Statutes & Acts · 2023
Evidence (Amendment) Act 2023
Amends the Evidence Act 2011 to recognise and regulate the admissibility of electronic records, digital signatures, electronic affidavits and computer-generated evidence in judicial proceedings. Assented to on 12 June 2023.
- Reviewed
- Reviewed as current on November 6, 2026
- Note
- This reference is provided for convenience. Always confirm against the official gazette before relying on it.
1.. Amendment of Act No. 18, 2011
The Evidence Act, No. 18, 2011 (in this Act referred to as "the Principal Act") is amended as set out in this Act.
2.. Amendment of section 84
Section 84 of the Principal Act is amended -
(a)in subsection (2) (a), by inserting after the word "document", the words "or electronic records";
(b)in subsection (2) (b), by substituting for paragraph (b), a new paragraph "(b)" —
"(b) that during the period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the activities":
(c)in subsection (2) (c), by inserting after the word "document", the words "or electronic records";
(d)in subsection (2) (d), by inserting after the word "statement", the words "or electronic records";
(e)in subsection (4) (a) and (b), by inserting after the words "document", the words "or electronic record"; and
(f)in subsection (5) (c), by inserting after the word "document" the words "or electronic records".
3.. Insertion of new sections 84A-84D
(1)Insert after section 84 of the Principal Act, new sections "84A"_"84D" --
"Information in electronic form
84A. Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is —
(a)rendered or made available in an electronic form; and
(b)accessible so as to be usable for a subsequent reference.
Records in a computer to be admissible
84B. Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media or cloud computing or database produced by a computer shall be deemed to also be a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceeding, without further proof or production of the original, as evidence or any contents of the original or of any fact stated in it of which direct evidence would be admissible.
Authentication of electronic record
84C. (1) Subject to the provisions of this section any person may authenticate an electronic record by affixing his digital signature on it.
(2)A person may authenticate any electronic record by such digital signature or electronic authentication technique which —
(a)is considered reliable; or
(b)may be specified by this Act.
(3)For the purpose of this subsection (2), any digital signature or electronic authentication technique will be considered reliable if -
(a)the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and of no other person;
(b)any alteration to the digital signature made after affixing such signature is detectable;
(c)any alteration to the information made after its authentication by the digital signature is detectable; and
(d)it fulfils such other conditions which may be prescribed.
Proof of digital signature
84D. (1) Except in the case of a secure digital signature, if the digital signature of any person is alleged to have been affixed to an electronic record, the fact that such digital signature is the
digital signature of the person must be proved.
(2)A digital signature shall be deemed to be secure if the signaturecreation data —
(a)at the time of affixing the signature, was under the exclusive control of the signatory and no other person; and
(b)was stored and affixed in such exclusive manner as may be prescribed."
4.. Amendment of section 93
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5.. Substitution for section 108
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6.. Amendment of section 109
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7.. Amendment of section 110
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8.. Amendment of section 119
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9.. Substitution for section 255
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10.. Amendment of section 258
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11.. Citation
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