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Evidence Act Seychelles to it, contemporaneously with the occurrence or existence of the facts dealt within that information, and to the question whether or not any person concerned with the supply of information to that computer, or with the operation of the computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts. (5) 17. Nothing in section 14 or section 15 shall prejudice the admissibility of any evidence that would be admissible apart from that section. Expert opinion (1) In any trial a statement, whether of fact or opinion or both, contained in an expert report made by a person, whether called as a witness or not, shall, subject to this section, be admissible as evidence of the matter stated in the report of which direct oral evidence by the person at the trial would be admissible. (2) The Chief Justice may make rules as to (a) the condition subject to which an expert report may be admitted as evidence at a trial; (b) the condition subject to which oral expert evidence may be given at a trial, and rules made under this section may make different provision for different classes of cases, for expert report dealing with matters of different classes and for other different circumstances. (3) Nothing in this section affects the admissibility of an expert report under any other written law or otherwise than for the purpose of proving the matter stated in the expert report. (4) In this section "expert report" means a written report by a person dealing wholly or mainly with matters on which the person is or would, if living, be qualiﬁed to give expert evidence. Afﬁrmation by Hindus and Mohammedans in lieu of oath 18. Afﬁrmation by Hindus and Mohammedans Instead of any oath now authorised or required by law, every person of the Hindu or Mohammedan religion shall make afﬁrmation to the following effect: "I solemnly afﬁrm in the presence of Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth." 19. Penalty for false statement If any person making such afﬁrmation as aforesaid shall wilfully and falsely state any matter or thing which would amount to false evidence, every such offender shall be subject in all courts to the same punishment to which persons convicted of giving false evidence are subjected by the laws in force in Seychelles. 20. Procuring false statement Any person causing or procuring another to commit the offence deﬁned in section 19 shall be subject in all courts to the same punishment to which persons convicted of subornation or perjury were subject before this Act came into operation. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10

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The Evidence Act Chapter 74

Law

Status of Law: Final/Active/Current

Country

Seychelles

Country Location

Latitude: -4.679574

Longitude: 55.491977

Country Location (linked Law): Seychelles

Keywords

Admissibility
Electronic Communications

Adoption Date: Jan 20, 1882

Type of Law: Legislation

Research Category: II Fundamental Rights and Freedoms

Institution that Established this Law: The National Assembly of Seychelles

Is this the Official Copy?: No

Date of Most Recent Amendment: Jan 6, 2014

Source URL: seylii.org

Notes

Short Notes on Documentary Evidence from Computer Records

Admissibility of Computer-Generated Documents:
- In any trial, a statement in a document produced by a computer is admissible if direct oral evidence of the fact stated would be admissible, and the following conditions are met:
  - The computer was used for storing, processing, or retrieving information for activities by any body or person.
  - The information in the statement was derived from information supplied to the computer during these activities.
  - Appropriate measures were in place to prevent unauthorized interference with the computer, and it was operating properly at the time of document production.
Specific Conditions for Admissibility:
- A statement in a computer-generated document is admissible if:
  - No responsible person other than the accused (in criminal trials) during the relevant period can be found or is willing/able to testify about the computer's operation.
  - The document was produced under the direction of someone knowledgeable and experienced in computer use for these activities.
  - The computer was operating properly when the document was produced, or any issues did not affect the document's accuracy.
Restrictions in Criminal Trials:
- A statement in a computer-generated document is not admissible if the accused, who occupied a responsible position, is the person tendering the statement.
Treatment of Multiple Computers:
- When information is processed by multiple computers or combinations of computers over a period, they are treated as one computer for the purposes of this section.
Certification of Documents:
- A certificate identifying the document, describing its production, and detailing relevant device information must be signed by a responsible person and submitted without further proof to admit the document as evidence.
Notice Requirements:
- A certificate must be served 14 days in advance to parties likely to be affected in civil or criminal trials, unless the court orders otherwise.
Oral Evidence:
- Courts may require oral evidence for matters mentioned in the certificate, except where subsection (2) applies.

8. False Statements:

Making a false statement in a certificate knowingly is an offence, punishable by imprisonment for two years and a fine of R10,000.

Definitions and Scope:
- Information is supplied to a computer if it is provided in any appropriate form, either directly or with human intervention.
- A document is considered produced by a computer if generated directly or with the help of any appropriate equipment.
- "Computer" includes any electronic device for storing, processing, or retrieving information, and may be extended by the President through a Notice published in the Gazette.
Supplementary Provisions:

This section does not affect the admissibility of documents produced by computers for purposes other than proving the fact stated in them.

Related Law (self)

The Evidence Act Chapter 74

Collection

CIPIT

Date Updated: Aug 7, 2024

Complete Name: The Evidence Act Chapter 74

Primary Documents

Evidence Act.pdf
English
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CYRILLA: Global Digital Rights Law

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The Evidence Act Chapter 74

Primary Documents

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