Can I simply say 'I don't remember' or 'I don't know' when that is true?

Many witnesses feel they must have an answer for every question. They worry that "I don't remember" will sound evasive. In fact, when it is true, it is one of the most important answers a witness can give. This guide explains when it is proper, and why it must never be used to dodge a question.

Is "I don't remember" an acceptable answer?

Yes, when it is true. A witness swears or affirms to tell the truth. If you do not remember something, the truthful answer is that you do not remember. Courts understand that memory fades, especially when trials happen years after the events.

What courts do not accept is a witness who pretends not to remember to avoid an uncomfortable question. That is dishonest. Under the Penal Code, giving false evidence includes making a statement you know or believe to be false, and that can include falsely claiming not to remember. Judges also notice "selective memory": clear recall of helpful details, and none of unhelpful ones.

What is the difference between "I don't know" and "I don't remember"?

• "I don't know" means you never had the information. Example: "Do you know how much the defendant paid for the car?" "I don't know."
• "I don't remember" means you once knew or saw it, but cannot now recall. Example: "What time did you leave the office that day?" "I don't remember exactly."

Use the one that is accurate. If you remember approximately, say that: "I think it was around 6 p.m., but I am not certain."

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Why is guessing worse?

A guess that turns out to be wrong can be shown to be wrong with a document or another witness. It can then be used to suggest that your other evidence is unreliable. An honest "I'm not sure" protects the rest of your evidence. Under section 155 of the Evidence Act 1950, the other side may also use earlier inconsistent statements to challenge your credit, so a careless guess that conflicts with your statement can cause problems.

Can a document help me remember?

Possibly. Section 159 of the Evidence Act 1950 allows a witness, while being examined, to refresh their memory from a writing made at the time of the events or soon afterwards (for example, your own diary note or email). You may say: "I don't remember, but my diary entry from that day may help." The lawyers and the court decide whether you may look at it, and section 161 gives the other side the right to see it.

How should I answer in practice?

1. Think before answering. Take a moment; do not say "I don't remember" reflexively.
2. Give what you do remember: "I remember the meeting, but not who arrived first."
3. Be precise about uncertainty: "about", "I think", "I'm not sure".
4. Don't change your answer under pressure unless your memory genuinely changes; if it does, explain why.
5. Be consistent: if you said you do not remember something, do not later describe it in detail without explanation.

What should I prepare?

• Re-read your own statement and documents before trial; see which documents to re-read.
• Note areas where your memory is weak, and tell the lawyer, so your statement does not claim more certainty than you have.

Common mistakes

• Guessing to appear helpful.
• Saying "I don't remember" to avoid an embarrassing truth.
• Overusing it, even for things you clearly recall.
• Claiming certainty in your statement that you do not have.
• Recovering a detailed memory suddenly after being shown the other side's document, without explaining.

When to speak to a lawyer

If you realise your witness statement claims more certainty than you have, tell the lawyer before trial so it can be corrected. If you are a witness worried about how your answers may affect you, seek independent advice. Contact us; every case depends on its facts.

Frequently asked questions

Will the judge think I am hiding something?

Not if it is genuine and consistent. Judges expect honest gaps in memory.

Can I say "I don't remember" to every question I'm unsure about?

Only where it is true. If you partly remember, say what you remember.

What if I remember later in the hearing?

Tell the court: "I now remember something about an earlier question." Honesty about the timing matters.

Can my lawyer tell me to say "I don't remember"?

No. No one may tell you to give an untrue answer.

Is "I can't recall" the same as "I don't remember"?

Yes, in practice. Use plain words you are comfortable with.

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 Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026