How do Malaysian courts protect a child who has to give evidence?

When a child has to give evidence, for example as the alleged victim of abuse or as a witness to violence at home, parents naturally worry about the effect on the child. Malaysian law has specific protections for child witnesses. This article explains them neutrally, so families know what to expect. It is not guidance on what a child should say; a child's evidence must be the child's own.

If a child is in danger, call 999. Talian Kasih 15999 provides support, and the Department of Social Welfare (JKM) has child protection responsibilities.

Who counts as a child witness?

The Evidence of Child Witness Act 2007 applies to a child witness. Following amendments in 2023, this means a person under 18 who is called or proposed to be called to give evidence in any proceedings. The definition was later amended again, so the current text on the official Laws of Malaysia portal should be checked for the precise scope in your case.

What special measures are available?

Under the Act, a child witness may give evidence in one or a combination of the following ways, as the court directs:

1. Screen. A screen or other arrangement prevents the child from seeing, and being seen by, the accused while giving evidence in court.
2. Live link. The child gives evidence from another room, seeing and hearing the court by video. That room is treated as part of the courtroom.
3. Video recording. A video recording of an interview between a police officer and the child can be admitted as the child's evidence-in-chief, so the child does not have to tell the whole story again in court. The child may still be cross-examined.
4. Special hearing. Introduced by amendment, this allows the child's examination-in-chief, cross-examination and re-examination to be pre-recorded, and limits recalling the child afterwards.

Usually the prosecution asks for these measures. The court decides what is appropriate.

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Can a young child give evidence?

Yes. Recent amendments provide that all child witnesses are presumed competent to give evidence. Under the amended Act, a child aged 12 or above who understands the nature of an oath gives evidence on oath. A younger child, or one who does not understand an oath, may give evidence without an oath, after the court tells the child of the duty to tell the truth and the child promises to do so.

The court still decides how much weight to give the evidence, considering all the circumstances.

Which laws protect children in sexual offence cases?

The Sexual Offences against Children Act 2017 creates specific offences against children, including grooming and child sexual abuse material. Cases under it are often heard with the child-witness protections above. The Child Act 2001 contains further protections, including restrictions on reporting that identifies children in certain proceedings. If your child is the accused, rather than a witness, see our article on teenagers arrested under the Child Act.

What is the parents' role?

Parents can help most by:

• reassuring the child that the only job is to tell the truth, and that "I don't know" or "I don't remember" are acceptable answers;
• not discussing the details of the evidence with the child, and not asking the child to repeat the story;
• keeping appointments with the police, the deputy public prosecutor and welfare officers;
• asking early what measures will be requested, and how the child will be prepared to see the room or live-link facility;
• looking after the child's wellbeing, including counselling where offered.

Parents who are themselves witnesses may be asked to stay out of the room while the child gives evidence.

What should I prepare?

• The trial date, court and contact person from the deputy public prosecutor or investigating officer.
• Time off and transport, and something calming for the child to do while waiting.
• Any medical or school information that affects how long the child can concentrate; tell the prosecutor early.
• Support for yourself, too; hearing a child's account can be distressing.

Common mistakes

• Rehearsing the child's story, even with good intentions. This can make the evidence look coached and harm the child.
• Promising outcomes, such as "the bad person will go to jail".
• Posting about the case online, which may identify the child.
• Bringing the child into contact with the accused or the accused's family at court.
• Waiting until the trial date to ask about protective measures.

When to speak to a lawyer

The deputy public prosecutor conducts the case, but does not act as your family's lawyer. If you want advice on protecting your child's privacy, on related family proceedings, or on a civil claim, speak to a lawyer. Chris & Partners, led by Dr Chee Hui Bing, handles litigation involving children and families. Contact us; every case depends on its facts.

Frequently asked questions

Will my child have to see the accused?

Not necessarily. The court can allow a screen, a live link, a video recording or a special hearing.

Will my child be cross-examined?

The defence is generally entitled to test the evidence, but protective measures and the judge's control of questioning apply.

Can I sit next to my child?

It depends on the court's directions and whether you are also a witness. A support person may be allowed in some cases.

What if my child cannot remember?

That is acceptable. The child should simply say so.

Is the child's name made public?

The law restricts publishing information that identifies children in certain proceedings. Raise any concern with the prosecutor.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence of Child Witness Act 2007 (Act 676), AGC Laws of Malaysia
2. Sexual Offences against Children Act 2017 (Act 792), AGC Laws of Malaysia
3. Child Act 2001 (Act 611), AGC Laws of Malaysia
4. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
5. Government of Malaysia portal, Talian Kasih 15999 (KPWKM / JKM)
6. Department of Social Welfare Malaysia (Jabatan Kebajikan Masyarakat)

Fact-checked on 17 Oct 2026