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Law of Evidence: A Commentary - 2nd Edition by Srimurugan Alagan - 2026

Law of Evidence: A Commentary - 2nd Edition by Srimurugan Alagan - 2026

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Mastery of the rules of evidence is essential for every lawyer. The second edition of Law of Evidence: A Commentary represents a significant advancement over the original 2020 edition, featuring comprehensive updates and expanded commentary on the Evidence Act 1950.

The legal principles, shaped by both local and international case law over the years, are skillfully distilled and clearly summarized for the benefit of readers. Key decisions from Indian courts, which offer valuable insights into evidence law, have been thoughtfully analyzed and discussed. Helpful cross-references guide readers through the complexities of Malaysia’s evidence law.

This updated edition is an invaluable resource for both legal professionals and students, bridging the gap between foundational evidence rules and the evolving judicial landscape in Malaysia.

Key updates in this new edition include:

  • The effects of the Evidence (Amendment) Act 2024, which removed section 133A and revised section 118 to bring child witness testimony in line with the Evidence of Child Witness Act 2007.
  • The introduction of a mandatory inquiry to challenge the competency of child witnesses and the question of whether a conviction can stand based on the uncorroborated, unsworn evidence of a child.
  • A review of procedures for the pre-recording of child witness testimony.
  • Recent Federal Court rulings on the admissibility of DNA evidence to challenge the "conclusive" presumption of legitimacy under section 112 of the Evidence Act 1950.
  • Exploration of new trends in evidence law, with insights from India’s Bharatiya Sakshya Adhiniyam 2023 and reforms to Singapore’s Evidence Act, offering potential directions for modernizing Malaysia’s evidence law.
  • Expanded appendices, featuring updated commentary on the Bankers’ Books (Evidence) Act 1949 and a new appendix on the Evidence of Child Witness Act 2007.

Key Features of Law of Evidence: A Commentary, 2nd Edition by Srimurugan Alagan:

  • A clear and detailed section-by-section commentary that explains the operation, interpretation, and practical application of each provision of the Evidence Act 1950.
  • The most current version of all provisions of the Evidence Act 1950.
  • An in-depth analysis of case law, including key Malaysian decisions and influential authorities from India, Singapore, and the United Kingdom.
  • Historical context and legislative cross-references that help readers understand how evidentiary provisions connect with related laws, such as the Criminal Procedure Code.
  • A practical and user-friendly guide that presents complex evidence principles in a well-structured and easy-to-read format.
About the Author:
Srimurugan Alagan is a highly respected practitioner who trained under the late Karpal Singh. His vast experience in litigation forms the solid foundation of this book. A prolific contributor to the Malaysian White Book, he has authored authoritative works on the Federal Constitution, the Penal Code, and the Criminal Procedure Code, as well as Jurisdiction of the Courts in Malaysia and Personal Insolvency Law in Malaysia.

In March 2025, Srimurugan was appointed by the Minister in the Prime Minister’s Department to the Ad Hoc Committee for the Review and Reform of Malaysia’s Penal Code, Criminal Procedure Code, and Evidence Act 1950 (CLRC).

With an LLM in International Dispute Resolution, Srimurugan combines academic rigor with practical experience, ensuring this work is both legally insightful and grounded in real-world application.

Table of Contents of Law of Evidence: A Commentary, 2nd Edition by Srimurugan Alagan:

Part I: Relevancy
1. Preliminary
2. Relevancy of Facts 

Part II: Proof
3. Facts Which Need Not Be Proved 
4. Oral Evidence
5. Documentary Evidence 
6. Admissibility of Evidence Obtained under Mutual Assistance in Criminal Matters Requests
7. Exclusion of Oral by Documentary Evidence

Part III: Production and Effect of Evidence
8. Burden of Proof
9. Estoppel 
10. Witnesses
11. Examination of Witnesses
12. Improper Admission and Rejection of Evidence

Author Srimurugan Alagan
Publication Date Apr 2026
ISBN
9786297851235
Format
Hardcover + eBook / eBook
Publisher Sweet & Maxwell
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