Malaysia legislation

Section 37B

of *DANGEROUS DRUGS ACT 1952

Section 37B

Admission of statements in evidence

(a)

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 such person 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 proceeding against him; or

(b)

in the case of a statement made by such person after his arrest, unless the court is satisfied that a caution was administered to him 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, but anything you say, whether in answer to a question or not, may be given in evidence”:

Provided that a statement made by any person before there is time to caution him shall not be rendered

Dangerous Drugs 49

inadmissible in evidence merely by reason of no such caution having been given if it has been given as soon as possible.

(2)

Notwithstanding anything to the contrary contained in any written law a person accused of an offence to which subsection (1)

applies shall not be bound to answer any questions relating to such case after any such caution as aforesaid has been administered to him.

(3)

Where a statement is purported to be made by a person charged with an offence against this Act under and in accordance with section 113 of the Criminal Procedure Code, the statement so made shall be deemed to have been made under and in accordance with this section.

Ship or aircraft used for unlawful import or export