A Declaration of Witness is a crucial legal instrument in the Malaysian legal system, used to formally document testimony or statements about events, transactions, or facts that a person has directly witnessed or has personal knowledge of. This document type is governed by several Malaysian laws, including the Statutory Declarations Act 1960 and Evidence Act 1950, which set forth the requirements for its validity and admissibility. The declaration must be made voluntarily and sworn or affirmed before an authorized person such as a Commissioner for Oaths or Notary Public. It can be used in various contexts, including court proceedings, administrative matters, insurance claims, property transactions, or any situation requiring formal documentation of witnessed events. The document carries serious legal weight, and making false statements in a Declaration of Witness can result in penalties for perjury under Malaysian law.
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1. Declaration Header: Title of the declaration, reference number if applicable, and jurisdiction (Malaysia)
2. Declarant Details: Full name, NRIC/Passport number, occupation, and address of the witness making the declaration
3. Capacity and Relationship: Statement explaining the witness's relationship to the matter and basis for having knowledge of the declared facts
4. Subject Matter: Clear identification of the event, transaction, or matter about which the declaration is being made
5. Statement of Facts: Detailed chronological account of the facts being declared, with specific dates, times, and locations where relevant
6. Truth Affirmation: Standard clause affirming that the contents are true and made under penalty of perjury
7. Execution Block: Space for witness signature, date, and authentication by authorized person (Commissioner for Oaths/Notary Public)
1. Supporting References: References to any documents, photographs, or other evidence supporting the declaration, used when physical evidence exists
2. Language Declaration: Statement confirming that the contents were explained in a language understood by the declarant, used when the witness is not fluent in the document's language
3. Previous Statements: Reference to any previous declarations or statements made on the same matter, included when there are related prior declarations
4. Confidentiality Statement: Statement regarding the confidentiality of the declaration's contents, used when sensitive information is included
1. Exhibit List: List of documents, photographs, or other items referenced in the declaration
2. Translation Certificate: If the declaration was translated, certificate from qualified translator confirming accurate translation
3. Identity Documents: Copies of NRIC/Passport or other identity documents of the witness
4. Supporting Documents: Copies of any documents referenced in the declaration that support the witness's statements
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