Police Asked You to Give a Statement in Malaysia? What You Should Know About a Section 112 Statement

Being asked by the police to give a statement can be stressful, especially when you are unsure why you have been contacted, whether you are being investigated, and what you are expected to say.

In Malaysia, a police statement taken during an investigation may be recorded under Section 112 of the Criminal Procedure Code. A Section 112 statement is an important part of the investigation process and should not be treated as a casual conversation.

The legal position can depend on why the police want the statement, whether you are a witness or a suspect, whether you are under arrest, the questions being asked and the particular investigation involved.

This guide explains what a Section 112 statement is, what generally happens when the police ask you to give one, what protections are relevant and why obtaining appropriate legal advice may be important in some situations.

What Is a Section 112 Statement in Malaysia?

A Section 112 statement is a statement taken by the police during a criminal investigation under Section 112 of the Criminal Procedure Code.

Section 112 allows a police officer conducting an investigation to orally examine a person who is believed to be acquainted with the facts and circumstances of the case.

This means that the person being questioned does not necessarily have to be the person suspected of committing the offence. A person may be asked to provide information because the police believe that person has knowledge about the incident or circumstances being investigated.

For example, depending on the circumstances, the police may want to speak to a person who:

• witnessed an incident;
• was present at a relevant location;
• has information about another person involved in the matter;
• has knowledge of a transaction, communication or event; or
• may have information relevant to the investigation.

However, being described as a person giving a statement does not by itself tell you exactly how the police view your role in the investigation. The circumstances and questions being asked matter.

Why Would the Police Ask You to Give a Statement?

The police may seek a statement because they believe you have information relevant to an investigation.

Sometimes the request may concern a straightforward factual matter. In other situations, the questions may relate to conduct, transactions, communications, documents or events that are potentially relevant to an alleged criminal offence.

Before attending, it is therefore useful to understand:

• which police station or investigating officer is contacting you;
• what case or incident the request relates to, if this has been explained;
• when and where you are expected to attend;
• whether the request is informal or has been made through a formal written order; and
• whether there is any reason to believe that you may yourself become the subject of investigation.

A person should not automatically assume that being asked for a statement means that he or she has been accused of a crime. At the same time, it is sensible not to assume that the request is risk-free simply because the police initially describe the person as a witness.

Is a Section 112 Statement the Same as Being Arrested?

No.

A request for a Section 112 statement and an arrest are different stages of the criminal investigation process.

The Malaysian Bar's guidance explains that the police may ask a person who is not under arrest to attend a police station to answer questions and that, in an informal request, the person may choose whether and when to cooperate, subject to the possibility of a formal written order in the circumstances described by law.

An arrest, on the other hand, involves the person being taken into custody in connection with a suspected offence.

It is therefore important to establish whether you have merely been asked to attend for questioning or whether you are actually under arrest.

Read the Malaysian Bar's guidance on police questioning and Section 112 statements.

Can the Police Force You to Give a Section 112 Statement?

This is one of the most important questions, and the answer depends on the circumstances.

Section 112 of the Criminal Procedure Code provides that a person examined by the police is generally bound to answer questions relating to the case. However, the law provides an important protection: a person may refuse to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.

Section 112 also provides that a person making a statement is legally bound to state the truth.

There is therefore an important difference between saying that you should simply refuse every question and understanding the specific legal protections that apply to particular questions.

The Malaysian Bar also explains that where a person is not under arrest and receives an informal request to attend for a Section 112 statement, the person may choose not to attend at the requested time. However, the police may in appropriate circumstances issue a formal written order requiring cooperation, and different legal consequences can follow from ignoring such an order.

Because the consequences can depend on the precise circumstances, anyone who is unsure about the status of a police request should consider obtaining legal advice before deciding how to respond.

Do You Have to Tell the Truth in a Section 112 Statement?

Yes, Section 112 contains an express requirement concerning truthfulness.

Section 112 provides that a person making a statement under the section is legally bound to state the truth.

This is important because a person should not approach a police interview by guessing, exaggerating, changing facts to make the story appear more favourable, or knowingly providing false information.

If you genuinely do not remember something, it is safer to say that you do not remember rather than inventing an answer.

Similarly, if you do not understand a question, ask for the question to be explained before answering it.

Can You Refuse to Answer a Question?

Section 112 contains a specific protection allowing a person to refuse to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.

This does not mean that a person can automatically refuse every question simply because the questioning is uncomfortable or inconvenient.

