80
Laws of Malaysia
Act 593
Admission of statements in evidence
113. (1) Except as provided in this section, no statement made
by any person to a police officer in the course of a police
investigation made under this Chapter 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 a police officer in the course of a police investigation
under this Chapter 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 a police 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 a police officer in the course
of a police investigation made under this Chapter, that statement
may be used as evidence in the prosecution’s case.
No discouragement from making statement to police
114. No police officer or other person shall prevent or discourage
any person from making in the course of a police investigation
under this Chapter any statement which he may be disposed to
make of his own free will.
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