Section 147 Evidence Act 2011
Section 147 Evidence Act 2011 is titled ‘Presumption as to documents produced as record of evidence‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
(1) Whenever any document is produced before any court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or defendant, taken in accordance with law, and purporting to be signed by any judge or magistrate or by any such officer as mentioned in this section, the court shall presume that –
(a) the document is genuine;
(b) any statements as to the circumstances in which it was taken, purporting to be made by the person signing it, are true; and
(c) Such evidence, statement or confession was duly taken.
(2) In the absence of evidence to the contrary, the integrity of the electronic records system in which an electronic record is recorded or stored is presumed in any legal proceedings:
(a) Where evidence is adduced that supports a finding that at all material times the computer system or other similar device was operating properly, or if not, that in any respect in which it was not operating properly or out of operation, the integrity of the record was not affected by such circumstances, and there are no reasonable grounds to doubt the integrity of the record.
(b) Where it is established that the electronic record was recorded or stored by a party to the proceedings who is adverse in interest to the party seeking to introduce it; or
(c) Where it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not record or store it under the control of the party seeking to introduce the record.