The relevant issue is whether answering the particular question could have the type of self-incriminating effect described by the law.

This is one reason why the legal context of a police interview matters. A question that appears simple on its face could potentially become significant depending on what the investigating officer already knows and what other evidence exists.

Should You Tell the Police Everything?

A person giving a statement should answer truthfully within the legal framework that applies to the interview.

However, this should not be confused with trying to guess what the police want to hear or volunteering unnecessary information simply because the person is nervous.

It is important to listen carefully to each question, understand what is being asked and give an accurate answer.

Where a question may potentially expose you to criminal liability, the legal position should be considered carefully before answering.

If you are unsure whether your answers could place you at risk, obtaining advice from a criminal lawyer before the interview can help you understand the issues that should be considered.

Can a Lawyer Accompany You for a Section 112 Statement?

The Malaysian Bar's published guidance states that a person giving a Section 112 statement may request that a lawyer be present during questioning.

Whether a lawyer can attend in the particular circumstances should be considered in light of the applicable law and the situation at the police station.

Having legal advice before attending can also be useful even where the immediate issue is simply understanding the request, the person's role in the investigation and the nature of the questions that may arise.

The need for legal advice can be particularly important where the investigation concerns serious criminal allegations or where the answers could potentially expose the person to criminal liability.

What Should You Do Before Attending the Police Station?

Before attending, take reasonable steps to understand the request.

Where possible, identify:

• the name and rank of the investigating officer;
• the police station where you are asked to attend;
• the date and time of the interview;
• the general case or incident involved;
• whether the request is verbal, informal or contained in a written document;
• whether you are being asked to bring specific documents; and
• whether there is any possibility that you may be treated as a suspect rather than simply a witness.

Keep the original communication or written request safely available so that you can accurately explain it to your lawyer if legal advice is required.

Should You Take Notes With You?

It may be useful to keep personal notes of relevant dates, events and facts that you genuinely remember.

The Malaysian Bar recommends taking writing material and making personal notes during the process so that the person can later compare the questions and answers recorded by the police with their own notes.

Personal notes should be factual and should not be used to create an artificial version of events.

If you are uncertain about a detail, record that uncertainty rather than trying to reconstruct an answer simply because you think the police expect one.

What Happens During a Section 112 Statement?

The precise process can vary depending on the investigation and circumstances, but the police officer may ask questions about the facts and circumstances relevant to the case.

The statement may be recorded in writing.

Under Section 112, the police officer examining the person must first inform the person of the provisions concerning the obligation to answer questions and the obligation to state the truth.

The statement is then recorded and, when possible, taken down in writing.

Section 112 also provides that the statement should be read to the person in the language in which it was made, and the person should have an opportunity to make corrections before signing or affixing a thumbprint.

Why Should You Read the Statement Carefully Before Signing?

This is an extremely important practical step.

You should not assume that a written statement perfectly reflects what you intended to say simply because you answered the questions verbally.

Before signing, carefully review the wording and check whether:

• your name and personal details are correct;
• the dates and times are correct;
• names of people are correctly recorded;
• locations are accurate;
• the sequence of events is correct;
• important qualifications or explanations have been recorded accurately; and
• there are errors, omissions or wording that could give your answer a different meaning.

Section 112 expressly provides an opportunity for corrections before the statement is signed or a thumbprint is affixed.

Do not sign a statement simply because you are being asked to finish quickly. Read it carefully and raise any genuine correction that is required.

What If Something in the Statement Is Wrong?

If the written statement does not accurately reflect what you said, point out the relevant error and request the appropriate correction before signing.

Do not assume that a small mistake is unimportant. A person's statement may later become relevant to the investigation or subsequent proceedings, and differences between accounts can become significant.

If you are concerned that the document contains a material error or that your words have been misunderstood, obtaining legal advice before signing may be appropriate.

Can a Section 112 Statement Be Used in Court?

Statements taken during a police investigation raise specific questions under the Criminal Procedure Code and the law of evidence.

The legal treatment of a particular statement depends on the circumstances in which it was taken, the person who made it, the relevant statutory provisions and the issues arising in the later proceedings.

For that reason, it is not accurate to say that every Section 112 statement will automatically be used in court in the same way.

The Malaysian Bar's guidance nevertheless cautions that a Section 112 statement may become relevant in court proceedings. A person should therefore take the process seriously and should not assume that a statement is simply an informal conversation with no legal significance.

What Is the Difference Between a Section 112 and Section 113 Statement?

