarifies that the rules on documentary evidence and presumptions do not alter the special rules applicable to wills, recognising the unique nature of testamentary documents.
Definitions in Part 2 PROOF and Their Significance
Clear definitions are vital to avoid ambiguity in the application of evidentiary rules. Part 2 provides precise meanings for key terms related to evidence.
"Primary evidence means the document itself produced for the inspection of the court." — Section 64, Evidence Act 1893
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This definition establishes that the original document is the most reliable form of proof, reflecting the principle that direct evidence is preferable.
"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 other technical 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 or herself seen it." — Section 65, Evidence Act 1893
Section 65 comprehensively defines secondary evidence, including certified copies, technologically accurate reproductions, counterparts, and oral accounts. This broad definition accommodates modern methods of document reproduction and practical evidentiary needs.
"In this section, 'live video or live television link' means a live video or live television link that is created using an electronic communication technology approved by the Chief Justice." — Section 62A(10), Evidence Act 1893
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This definition under Section 62A(10) reflects the modernisation of evidence procedures, allowing for remote testimony via approved electronic means, thereby enhancing accessibility and efficiency in court proceedings.
"‘film’ includes a photographic plate, microfilm and photostatic negative; ‘specified statutory body’ means a statutory body specified in the Second Schedule." — Section 80A(5), Evidence Act 1893
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Section 80A(5) clarifies terminology related to documentary evidence, ensuring that various forms of photographic and micrographic reproductions are recognised, which is important for the admissibility of such evidence.
Penalties for Non-Compliance in Part 2 PROOF
The provisions in Part 2 PROOF of the Evidence Act 1893 do not specify penalties for non-compliance. The focus of this Part is on the admissibility and proof of evidence rather than enforcement or sanctions. Penalties for misconduct or non-compliance with court procedures are generally governed by other statutes or court rules.
Cross-References to Other Acts and Their Importance
Part 2 PROOF contains several cross-references to other legislation, reflecting the interconnected nature of Singapore’s legal framework and ensuring coherence in evidentiary procedures.
"the parties in any civil proceedings may, with the express agreement of all the parties to the proceedings pursuant to section 11(3)(b) of the Family Justice Act 2014, section 8(3)(b) of the State Courts Act 1970 or section 8A(3)(b) of the Supreme Court of Judicature Act 1969, apply for permission of the court for a witness to give evidence through a live audio link only..." — Section 62A(6A), Evidence Act 1893
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This cross-reference allows for the use of live audio links in witness testimony, subject to agreement and court permission, integrating procedural rules from the Family Justice Act 2014, State Courts Act 1970, and Supreme Court of Judicature Act 1969. It facilitates flexible and modern evidence presentation.
"Evidence given by a witness ... is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code 1871 as having been given in the proceedings in which it is given." — Section 62A(7), Evidence Act 1893
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This provision links evidence procedures with the Penal Code 1871, ensuring that testimony given via electronic means is legally equivalent to in-person testimony for offences such as perjury, thereby maintaining the integrity of evidence.
"To avoid doubt, sections 76 to 80A do not affect the operation of Part 2 of the Apostille Act 2020." — Section 80B, Evidence Act 1893
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Section 80B clarifies that the rules on presumptions as to documents do not override the Apostille Act 2020, which governs the authentication of foreign public documents, preserving international legal cooperation.
"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 such rules as appear to it to be necessary or expedient for the purpose of giving effect to this section..." — Section 62A(9), Evidence Act 1893
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This empowers judicial committees to create procedural rules to implement provisions such as those allowing electronic evidence, ensuring adaptability and procedural clarity.
"Copies of Acts, Ordinances and Statutes passed by the legislature of any country in the Commonwealth ... if purporting to be printed by the Government Printer, are to be received in evidence by all courts in Singapore without any proof being given that the copies were so printed." — Section 80(2), Evidence Act 1893
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Section 80(2) facilitates the admissibility of official legislative documents from Commonwealth countries without further proof, reflecting Singapore’s legal heritage and promoting judicial efficiency.
"‘Government Printer’ means, as respects any country in the Commonwealth, the printer purporting to be the printer authorised to print the Acts, Ordinances or Statutes of the legislature of that country..." — Section 80(3), Evidence Act 1893
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This definition supports Section 80(2) by clarifying the identity of the Government Printer, ensuring the authenticity of legislative documents admitted as evidence.
Conclusion
Part 2 PROOF of the Evidence Act 1893 is a cornerstone of Singapore’s evidentiary law, meticulously regulating how facts and documents are to be proved in court. Its provisions on judicial notice, oral and documentary evidence, and presumptions regarding documents exist to promote fairness, reliability, and efficiency in judicial proceedings. The inclusion of modern definitions and cross-references to other statutes demonstrates the Act’s adaptability to contemporary legal needs, including electronic evidence and international cooperation.
Sections Covered in This Analysis
- Section 58 - Judicial Notice of Facts
- Section 59(1)(a) - Judicial Notice of Laws
- Section 61 - Oral Evidence
- Section 62A(6A), (7), (9), (10) - Electronic Evidence and Live Links
- Section 63 - Proof of Contents of Documents
- Section 64 - Definition of Primary Evidence
- Section 65 - Definition of Secondary Evidence
- Section 66 - Requirement of Primary Evidence
- Section 67(1) - Exceptions for Secondary Evidence
- Section 80(2), (3) - Admissibility of Commonwealth Legislative Documents
- Section 80A(5) - Definitions Related to Documentary Evidence
- Section 80B - Relationship with Apostille Act 2020
- Section 93 - Parol Evidence Rule
- Section 102 - Construction of Wills
Source Documents
For the authoritative text, consult SSO.