Malaysia legislation

Section 113

of CHILD ACT 2001

Section 113

(a)

acquainted with the facts and circumstances of an offence to attend before him to be examined orally in relation to any matter which may assist in the investigation into the offence; or

(b)

to produce any child or any book, article or document which may assist in the investigation into the offence.

(2)

A person to whom an order has been given under paragraph (1)(a)—

(a)

shall attend in accordance with the terms of the order to be examined; and

(b)

during such examination—

(i)

shall disclose all information which is within his knowledge or which is available to him in respect of the matter in relation to which he is being examined;

Act 611

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Child 131

(ii)

shall answer any question put to him truthfully and to the best of his knowledge and belief; and

(iii)

shall not refuse to answer any question on the ground that it tends to incriminate him.

(3)

A person to whom an order has been given under paragraph (1)(b)—

(a)

shall produce the child unless it can be shown to the satisfaction of the Protector that the child—

(i)

is no longer under the custody or control of that person; and

(ii)

that the whereabouts of the child are not known to that person; and

(b)

shall not conceal, destroy, alter or dispose of any book, article or document specified in the order.

(4)

A person to whom an order is given under subsection (1)

shall comply with the order and with subsections (2) and (3)

notwithstanding any written law or rule of law to the contrary.

(5)

A Protector examining a person under paragraph (1)(a)

shall record in writing any statement made by the person so examined and the statement so recorded shall be signed by the person making it or affixed with his thumb-print, as the case may be, after—

(a)

it has been read to him in the language in which he made it; and

(b)

he has been given an opportunity to make any correction he may wish.

(6)

If a person examined under this section refuses to sign or affix his thumb-print on the statement, the Protector shall endorse on the record under his hand the fact of such refusal and the reason for it, if any, stated by the person examined.

(7)

Notwithstanding any written law or rule of law to the contrary, the record of an examination under paragraph (1)(a) and any book, article or document produced under paragraph (1)(b)

WJW22/0178 BI.indd 131 04/08/2023 3:33 PM shall be admissible in evidence in any proceedings in any Court for or in relation to an offence under this Act, regardless of whether such proceedings are against—

(a)

the person who was examined;

(b)

the person who produced the book, article or document;

or

(c)

any other person.

(8)

Any person who contravenes this section commits an offence.

Inspection