Evidence Act 1893 - Singapore Statutes Online

Interpretation

3.—(1) In Parts 1, 2 and 3, unless the context otherwise requires —

“child abuse offence” means any offence specified in Part 1 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence;

“copy of a document” includes —

(a)	in the case of a document falling within paragraph (d) but not paragraph (e) of the definition of “document”, a transcript of the sounds or other data embodied in it;
(b)	in the case of a document falling within paragraph (e) but not paragraph (d) of that definition, a reproduction or still reproduction of the image or images embodied in it, whether enlarged or not;
(c)	in the case of a document falling within paragraphs (d) and (e) of that definition, such a transcript together with such a still reproduction; and
(d)	in the case of a document not falling within paragraph (e) of that definition of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged or not,

and any reference to a copy of the material part of a document must be construed accordingly;

“country” includes a territory;

“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;

“document” includes, in addition to a document in writing —

(a)	any map, plan, graph or drawing;
(b)	any photograph;
(c)	any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;
(d)	any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;
(e)	any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(f)	any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;

“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or transmitted from one information system to another;

“evidence” includes —

(a)	all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and
(b)	all documents produced for the inspection of the court: such documents are called documentary evidence;

“fact” includes —

(a)

any thing, state of things, or relation of things, capable of being received by the senses; and

(b)

any mental condition of which any person is conscious;

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place is a fact.

(b) That a man heard or saw something is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation is a fact.

“fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non‑existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows;

Illustration

A is accused of the murder of B.

At A’s trial the following facts may be in issue:

(a)	that A caused B’s death;

(b)	that A intended to cause B’s death;

(c)	that A had received grave and sudden provocation from B;

(d)	that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.

“sexual offence” means any offence specified in Part 2 of the First Schedule, and includes attempting to commit, abetting the commission of, or being a party to a criminal conspiracy to commit, such an offence.

[4/2012; 16/2016; 20/2018]

“Relevant”

(2) One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

“Proved”

(3) A fact is said to be “proved” when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it exists.

“Disproved”

(4) A fact is said to be “disproved” when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent person ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

“Not proved”

(5) A fact is said to be “not proved” when it is neither proved nor disproved.

(6) For the purposes of sections 23, 128, 130 and 131, a reference to “advocate or solicitor” in those sections includes a reference to the following:

(a)	any public officer in the Attorney-General’s Chambers when he or she acts as an advocate or a solicitor;
(b)	the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender appointed under section 3 of the Public Defenders Act 2022, when he or she acts as an advocate or a solicitor. [Act 23 of 2022 wef 01/12/2022]

(7) In sections 23, 128A, 130 and 131, a “legal counsel” means —

(a)

a person (by whatever name called) who is an employee of an entity employed to undertake the provision of legal advice or assistance in connection with the application of the law or any form of resolution of legal disputes;

(aa)

any Deputy Attorney‑General; or

(b)

a Judicial Service Officer or Legal Service Officer —

(i)	working in a ministry or department of the Government or an Organ of State as legal adviser to that ministry or department or Organ of State; or
(ii)	seconded as legal adviser to any statutory body established or constituted by or under a public Act for a public function. [4/2012; 41/2014] [Act 33 of 2021 wef 14/01/2022]

Facts necessary to explain or introduce relevant facts

9. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.

Illustrations

(a) The question is whether a given document is the will of A.

The state of A’s property and of A’s family at the date of the alleged will may be relevant facts.

(b) A sues B for libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true.

The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue.

The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.

The fact that soon after the commission of the crime A absconded from A’s house is relevant under section 8 as conduct subsequent to and affected by facts in issue.

The fact that at the time when A left home A had sudden and urgent business at the place to which A went is relevant as tending to explain the fact that A left home suddenly.

The details of the business on which A left are not relevant, except insofar as they are necessary to show that the business was sudden and urgent.

(d) A sues B for inducing C to break a contract of service made by C with A. C on leaving A’s service says to A: “I am leaving you because B has made me a better offer”. This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.

(e) A accused of theft is seen to give the stolen property to B who is seen to give it to A’s wife. B says as B delivers it: “A says you are to hide this”. B’s statement is relevant as explanatory of a fact which is part of the transaction.

(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.

(g) A seeks to adduce evidence against B in the form of an electronic record. The method and manner in which the electronic record was (properly or improperly) generated, communicated, received or stored (by A or B), the reliability of the devices and the circumstances in which the devices were (properly or improperly) used or operated to generate, communicate, receive or store the electronic record, may be relevant facts (if the contents are relevant) as authenticating the electronic record and therefore as explaining or introducing the electronic record, or identifying it as the relevant electronic record to support a finding that the record is, or is not, what its proponent A claims.

[4/2012]

Things said or done by conspirator in reference to common design

10. Where there is reasonable ground to believe that 2 or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons, in reference to their common intention after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.

Illustrations

Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government.

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Malacca for a like object, D persuaded persons to join the conspiracy in Province Wellesley, E published writings advocating the object in view at Singapore, and F transmitted from Singapore to G at Jakarta the money which C had collected at Malacca, and the contents of a letter written by H giving an account of the conspiracy are each relevant, both to prove the existence of the conspiracy and to prove A’s complicity in it, although A may have been ignorant of all of them, and although the persons by whom they were done were strangers to A, and although they may have taken place before A joined the conspiracy or after A left it.

Facts bearing on question whether act was accidental or intentional

15. When there is a question whether an act was accidental or intentional or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

Illustrations

(a) A is accused of burning down A’s house in order to obtain money for which it is insured.

The facts that A lived in several houses successively, each of which A insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant as tending to show that the fire was not accidental.

(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the amounts received by A. A makes an entry showing that on a particular occasion A received less than A really did receive.

The question is whether this false entry was accidental or intentional.

The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant.

The question is whether the delivery of the dollar was accidental.

The facts that soon before or soon after the delivery to B, A delivered counterfeit dollars to C, D and E are relevant as showing that the delivery to B was not accidental.

Existence of course of business when relevant

16. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.

Illustrations

(a) The question is whether a particular letter was despatched.

The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place, are relevant.

(b) The question is whether a particular letter reached A.

The facts that it was posted in due course and was not returned are relevant.

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