Malaysia legislation
Section 76
Section 76
Burden of proving fact necessary to be proved to make evidence admissible
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact, is on the person who wishes to give the evidence.
(a)
A wishes to prove marad al-maut by B.
A must prove marad al-maut and B’s death.
(b)
A wishes to prove by secondary evidence the contents of a lost document.
A must prove that the document has been lost.
Burden of proving that case of accused comes within exceptions