Malaysia legislation

Section 148

of EVIDENCE ACT 1950

Section 148

Court to decide when question shall be asked and when witness compelled to answer

(2)

In exercising its discretion, the court shall have regard to the following considerations:

(a)

the questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies;

(b)

the questions are improper if the imputation which they convey relates to matters so remote in time or of such a character that the truth of the imputation would not affect or would affect in a slight degree the opinion of the court as to the credibility of the witness on the matter to which he testifies;

(c)

the questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence;

(d)

the court may, if it sees fit, draw from the witness’s refusal to answer, the inference that the answer, if given, would be unfavourable.

Question not to be asked without reasonable grounds