Malaysia legislation
Section 35
Section 35
(2)
A statement referred to in subsection (1) shall not be admissible or used in cross-examination or for the purpose of impeaching the credit of the person making the statement—
(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 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 proceeding against him; or
(b)
in the case of the 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, but anything you say, whether in answer to a question or not may be given in evidence”.
Act 612
(3)
Notwithstanding subsection (2), 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.
(4)
A person accused of an offence to which subsection (1)
applies shall not be bound to answer any questions relating to the case after the caution referred to in subsection (2) has been administered to him.
Power of search and seizure