5.5 Burden of Proof

5.5 BURDEN OF PROOF

In virtue of Section 103 of the Evidence Act 1950, the burden of proof as to any particular fact lies on the party who wishes the court to believe its’ existence. Whereby, Section 106 provides the burden of proof lies on the person who has the knowledge of the actual fact (primary evidence).1

In PEINet v. O'Brien  [1995] P.E.I.J. No. 68, a Canadian case, MacDonald C.J. delivering the judgement, dismissed the plaintiff's application because the plaintiff has failed to authenticate the evidence presented to the court.

SOURCE

1. Lee Swee Seng. 2005. Electronic Evidence in Malaysia. In Zaid Hamzah (author). E-Security Law & Strategy, page 150. Malaysia: Malayan Law Journal.

POSTED BY NADHIRAH NA’IEMAH