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A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]

Section 113 of the Malaysian Evidence Act 1950 gives protection to rapist who is below the age of 13 years old from being charged. The provision provides for irrebuttable presumption of law even there is concrete evidence against the offender. Other commonwealth countries like United Kingdom, Hong K...

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Main Authors: Ishak, Nabihah, Hamzah, Nurellma, Sallehudin, Nur Fatin Nabila, Dyana Anizan, Nor Amalina
Format: Student Project
Language:English
Published: 2014
Subjects:
The legal profession
Constitutional law
Online Access:http://ir.uitm.edu.my/id/eprint/31509/1/31509.pdf
http://ir.uitm.edu.my/id/eprint/31509/
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id my.uitm.ir.31509
record_format eprints
spelling my.uitm.ir.315092020-07-06T02:31:19Z http://ir.uitm.edu.my/id/eprint/31509/ A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.] Ishak, Nabihah Hamzah, Nurellma Sallehudin, Nur Fatin Nabila Dyana Anizan, Nor Amalina The legal profession Constitutional law Section 113 of the Malaysian Evidence Act 1950 gives protection to rapist who is below the age of 13 years old from being charged. The provision provides for irrebuttable presumption of law even there is concrete evidence against the offender. Other commonwealth countries like United Kingdom, Hong Kong, Singapore and Australia had completely abolished the said presumption from their legal system. By seeing the development of the law in other Commonwealth countries, Malaysia is still left behind in the aspect of advancement and development of the law particularly Section 113 of the Malaysian Evidence Act 1950. In order to overcome that, some changes need to be considered. Section 113 of the Malaysian Evidence Act 1950 can either be abolished completely, following the mentioned commonwealth countries' position, or the presumption can be amended to be rebuttable. Other than that, the age provided in the section can also be reduced to 10 years old in line with that provided in Section 82 of the Malaysian Penal Code. 2014 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/31509/1/31509.pdf Ishak, Nabihah and Hamzah, Nurellma and Sallehudin, Nur Fatin Nabila and Dyana Anizan, Nor Amalina (2014) A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]. [Student Project] (Unpublished)
institution Universiti Teknologi Mara
building Tun Abdul Razak Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Mara
content_source UiTM Institutional Repository
url_provider http://ir.uitm.edu.my/
language English
topic The legal profession
Constitutional law
spellingShingle The legal profession
Constitutional law
Ishak, Nabihah
Hamzah, Nurellma
Sallehudin, Nur Fatin Nabila
Dyana Anizan, Nor Amalina
A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
description Section 113 of the Malaysian Evidence Act 1950 gives protection to rapist who is below the age of 13 years old from being charged. The provision provides for irrebuttable presumption of law even there is concrete evidence against the offender. Other commonwealth countries like United Kingdom, Hong Kong, Singapore and Australia had completely abolished the said presumption from their legal system. By seeing the development of the law in other Commonwealth countries, Malaysia is still left behind in the aspect of advancement and development of the law particularly Section 113 of the Malaysian Evidence Act 1950. In order to overcome that, some changes need to be considered. Section 113 of the Malaysian Evidence Act 1950 can either be abolished completely, following the mentioned commonwealth countries' position, or the presumption can be amended to be rebuttable. Other than that, the age provided in the section can also be reduced to 10 years old in line with that provided in Section 82 of the Malaysian Penal Code.
format Student Project
author Ishak, Nabihah
Hamzah, Nurellma
Sallehudin, Nur Fatin Nabila
Dyana Anizan, Nor Amalina
author_facet Ishak, Nabihah
Hamzah, Nurellma
Sallehudin, Nur Fatin Nabila
Dyana Anizan, Nor Amalina
author_sort Ishak, Nabihah
title A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
title_short A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
title_full A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
title_fullStr A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
title_full_unstemmed A study on the presumption under Section 113 of the Malaysian Evidence Act 1950; with special reference to legal position in other commonwealth countries / Nabihah Ishak … [et al.]
title_sort study on the presumption under section 113 of the malaysian evidence act 1950; with special reference to legal position in other commonwealth countries / nabihah ishak … [et al.]
publishDate 2014
url http://ir.uitm.edu.my/id/eprint/31509/1/31509.pdf
http://ir.uitm.edu.my/id/eprint/31509/
_version_ 1685650799041970176
score 13.211869

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