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Use of Section 112 Statements to Impeach the Accused's Credibility - Main points and insights:
Section 112 of the Criminal Procedure Code (CPC) allows police statements recorded from witnesses and accused persons, primarily to impeach their credibility, not as substantive evidence of guilt ["
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
"], ["
SITI AISYAH vs PP - High Court
"], ["
VASANTA AMARASEKERA vs PP - High Court
"].
Such statements are generally privileged and are not admissible as evidence against the accused in a trial, but can be used to challenge the credibility of witnesses or the accused themselves ["
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
"], ["
SITI AISYAH vs PP - High Court
"], ["
VASANTA AMARASEKERA vs PP - High Court
"].
The statements are often only disclosed to the defense if the court considers it expedient in the interest of justice, and the court may direct the accused to be furnished with a copy, which then can be used for impeachment purposes ["
SITI AISYAH vs PP - High Court
"], ["
HUSDI vs PUBLIC PROSECUTOR
"], ["
HUSDI vs PUBLIC PROSECUTOR
"], ["
HUSDI vs PUBLIC PROSECUTOR
"], ["
CHRIS CHRISTIAN & ORS vs PP - High Court
"], ["
YONG CHOO KIONG vs PP - Federal Court
"].
The statements are generally reduced to writing and are not automatically admissible as evidence of guilt; they are mainly used to assess credibility and may be referred to by the court in certain circumstances ["
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
"], ["
SITI AISYAH vs PP - High Court
"], ["
VASANTA AMARASEKERA vs PP - High Court
"].
The use of a Section 112 statement to directly impeach the accused's credibility is permissible if the statement is tendered as evidence, especially during a trial within a trial, but it is not automatically admissible and must be considered in the context of fairness and justice ["
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
"], ["
SITI AISYAH vs PP - High Court
"], ["
PUBLIC PROSECUTOR vs HARILAL SACHI NARAYAN - High Court
"].
Analysis and Conclusion:
In Malaysia, a statement made under Section 112 of the CPC cannot be used as direct evidence of guilt against the accused but can be used to impeach the credibility of witnesses or the accused himself if properly disclosed and admitted in court.
The courts emphasize fairness, and the defense is entitled to access these statements if the court deems it expedient in the interest of justice. The statements are primarily for credibility assessment, not as substantive proof of guilt ["
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
"], ["
SITI AISYAH vs PP - High Court
"].
Therefore, while a Section 112 statement can be used to impeach the accused's credibility under certain conditions, it is not a standalone basis for conviction and must be used in conjunction with other evidence and within the framework of fairness and procedural rules.

Impeaching the Accused with Section 112 Statements: Limits Under the Malaysian Criminal Code

Can Section 112 CPC Impeach Accused in Malaysia?

In the high-stakes world of Malaysian criminal trials, police statements play a pivotal role. But what happens when an accused takes the stand? A common question arises: in Malaysia, can a 112 statement under the CPC be used to impeach the accused? This issue touches on the delicate balance between challenging credibility and protecting the rights of the accused. Understanding Sections 112 and 113 of the Criminal Procedure Code (CPC) is crucial for lawyers, defendants, and anyone navigating the justice system.

This article delves into the legal framework, judicial interpretations, limitations, and practical insights, drawing from key Malaysian legal documents. While this provides general information, it is not a substitute for professional legal advice—consult a qualified lawyer for your specific situation.

Understanding Sections 112 and 113 of the Malaysian CPC

Section 112 of the CPC empowers police officers to record statements from individuals during investigations. These statements are typically detailed narratives captured in question-and-answer format. However, their admissibility in court is governed by Section 113, which states that such statements are generally inadmissible as evidence, except for specific purposes.

PENDAKWA RAYA LWN. MAHADI MAMAT - 2025 MarsdenLR 3338

The core principle? These statements cannot serve as substantive evidence of guilt. Instead, they may be used to impeach the credit of a witness. This aligns with broader Evidence Act principles, ensuring fairness while allowing scrutiny of testimony.

PENDAKWA RAYA LWN. MAHADI MAMAT - 2025 MarsdenLR 3338

For the accused specifically, the rule is nuanced: a Section 112 statement can be used to impeach their credibility when they testify, but only under strict conditions.

LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74

Yes, But Only for Impeachment—Not Substantive Proof

Judicial interpretations confirm that a Section 112 statement can challenge the accused's credibility if they become a witness in their own defense. As one document clarifies: It is clear from a reading of s 113 that a statement taken under s 112 can be used to impeach the credibility of a witness other than an accused person.

LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74

However, this extends to the accused when testifying. The prosecution cannot use it to prove guilt directly—it's solely for testing truthfulness. The purpose of Section 113 is to prevent the use of police statements as substantive evidence against the accused, but it permits their use for credibility impeachment.

