Evidence Act · 2014 Revised Edition · Chapter V
Section 78A
Official textFrom Attorney General's Chambers, unchanged
Any document purporting to be signed by the Attorney General certifying that any foreign document attached thereto has been received by him in connection with any criminal proceedings shall be admitted in evidence in those proceedings together with the document attached thereto on production, without further proof, as prima facie evidence of the facts contained in such documents.
document
“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
In this section, “foreign document” means a document purporting to be —
a true copy of extract from —
any record, book or document of a public nature kept or maintained in any place outside Brunei
Darussalam; or
any document filed in or issued out of an office, kept or maintained in any place outside Brunei
Darussalam for the purpose (whether the sole purpose or not) of registering companies or business names or the ownership of property; and
signed and certified as a true copy of or extract from any such record, book or document by a person having custody or controlled thereof.
In relation to a document tendered in evidence under this section and purporting to be signed and certified as a true copy of or extract from any record, book or document by a person having custody or control thereof, it shall be presumed, unless the contrary is proved, that such record, book or document is —
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.
a record, book or document of a public nature kept or maintained in a place outside Brunei Darussalam; or
a document filed in or issued out of an office kept or maintained in a place outside Brunei Darussalam for the purpose of registering companies or business names or the ownership of property,
Evidence if there is endorsed on the document a statement purporting to be signed by that person to that effect.
Unless the court otherwise orders, a document shall not be admitted in evidence under this section unless 14 days notice in writing of the intention to tender such document in evidence, together with a copy thereof and of the certificate under subsection (1) of the Attorney General in respect thereof, has been served —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
where the document is tendered by the prosecution, on the defendant (or, if more than one, on each defendant) or his counsel;
where the document is tendered by a defendant, on the
Public Prosecutor, but nothing in this subsection shall affect the admissibility of a document in respect of which notice has not been served in accordance with the requirements of this subsection if no person entitled to be so served object to its being so admitted.
Presumptions as to documents
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
document
Defined · s 3“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
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.
Chapter VI
Part III