Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter VI · Exclusion of Oral by Documentary Evidence
93. Exclusion of evidence to explain or amend ambiguous document
Feedback & supportWhen the language used in a document is on its face ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects.
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, signs, 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 howsoever made, or any sounds, electronic impulses, or other data whatsoever; (d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraphs (a), (b), (c) and (d), intended to be used or which may be used for the purpose of expressing, describing, or howsoever representing, that matter; A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. Evidence 15 An inscription on wood, metal, stone or any other substance, material or thing is a document. A drawing, painting, picture or caricature 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 a 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;
A agrees in writing to sell a horse to B for RM500 or RM600.
Evidence cannot be given to show which price was to be given.
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 document contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.