Evidence Act · 2014 Revised Edition · Chapter X
153. Exclusion of evidence to contradict answers to questions testing veracity
Official textFrom Attorney General's Chambers, unchanged
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but if he answers falsely he may afterwards be charged with giving false evidence.
evidence
“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; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Exception 1 — If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction.
Exception 2 — If a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted.
Illustrations
A claim against an underwriter is resisted on the ground of fraud.
The claimant is asked whether in a former transaction he had not made a fraudulent claim. He denies it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.
A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it.
Evidence 100 CAP.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.
A affirms that on a certain day he saw B at Kuala Belait.
A is asked whether he himself was not on that day at Bandar Seri Begawan. He denies it.
Evidence is offered to show that A was on that day at Bandar Seri Begawan.
The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Kuala Belait.
fact
“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (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. (c) That a man said certain words 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. 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;
A is tried for a rape on B. B is asked in cross-examination whether she has not had illicit intercourse with C and D. She denies it.
Evidence is offered to show that she has had such intercourse with C and D. The evidence is not admissible.
In each of the cases in illustrations (c) and (d) the witness might, if the denial was false, be charged with giving false evidence.
A is asked whether he has not said that he would be revenged on B, against whom he gives evidence. He denies it.
He may be contradicted on the ground that the question tends to impeach his impartiality.
Terms defined in s 3
evidence
Defined · s 3“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; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (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. (c) That a man said certain words 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. 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;