The mastery of the rules of evidence is indispensable in the armoury of every lawyer. This new second edition of Law of Evidence: A Commentary marks a significant leap from the original 2020 edition with fully updated and expanded commentary on the Evidence Act 1950.

The principles of law developed through cases over the years, both local and foreign, are skillfully distilled and succinctly summarised for the easy guidance of readers. The decisions of the Indian courts which are important for a better understanding of evidence law have been carefully considered and discussed. Instructive cross-references guide users through the intricacies of the working of the Malaysian law of evidence.

For legal professionals and students alike, this updated version is invaluable, bridging the gap between fundamental evidence rules and Malaysia’s rapidly modernising judicial landscape.

Key features:

1. Clear and analytical section-by-section commentary, explaining the operation, interpretation and practical application of each provision of the Evidence Act 1950.
2. Up-to-date text of all provisions of the Evidence Act 1950.
3. Comprehensive case law analysis, incorporating leading Malaysian decisions together with persuasive authorities from India, Singapore and the United Kingdom.
4. Historical context and legislative cross-references, helping readers understand how evidentiary provisions interact with related statutes such as the Criminal Procedure Code.
5. Practical and accessible guide, presenting complex principles of evidence in a structured and readable format.

Key developments covered in this new edition

1. Impact of the Evidence (Amendment) Act 2024, which removed section 133A and amended section 118 to align child witness evidence with the Evidence of Child Witness Act 2007.
2. Consideration of new mandatory inquiry to rebut the competency of child witness and whether conviction can be sustained on uncorroborated unsworn evidence of a child.
3. Review of the procedure for pre-recorded testimony of child witness.
4. Recent Federal Court developments regarding the admissibility of DNA evidence to rebut the “conclusive” presumption of legitimacy under section 112 of the Evidence Act 1950.
5. Discussion of emerging developments in evidence law, including comparative insights from India’s Bharatiya Sakshya Adhiniyam 2023 and reforms to the Singapore Evidence Act, highlighting potential directions for modernising Malaysia’s evidence law.
6. Updated and expanded appendices, including revised commentary on the Bankers’ Books (Evidence) Act 1949 and a new appendix on the Evidence of Child Witness Act 2007.

Affidavits play a major role in dispensing justice and many proceedings, particularly those of an interlocutory nature, are disposed of on affidavit evidence alone. In cases where evidence can be conveniently and completely presented in affidavit form, its use will promote the efficient and more orderly disposal of cases. This important part of litigation practice is given a clear and comprehensive exposition by the book Affidavit Evidence.

This book presents a core subject of civil practice from the local perspective. The detailed discussion is amply supported by copious citations of case law, local as well as foreign, and the applicable statutory provisions. The practical insights provided in the book are indeed valuable and will usefully serve both experienced and newer practitioners. The content of the book has been systematically organised and this greatly enhances its utility. Beginning from the fundamentals of the preparation of affidavits, the book then explores in detail the formal requirements for valid affidavits. The practical aspects of the filing and service of affidavits are discussed before an analysis is undertaken of defective affidavits as well as the available curative provisions and remedial measures. The book proceeds to a hands-on discussion of the assessment of affidavit evidence, including cross-examination on affidavits, affidavits in particular proceedings, and finishes off with a look at the effects of the making of false affidavits.

This new edition of Affidavit Evidence contains a wealth of knowledge painstakingly put together by an experienced practitioner of law. It is fully updated to take account of new developments in the law, including the Rules of Court 2012, the Companies Act 2016 and the Insolvency Act 1967.

• Recent cases showing how the courts have been able, relying on Order 1A and Order 2 r 3, to save or allow the use of defective or non-compliant affidavits thereby ensuring that justice is not frustrated by technical non-compliance.
• Discussion on the limits of Order 1A and Order 2 r 3.
• Recent cases dealing with challenges against affidavits in forfeiture proceedings under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 as amended in 2014.
• Recent authorities showing the usefulness of Order 41 r 13 which allows for affidavits made in English outside the jurisdiction to be filed without being accompanied by a translation in Bahasa Malaysia, unless directed otherwise by the court.
• Further consideration of the switch from "must" to "shall" in Order 41 made by the Rules of Court 2012.
• New discussion on expert evidence.
• General improvements and rewriting for better clarity.

Practice and Principles of Evidence Law in Malaysia is a comprehensive reference for a good appreciation of the fundamental elements of evidence law in Malaysia. It is an up-to-date and valuable resource of evidence law not only for lawyers but also for judges, judicial officers, and every legal professional in the practice.

This book is a comprehensive compilation of the law of evidence applicable to criminal cases in India. An attempt has been made in this book to deal with that part of the evidence law which relates to criminal trials, which would serve as a handy reference to the lawyers practicing on the criminal side and all those who are concerned with the administration of criminal justice. 

This book discusses the Indian Evidence Act, 1872 is divided into eleven chapters and is spread over 167 sections. This book is an exhaustive section-wise commentary covering judgments of the Supreme Court, Privy Council and all the High courts. 

This book comprehensively covers the legislation and the judgments of the supreme court of India, Privy Council and Various High Courts. The Criminal law amendment Act, 2013, has been explained in so far as it has amended The Evidence Act. The book is divided into three parts as listed below:

This book touches the backbone of litigation as almost all the cases hinge on proof. Thus it was felt necessary to explain various concepts of proof. Such as what is proof, how it is proved, proof of fact, may presume, shall presume and so many other allied concepts. Case law up to 2015 has been inserted in the book at relevant places and other lacuna and short-coming in the book has been as far as possible removed. Effort has been made to make the book useful for the Bench and the Bar. 

 A Manual on Indian Evidence Act by Dr Gokulesh Sharma and Hemant Kumar Pandey has a Foreword by none other than Hon. Justice Dr Arijit Pasayat. 

The Law of Evidence: A Concise Commentary by Ram Jethmalani and D.S. Chopra deals with the Evidence Act of 1872, which can be regarded as one of the best examples of good legislative drafting. It has stood the test of time as it has required very few amendments since its enactment in 1872. Every provision has been a subject-matter of minute judicial scrutiny on several occasions by the Supreme Court and the various High Courts. The law as stated in this book is up to 15th December, 2014. The book also covers the changes made by the Criminal Law amendment Act, 2013. 

The Law of Evidence: A Concise Commentary by Ram Jethmalani and D.S. Chopra deals with the Evidence Act of 1872, which can be regarded as one of the best examples of good legislative drafting. It has stood the test of time as it has required very few amendments since its enactment in 1872. Every provision has been a subject-matter of minute judicial scrutiny on several occasions by the Supreme Court and the various High Courts. The law as stated in this book is up to 15th December, 2014. The book also covers the changes made by the Criminal Law amendment Act, 2013. 

• Tailored for undergraduate students: Specifically designed for undergraduate law students to build upon solid understanding of evidence law in their future legal endeavors.
• Comprehensive coverage: Contains 13 in-depth chapters covering fundamental topics in evidence law suitable for the university syllabus.
• Exclusive contents in ProView Extra: Summaries of key points within each chapter for quick review, incorporating mind maps of key concepts to help students understand the interconnections between various principles, with sample questions and answer plans.
• Sample questions and answers: Included in ProView Extra as practical guidance on how to structure responses in examinations and assignments.
• Malaysian legal context: Focuses on the specific needs of Malaysian law students, ensuring relevance and accuracy in local legal practices.
• Written in clear, simple and student-friendly English language, making complex legal concepts easier to understand. 
• Authored by two experienced academics with an in-depth understanding of the subject from many years teaching and researching the subject, with inputs from students, faculty members, and legal professionals.