Malaysia legislation

Section 269

of *CRIMINAL PROCEDURE CODE

Section 269

(2)

If the witness denies the correctness of any part of the evidence when the same is read over to him the presiding Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness, and shall add such remarks as he thinks necessary.

(3)

The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.

(4)

When the evidence has been read over to the witness and every correction, if any, asked for by him has been made or noted the witness shall subscribe the deposition with his signature, and in the event of his refusing to do so the Magistrate shall record such refusal.

Criminal Procedure Code 145

(5)

When a deposition has been read over to a witness and acknowledged to be correct the Magistrate shall append to the evidence of the witness a certificate signed with his signature or initials to the following effect:

“Read over (and interpreted) to the witness in the presence and hearing of the accused and admitted by the witness to be correct.”.

(6)

The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.

Interpretation of evidence to accused