Cap. 220 Art. 172General provisions as to evidence.

(1) The following provisions shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.

(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.

(4) A letter, return or other document stating that any person -

(a) was or was not serving at any specified time or during any specified period in any part of the force or was discharged from any part of the force at or before any specified time; or

(b) held or did not hold at any specified time any specified rank or appointment in any part of the force, or had at or before any specified time been, attached, posted or transferred to any part of the force, or at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place, shall, if purporting to be issued by or on behalf of the Commander, or by a person authorised by him be evidence of the matters stated in the document.

(5) A record made in any service book or other document, being a record made in pursuance of this Act or of any regulations, rules or orders made thereunder, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto) in any such book or other document as aforesaid, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.

(6) A document purporting to be issued by order of the Commander and to contain instructions or orders given by the Commander shall be evidence of the giving of the instructions or orders and of their contents.

(7) A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for -

(a) any formation or unit or body of troops or any area garrison or place, or

(b) any ship, train or aircraft, shall in proceedings against the said person be evidence of the matters stated in the certificate.