COMPUTER

GENERATED
DOCUMENTS
By : Sharifah Alawiah Syed Esa
Matric no : 1413026
What is a computer generated
document?
■ Documents generated by computers.
■ S3 of Evidence Act provides…
‘Computer’ means, ‘any device for recording, storing, processing,
retrieving or producing any information or other matter, or for
performing any one or more of those functions, by whatever name
or description such device is called; and where two or more
computers carry out any one or more of those functions in
combination or in succession or otherwise howsoever conjointly,
they shall be treated as a single computer.’
Examples of computer : ticket vending machine, computers, CCTV
■ It is considered as primary evidence as it is an original copy.
■ It is an exception to the hearsay rule. (don’t have to call the
maker, only the one who manages the computer)
■ Examples : phone calls history, parking ticket, movie ticket
What are the statutory requirements for
it to be admissible?
■ CONDITION PRECEDENT :
S. 90A (1) must prove that the computer is used in the course of its
ordinary used.
“Ordinary used” – best working condition, ordinary course of business
■ HOW TO PROVE?
S. 90A (2) – may be proved by tendering a certificate signed by a person
who is responsible for the management of the operation of the computer
■ The word “May” suggests that it is not obligatory in every case.
■ It may also be proven by oral evidence.
■ Case : Gnanasegaran
- Court held that the wording “it may be proved” in S.90A suggests that
it is not mandatory.
- The certificate is only required if the person responsible for the
management of the computer cannot appear in court in person
- Hence, if oral evidence can be given, there is no need to produce a
certificate.
Application of S.90 A(4)

■ “…..where a certificate is given under subsection 2, it shall be

presumed that the computer referred to in the certificate was in good
working condition and operating properly”
■ The certificate produced under subsection 2 activates this provision.
■ This provision allows the court to presume that the computer was in a
good working order which consequently will establish the truth of the
content of the document.
Application of S.90 A(6)
■ It is known as the deeming provision
■ “Any document produced by the computer shall be deemed to be produced by the
computer in the course of its ordinary use”
■ Deemed the document to be produced by the computer in the course of its ordinary
used.
■ Definition of “deemed to be”
Hanafi Hassan
“deemed to be” is a legal fiction. The court will automatically consider it as in its
ordinary used.
Malaysia Building society
The primary function of a deeming provision is to bring in something which would
otherwise be excluded.
“Deemed to be”

In 90 A (6) it is silent on the requirement of the certificate which is in

contradictory to 90 A (1) and (2)
■ Because it requires a certificate to prove that the document was made
in the course of its ordinary used.
■ It cannot be a substitute to a certificate because 90 A(2) prevails.
“Deemed to be”
■ Purpose :
i. To admit the documents produced by a computer which is not in ordinary use. In
other words, documents which do not come within the scope of S.90 A(1). Hanafi
Mat Hassan (A case where cert does not exist)
ii. To enable those who do not manage the computer to testify the accuracy of the
document.
■ Effect :
Najib aris –
S.90A (6) will be clear if it’s read with S.90 C [provides that s.90 A & S.90B will prevail
over other sections in the act]
S.90A is the only law which all documents produced by the computer to be admissible
as evidence.
In case the document is produced by a computer not in the course of its ordinary use, it
can STILL be admissible under s.90A(6).
■ However, the evidential value of documents produced under S.90 A(6) can still be
argued as the content of the document is not proven.
■ This is because s 90A(4) does not apply to s90A(6)