Skip to content
In forceUpdated to 1 May 2020Read it in Bahasa Malaysia
Contents

Part XIV · Information Gathering Powers and Enforcement Provisions

88. Admissibility of statements in evidence

Feedback & support
(1)

Except as provided in this section, no statement made by any person to an authorized officer in the course of an investigation made under this Act shall be used in evidence.

(2)

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the authorized officer in the course of the investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the

Evidence Act 1950 [Act 56].

(3)

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4)

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5)

When any person is charged with any offence in relation to—

(a)

the making; or

(b)

the contents, of any statement made by him to an authorized officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

Laws of Malaysia ACT 741

64

Authorized officer to complete investigation and hand over to police

Report

Part XV

General

Part XVI

National Interest Matters

Part XVII

Savings and Transitional

Schedules