Malaysia legislation

Section 54

of Sustainable Resources and Wastes Management, 2025

Section 54

(2)

No statement referred to in subsection (1) shall be admissible or used in any criminal proceedings—

(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 proceedings against him; or

(b)

in the case of a statement made by the person after his arrest, unless the Court is satisfied that he was cautioned by any investigating officer or a police officer of or above the rank of

Inspector 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”.

(3)

A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of

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him not having been cautioned if he is cautioned as soon as possible after that.

Where investigation cannot be completed within twenty-four hours