Law of Evidence at Myanmar
Myanmar's law of evidence is primarily governed by the Evidence Act of 1872, which was inherited from British colonial rule. This Act outlines the rules for the admissibility, relevance, and evaluation of evidence in judicial proceedings. Over time, the Act has been amended to address contemporary legal needs and technological advancements.
🏛️ Core Legislation
The Evidence Act of 1872: This foundational statute sets out the general principles of evidence law in Myanmar, including the admissibility of oral and documentary evidence, the examination of witnesses, and the standards for proving facts in judicial proceedings. (The Evidence Act | Online Burma/Myanmar Library)
Amendments to the Evidence Act: In 2015, the Pyidaungsu Hluttaw enacted Law No. 73/2015, amending the Evidence Act to incorporate provisions for the use of electronic records and signatures as admissible evidence in courts. This amendment modernized the legal framework to accommodate digital evidence. (Law Amending the Myanmar Evidence Act - Pyidaungsu Hluttaw Law No. 73/2015 - သက်သေခံအက်ဥပဒေကိုပြင်ဆင်သည့်ဥပဒေ | Online Burma/Myanmar Library)
⚖️ Principles of Evidence
Burden of Proof: In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. In civil cases, the burden of proof is typically on the party making the claim, and the standard is based on the preponderance of evidence.
Admissibility of Evidence: Evidence must be relevant, material, and obtained legally to be admissible in court. The court has discretion to exclude evidence that is deemed inadmissible.
Witness Testimony: Witnesses are required to testify truthfully and are subject to penalties for perjury. The examination of witnesses follows established procedures to ensure fairness and reliability.
🧾 Recent Developments
In December 2024, Myanmar enacted the Management and Preservation of Evidence Law 2024, comprising 12 chapters and 54 sections. This law establishes a robust legal framework for the systematic handling, preservation, and management of evidence in criminal investigations and trials. It addresses critical issues to ensure the integrity of judicial processes and safeguard the proper use of evidence.
📘 Accessing the Legislation
For detailed provisions and updates, the full text of the Evidence Act and its amendments can be accessed through the Myanmar Law Library:
These resources provide comprehensive insights into the legal framework governing evidence in Myanmar.
RELATED Blog
0 comments