Section 112 and Section 113 should not be treated as interchangeable provisions.

Section 112 deals with the examination of persons by police during an investigation and the recording of statements in the circumstances covered by that section.

Section 113 deals with the evidential use of statements made to the police during a criminal investigation and contains its own rules and exceptions.

The Malaysian Bar also distinguishes between a Section 112 statement and a statement taken after a person has been arrested as a suspect.

The precise legal classification of a statement depends on the circumstances in which it was obtained. If you have been arrested, formally treated as a suspect or are being questioned about conduct that could expose you to criminal liability, legal advice should be considered before making assumptions about which statutory provision applies.

What If the Police Say You Are Only a Witness?

Being told that you are being interviewed as a witness does not necessarily mean there is no legal risk to you.

You may genuinely be a witness who has useful information. On the other hand, the investigation may develop as further evidence is obtained.

This is why it is important to understand the nature of the questions being asked and the circumstances surrounding the interview.

If questions begin to focus heavily on your own actions, transactions, communications, possession of property or relationship with the alleged offence, the situation may require closer legal consideration.

What If You Receive a Written Request to Attend?

A written document from the police should not be ignored simply because it is described as a request for a statement.

The Malaysian Bar explains that where cooperation with an informal request does not occur, the police may in appropriate circumstances issue a formal written order requiring the person to cooperate.

If you receive a written order, notice or other formal communication, keep the document and obtain advice on what it requires and what the legal consequences of non-compliance may be.

Do not assume that a document is optional simply because the word “statement” appears in it.

What If You Are Asked Questions That Could Incriminate You?

This is where the distinction between general information and self-incriminating questions becomes particularly important.

Section 112 provides that a person may refuse to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.

However, deciding whether a particular question falls within that protection can depend on the wording of the question and the surrounding circumstances.

If you believe that your answers may expose you to criminal liability, it is prudent to obtain legal advice rather than make a decision based only on a general internet article.

What Should You Avoid During Police Questioning?

There are several practical mistakes that can create unnecessary problems.

Do not guess

If you do not remember a date, time, name or sequence of events, do not invent an answer merely to avoid saying that you cannot remember.

Do not knowingly provide false information

Section 112 expressly requires a person making a statement under the section to state the truth.

Do not sign without reading

Use the opportunity provided by the law to read the statement carefully and identify genuine corrections before signing.

Do not assume every question is harmless

A seemingly simple question can become significant depending on the wider investigation.

Do not destroy or alter relevant material

Do not delete, alter or conceal potentially relevant records, messages or documents simply because you have been contacted by the police. Any decision concerning evidence should be handled carefully and lawfully.

When Should You Speak to a Criminal Lawyer?

You do not necessarily need a lawyer for every routine police interaction. However, legal advice can be particularly important where:

• the police are investigating you personally;
• the allegation concerns a serious criminal offence;
• you have received a formal written order or notice;
• questions could potentially expose you to criminal liability;
• you have already been arrested or detained;
• you are being questioned about documents, transactions or conduct that could implicate you;
• you are unsure whether you are a witness or suspect; or
• you have an urgent interview, remand hearing or court date.

Obtaining advice before the interview can allow the circumstances to be assessed before important answers are given.

NFALAW's published criminal-law practice includes investigation-stage matters, including situations involving requests for information or statements, as well as arrest, remand, charges, trials and appeals.

View NFALAW's criminal law practice areas.

What If the Statement Is Related to an MACC Investigation?

A request to provide information or a statement may also arise in an investigation by the Malaysian Anti-Corruption Commission.

In an MACC matter, the nature of the request, the statutory powers being used, the documents requested, the person's role and the investigation stage can all be important.

If you have been contacted by MACC and are unsure how to respond, the firm's dedicated MACC and corruption practice page provides more information about investigation-stage matters.

Learn more about MACC and corruption matters handled by NFALAW.

What If You Are Already Under Criminal Investigation?

If you know that an investigation is already underway, do not assume that a request for a statement is an isolated event.

The police may be considering multiple sources of evidence, including statements from different people, documents, communications, physical evidence or other investigative material.

Your position can also change as the investigation develops.

For that reason, it is useful to keep track of the authority involved, the investigating officer, dates, documents received and the substance of any formal request.

Where the matter concerns a serious allegation, an early review by a criminal lawyer may help you understand the procedural position and the issues that should be considered before responding.

Why Early Legal Advice Can Matter

One of the main advantages of obtaining legal advice early is that you can understand the situation before an important investigative step takes place.

