What is contempt of court, and can a witness be punished for it?

"Contempt of court" sounds alarming, and witnesses sometimes worry that a nervous answer or a mistake could land them in trouble. In practice, contempt is about conduct that interferes with justice, not about honest witnesses who find giving evidence difficult.

What is contempt of court in Malaysia?

Contempt of court broadly covers conduct that obstructs or undermines the administration of justice. The courts' power to punish it comes from:

• Article 126 of the Federal Constitution, which gives the Federal Court, Court of Appeal and High Court power to punish any contempt of itself;
• section 13 of the Courts of Judicature Act 1964, on the High Court's power to punish contempt;
• the Subordinate Courts Act 1948, which gives the Sessions and Magistrates' Courts powers to deal with contempt in their proceedings.

In civil cases, the Rules of Court 2012, Order 52, sets out how committal applications are brought.

Note: you may read online about an "Administration of Justice (Protection) Act 2016". That is a Singapore statute and does not apply in Malaysia.

What kinds of conduct can be contempt?

Examples commonly discussed include:

• disrupting a hearing: shouting, insulting the judge, refusing to stop when asked;
• disobeying a court order, such as an injunction or an order to produce documents;
• interfering with witnesses: threatening, bribing or pressuring someone about their evidence;
• publishing material that risks prejudicing a pending case or scandalises the court;
• refusing, without lawful excuse, to be sworn or to answer a proper question.

Whether particular conduct is contempt depends on the facts and the law; this list is not exhaustive.

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Can a witness be punished for contempt?

Yes, in principle, if the witness's conduct amounts to contempt. But it is important to keep this in proportion:

• Nervousness is not contempt. Crying, pausing or asking for a break is normal.
• "I don't know" or "I don't remember" is not contempt when it is true.
• Asking for a question to be repeated or explained is proper.
• Objecting on a legal ground, for example privilege, is a matter for the court to decide; see our article on questions a witness can refuse.

Deliberately lying on oath is dealt with as false evidence under the Penal Code; see our article on perjury.

What happens if contempt is alleged?

The procedure depends on the court and the type of contempt. Generally:

1. For conduct in the face of the court, the judge may warn the person, ask for an explanation, and in serious cases deal with it.
2. For contempt outside the court, such as disobeying an order, an application for committal is usually filed, with the alleged facts set out and the person given an opportunity to respond.
3. The court decides whether contempt is proved and, if so, what order to make.

A person facing a contempt allegation should get legal advice quickly.

How can a witness avoid any problem?

• Attend when required, on time, or tell the court through the lawyer if you cannot.
• Follow directions from the judge, including on breaks and on not discussing evidence (see our article on discussing the case during evidence).
• Stay calm and polite, even if a question feels unfair.
• Do not post about the case or other witnesses on social media.
• Do not contact other witnesses about their evidence.
• In a remote hearing, follow the court's rules about who may be in the room; see our article on giving evidence by video link.

Common mistakes

• Arguing with the judge instead of answering.
• Recording proceedings on a phone without permission.
• Messaging other witnesses during a break.
• Ignoring an order because you disagree with it, instead of applying to set it aside or appeal.
• Commenting online about a case still being heard.

When to speak to a lawyer

Speak to a lawyer immediately if you are accused of contempt, if someone is pressuring you about your evidence, or if the other side is not complying with a court order. Chris & Partners, led by Dr Chee Hui Bing, handles civil and criminal litigation. Contact us; every case depends on its facts.

Frequently asked questions

Can I be jailed for contempt?

The courts have power to punish contempt, and the order made depends on the seriousness of the conduct and the circumstances. Take advice if this is a concern.

Is criticising a judgment contempt?

Fair, reasoned criticism is different from scandalising the court or prejudicing a pending case. Be careful, especially while a case is ongoing.

What if someone threatens me about my evidence?

Tell the lawyer who called you, or the prosecutor, and consider making a police report. Do not change your evidence.

Can I refuse to answer a question I find embarrassing?

Embarrassment alone is usually not a legal reason. Ask the judge if you are unsure; the court can disallow improper questions.

Does contempt apply to video hearings?

Yes. Court rules and directions apply in the same way during remote hearings.

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. Federal Constitution, Article 5 (liberty of the person), AGC Laws of Malaysia
2. Courts of Judicature Act 1964 (Act 91), AGC Laws of Malaysia
3. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
4. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93

Fact-checked on 17 Oct 2026