Skip to content
In forceUpdated to 30 Sep 2025Read it in Bahasa Malaysia
Contents

Part V

52. Recording of evidence of trafficked person

(1)

Where a criminal prosecution has been instituted against any person for an offence under this Act, the Public Prosecutor may make an oral application for the production of the trafficked person before a Sessions Court before which the criminal prosecution has been instituted for the purpose of recording that trafficked person’s evidence on oath.

(2)

The Sessions Court Judge may, upon such application, issue a summons or order directed to the person in charge of the place of refuge where such trafficked person is placed, or to the enforcement officer who is investigating the circumstances of the case of a trafficked person, requiring him to produce the trafficked person at the time and place specified in the summons or order.

(3)

The Sessions Court Judge shall record the evidence of the trafficked person and complete such recording within seven days from the date of the production of that trafficked person before him.

(4)

In the course of the recording of evidence of the trafficked person, he shall be examined in accordance with the provisions of the Evidence Act 1950.

(5)

The Sessions Court Judge shall cause the evidence taken by him to be reduced into writing and, at the end of that writing, shall sign the same.

Anti-Trafficking in Persons and

Anti-Smuggling of Migrants 47

(6)

Notwithstanding anything contained in this Act or any other written laws to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings under this Act and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.

Report