A lawyer may need to consider:

• the nature of the allegation;
• your role in the investigation;
• whether you are a witness or potential suspect;
• the wording of any request or order received;
• whether any question could expose you to criminal liability;
• whether urgent deadlines apply; and
• whether the matter may progress to arrest, remand or criminal charges.

These issues cannot be determined from the phrase “Section 112 statement” alone.

Section 112 Statement: A Simple Summary

If the police ask you to give a statement in Malaysia, the following principles are useful to understand:

1. Understand why you are being contacted. Ask which investigation the request relates to and whether you are being treated as a witness or suspect.
2. Establish whether the request is informal or formal. Keep any written notice or order you receive.
3. Know the Section 112 framework. The provision allows police to examine people who may have knowledge of the facts and circumstances of an investigation.
4. Answer truthfully. Section 112 requires a person making a statement under it to state the truth.
5. Understand the protection against self-incrimination. Section 112 provides that a person may refuse to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture.
6. Consider legal advice. This may be especially important where the questions could expose you to criminal liability.
7. Read the statement carefully. Make genuine corrections before signing or affixing your thumbprint.
8. Keep your own records. Note the date, time, location and relevant details of the interview.

Frequently Asked Questions

What is a Section 112 statement in Malaysia?

A Section 112 statement is a statement taken by the police during a criminal investigation from a person believed to be acquainted with the facts and circumstances of the case, under Section 112 of the Criminal Procedure Code.

Can the police ask a witness to give a Section 112 statement?

Yes. Section 112 allows police to examine a person who is believed to have knowledge of the facts and circumstances of the investigation. A person providing information is not necessarily the accused.

Do I have to attend the police station for a Section 112 statement?

The answer depends on the circumstances and how the police request has been made. The Malaysian Bar distinguishes between an informal request and a formal written order. If you receive a formal notice or order, obtain advice on what it requires and the consequences of not complying.

Can I refuse to answer a Section 112 question?

Section 112 provides that a person may refuse to answer a question where the answer would tend to expose that person to a criminal charge, penalty or forfeiture. Whether that protection applies to a particular question depends on the circumstances.

Do I have to tell the truth in a Section 112 statement?

Yes. Section 112 expressly provides that a person making a statement under the section is legally bound to state the truth.

Can I have a lawyer when giving a Section 112 statement?

The Malaysian Bar's guidance states that a person giving a Section 112 statement may request that a lawyer be present during questioning. The circumstances of the interview and applicable legal rules should be considered in each case.

Should I sign my Section 112 statement immediately?

You should read the statement carefully before signing. Section 112 provides an opportunity for the person making the statement to have it read to them and to make corrections before signing or affixing a thumbprint.

What if I do not understand a question?

Ask for the question to be clarified before answering. You should not guess at the meaning of a question or provide an answer simply because you feel pressured to respond quickly.

What if the police say I am only a witness?

You may genuinely be a witness, but the significance of the questions depends on the investigation. If the questions begin to concern your own conduct or could potentially expose you to criminal liability, legal advice may be appropriate.

Is a Section 112 statement automatically evidence against me in court?

The evidential treatment of police statements depends on the applicable statutory provisions and the circumstances in which the statement was obtained. It is not accurate to assume that every Section 112 statement is treated identically in every court proceeding.

Need Advice Before Giving a Police Statement?

If the Malaysian police have asked you to give a statement and you are unsure about your position, the questions you may be asked, a formal notice you have received or whether your answers could expose you to criminal liability, obtaining legal advice before the interview may be appropriate.

NFALAW handles criminal investigation and defence matters in Malaysia, including investigation-stage enquiries, arrest, remand, charges and related criminal proceedings, subject to the facts, conflicts, availability and formal instructions.

When making an initial enquiry, it can be helpful to provide the name of the investigating authority, police station, general allegation, date of the requested interview and any formal notice or document received.

Contact NFALAW for a criminal law enquiry

Important Legal Disclaimer

This article provides general information about Section 112 statements and police questioning in Malaysia. It is not legal advice and does not create a lawyer-client relationship.

The application of the law depends on the facts, the person's status, the offence being investigated, the investigating authority, the wording of any notice or request and the procedural stage of the matter.

Criminal laws and procedures may change. Where you have received a police request, written order, notice, summons or interview date, obtain appropriate legal advice on your specific circumstances rather than relying solely on general information published online.

Last reviewed: September 2026

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