Malaysia legislation
Section 43
Section 43
Notwithstanding the provisions of any written law to the contrary, where a person is charged with an offence under this Act, any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of investigation under this Act or not and whether or not wholly or partly in answer to questions, by the person to, or in the hearing of, the authorized officer and whether or not interpreted to him by an authorized officer or any other person concerned or not in the case, shall be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:
(a)
no such statement shall be admissible or used as aforesaid—
(i)
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 making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or
(ii)
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
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but anything you say, whether in answer to a question or not, may be given in evidence.”; and
(b)
a statement made by any 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.
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