Malaysia legislation
Section 146
Section 146
When a witness may be cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—
(a)
to test his accuracy, veracity or credibility;
(b)
to discover who he is and what is his position in life; or
(c)
to shake his credit by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture.
Evidence 95
Restrictions on evidence at trials for rape 146a. Notwithstanding anything in this Act, in proceedings in respect of the offence of rape, no evidence and no question in cross-examination shall be adduced or asked, by or on behalf of the accused, concerning the sexual activity of the complainant with any person other than the accused unless—
(a)
it is evidence that rebuts, or a question which tends to rebut, evidence of the complainant’s sexual activity or absence thereof that was previously adduced by the prosecution;
(b)
it is evidence of, or a question on, specific instances of the complainant’s sexual activity tending to establish the identity of the person who had sexual contact with the complainant on the occasion set out in the charge;
or
(c)
it is evidence of, or a question on, sexual activity that took place on the same occasion as the sexual activity that forms the subject matter of the charge, where that evidence or question relates to the consent that the accused alleges he believed was given by the complainant.
When witness to be compelled to answer