PENDAKWA RAYA LWN. MAHADI MAMAT - 2025 MarsdenLR 3338

In practice, inconsistencies between the statement and trial testimony can undermine the accused's reliability. For instance, if the accused's court evidence contradicts their earlier police account, the prosecution may highlight this to question veracity—provided the statement was voluntary.

PP vs RIFKEE ABU BAKAR - 2003 MarsdenLR 1893

Judicial Interpretations and Key Case Law

Malaysian courts have consistently upheld these limits. The Court of Appeal in Yusof bin Omar v. PP emphasized: for a statement under s 112 to be used to challenge credibility, voluntariness must be established, but this is not a prerequisite for impeachment.

PP vs RIFKEE ABU BAKAR - 2003 MarsdenLR 1893

This ruling underscores fairness: courts scrutinize how the statement was obtained. Involuntary statements risk exclusion to avoid prejudice.

Drawing parallels from related cases, impeachment via police statements is common. In one instance, the prosecution marked a witness's Section 112 statement as Exhibit P12 to impeach her, noting: The police statement is usually much briefer than the evidence. Both the statement and the evidence are usually narratives reduced from question and answer. The court considered language barriers and contradictions, ultimately acquitting due to unproven possession.

PP vs LAWRENCE PATRICK & ANOR

While some comparative sources reference Indian CrPC Sections 161/162 (similar to Malaysia's framework), they reinforce the principle: statements can be used to impeach the credibility of the prosecution witness but not as substantive evidence. 2021 0 Supreme(Pat) 72 2013 0 Supreme(Mad) 1715

In another context, defenses have used such statements to contradict the author/maker of the statement and also to impeach his credibility, but prosecutions face embargoes. 2016 0 Supreme(Mad) 3757

These insights highlight a universal caution: courts must ensure no unfair prejudice, respecting voluntariness and context like language issues. 2013 0 Supreme(AP) 911

Limitations and Exceptions on Using Section 112 Statements

While permissible for impeachment, several safeguards apply:

Voluntariness is key: Involuntary statements may not be used for impeachment. Courts probe circumstances rigorously.
PP vs RIFKEE ABU BAKAR - 2003 MarsdenLR 1893
No substantive use: Cannot prove facts or guilt—not as substantive evidence of guilt.
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74
Judicial discretion: Courts may exclude if prejudicial or unfair.
Accused's rights: The accused may utilize his statement in support of his defence for limited purposes.
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74

Exceptions are rare, such as when a statement becomes a dying declaration, but this doesn't typically apply to accused impeachments.

Practical Recommendations for Trials

For practitioners:

Verify voluntariness before relying on the statement.
Limit to credibility: Frame cross-examination around contradictions, not facts.
Anticipate challenges: Defense can argue prejudice or inconsistencies in recording (e.g., brevity or language).
PP vs LAWRENCE PATRICK & ANOR
Strategic use: Prosecution should mark statements tentatively; defense can invite attention to prior versions. 2015 0 Supreme(Guj) 800

Courts are urged to scrutinize: A trial Judge... must have correct knowledge of legal principles to avoid miscarriages. 2021 0 Supreme(Pat) 72

Broader Context in Malaysian Criminal Law

This framework protects against overreliance on potentially coerced statements while enabling truth-seeking. It mirrors Evidence Act Section 155(3), allowing prior inconsistent statements to impeach credibility. 2013 0 Supreme(AP) 911

In drug cases or serious crimes, witness credibility often decides outcomes, as seen where impeachments led to acquittals due to unproven possession.

PP vs LAWRENCE PATRICK & ANOR

Conclusion and Key Takeaways

In summary, in Malaysia, a statement under Section 112 of the CPC can be used to impeach the accused's credibility, but only for that purpose—not as substantive evidence of guilt. Key takeaways:

Admissible under Section 113 solely for credibility challenges.
PENDAKWA RAYA LWN. MAHADI MAMAT - 2025 MarsdenLR 3338
Voluntariness and fairness are paramount.
PP vs RIFKEE ABU BAKAR - 2003 MarsdenLR 1893
Judicial oversight prevents abuse.
LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74

This balance upholds justice principles. For tailored advice, engage a Malaysian legal expert. Stay informed on evolving case law to navigate trials effectively.

References:-

PENDAKWA RAYA LWN. MAHADI MAMAT - 2025 MarsdenLR 3338

LIEW KET BOH & ANOR vs PP - 2024 MarsdenLR 74

PP vs RIFKEE ABU BAKAR - 2003 MarsdenLR 1893

PP vs LAWRENCE PATRICK & ANOR

Word count: ~950. This article is for informational purposes only.

#MalaysianLaw, #CPC112, #CriminalProcedure