C A U T I O N E D S T A T E M E N T S : A L E G A L S T U D Y U N D E R
S E C T I O N 1 1 3 C R I M I N A L P R O C E D U R E C O D E
by
3 0 H A R O T H M A N
A P r o j e c t P a p e r S u b m i t t e d In
P a r t i a l F u l f i l l m e n t Of T h e R e q u i r e m e n t s F o r T h e D i p l o m a In L A W
S c h o o l O f L A W
M A R A I n s t i t u t e o f T e c h n o l o g y S H A H A L A M
1 9 8 6 / 8 7
ABSTRACT
Statement given by an accused person during police investigation has raised a lot of questions among the public and the legal p r o f f e s s i o n . A person giving a statement has to be cautioned either before or after the giving of the s t a t e m e n t . I f the caution is not administered then the statement would be inadmissible under S 113 of Criminal Procedure Code.
Even if the statement given is cautioned it would still be inadmissible if it was made involuntarily or the requirements in making the statement were not f u l f i l l e d . If the prosecution alleged that it was voluntarily how must he prove it? Can a trial-within-a-trial be held to determine
the voluntariness of that cautioned statements?
If the cautioned statements is admissible who may use it? Whether the prosecution alone may use it or is it the accused also has the right to it.
This project paper is concerned on the cautioned statement under S 113 of Criminal Procedure Code because most cases involving cautioned statements are criminal cases under Criminal Procedure Code. The writer will make a study of the cauti o n e d statements under Criminal Procedure Code and try to comment in every possible aspects.
ACKNOWLEDGEMENTS
The writer wishes to thank
- His s u p e r v i s o r , Mr. Valentine Manuel for his guidance.
Miss Norrita for typing this project paper.
All those who consented to be interviewed and kindly gave their time and thought.
All his friends - Stone, Shake, Jam, Rod, Pak Engku, Agis Nuar and Nash. With such good friends, its a pleasure to do this project papgr.
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PAGE
ABSTRACT iii
ACKNOWLEDEMENTS iv
TABLES OF CONTENTS v
LIST STATUTES vii
LIST OF CASES viii - ix
LIST OF ABBREVIATIONS x
CHAPTER I : INTRODUCTION l
A. Scope Of Study 1
B. Purpose Of Study 3
C. Methodology 4
D. Limitation ' 5
CHAPTER II : CAUTIONED STATEMENTS 6
A. Definition 6
B. The Old S 113 of CPC 9
C. A Cautioned Statement And A
Confession Distinguished 11
D. Nature And Important Of
Cautioned Statements 14
CHAPTER III : PROCEDURES AND CONDITIONS OF CAUTIONED
STATEMENTS 23
A. Procedures In Recording Cautioned
Statements 23
B. Conditions In Recording Cautioned
Statements 29
CHAPTER IV : ADMISSIBILITY AND USE OF CAUTIONED
STATEMENTS 40
A. Trial Within A Trial 40
B. Use By The Prosecution To Prove
His Case 45
C. Used By The Prosecution To Impeach
The Credit Of The Maker 47
D. Use By The Maker To Prove Its Case 49 T A B L E O F C O N T E N T S
C A U T I O N E D S T A T E M E N T S : A L E G A L S T U D Y O N S 1 1 3 C . P . C .
C H A P T E R I
I N T R O D U C T I O N
S c o p e o f S t u d y
This project paper will discuss the law relating to Cautioned Statements under Section 113 of the Criminal Procedure Code. Although there were various Act such as Kidnapping Act 1950, Internal Security Act 1960 and Official Secret Act 197? which deal with Cautioned Statements, this paper will stress on the Section 113 of Criminal Procedure Code alone. This is because most of the cases brought to trial courts deal with Cautioned Statement under Section 113 of the Criminal Procedure Code and thus it is felt that a legal study is needed to discuss on that point.
The discussion in this paper is concentrated on the current position of the law in Malaysia. The cases mentioned were mostly Malaysian cases with certain cases from England, Singapore and India to give a better view ani explanation in discussing the relevant points.
This paper will discuss the old Section 113 of the Criminal Procedure Code before it was amended. This is to differentiate the old section with the new section and it effects as it is today.
