Malaysia legislation

Section 257

of COMMUNICATIONS AND MULTIMEDIA ACT 1998

Section 257

Communications and Multimedia

(2)

No statement under subsection (1) shall be admissible or used—

(a)

if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which would appear to him reasonable for supposing that by

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Act 588

making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or

(b)

in the case of a statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect:

“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence”.

(3)

A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible after that.

Authorized officer to complete investigation and hand over to police