What happens if a witness lies in court (perjury) in Malaysia?

Every witness in a Malaysian court promises to tell the truth, by oath or affirmation. Most witnesses keep that promise without difficulty. But people do sometimes wonder what happens if a witness lies, or worry that a mistake on their part might be treated as a lie. This article explains the difference.

What is perjury under Malaysian law?

"Perjury" is the everyday word. The Penal Code (Act 574) uses the language of false evidence:

• Giving false evidence (s.191): a person legally bound to state the truth, for example on oath, makes a statement that is false and that they know or believe to be false, or do not believe to be true.
• Fabricating false evidence (s.192): creating a false document, entry or circumstance intending it to be used in proceedings so as to mislead.
• Punishment (s.193): intentionally giving or fabricating false evidence in a judicial proceeding is a serious offence that can lead to imprisonment and a fine.

The key element is knowledge. The offence is about saying what you know or believe is untrue, not about being wrong.

Is an honest mistake perjury?

No. Memory is imperfect. Witnesses mix up dates, misremember details, or agree with a question they misunderstood. That is not false evidence under s.191, because the witness believed what they said.

In the same way, "I don't remember" is a proper answer when it is true. It becomes a problem only if the witness actually remembers and uses it to avoid the truth.

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What counts as false evidence in practice?

Examples that may raise concern include:

• describing events you did not see as if you saw them;
• denying a document you signed, knowing you signed it;
• creating, backdating or altering documents, messages or records for a case;
• giving an account agreed with others instead of your own memory.

Fabricating evidence is treated as seriously as lying on oath. Never alter a screenshot, a medical note, a receipt or an email. See our article on WhatsApp screenshots and emails as evidence.

What else happens when a witness lies?

Apart from possible prosecution, false evidence usually harms the case itself:

• the court may reject the witness's evidence entirely, including the truthful parts;
• cross-examination is designed to test accounts, and inconsistencies with documents often surface;
• the party relying on that witness may lose credibility on other issues;
• costs and other consequences can follow.

In short, a lie rarely helps and often does lasting damage.

What if I realise I said something wrong?

1. Do not panic, and do not try to fix it by changing other answers.
2. Tell the court if you are still in the witness box: "May I correct an earlier answer?"
3. If you have finished, tell your lawyer promptly. Do not discuss your evidence with other witnesses (see our article on discussing the case during evidence).

Promptly correcting an honest error is what a careful witness does, and courts generally understand this.

How should I prepare so I give truthful evidence?

• Re-read your own statements and documents to refresh your memory.
• Separate what you saw from what you were told.
• Ask your lawyer to explain the process, not to tell you what to say.
• Refuse any request to "remember" something you do not remember.

Legitimate preparation is familiarisation. Coaching a witness on what to say, or fabricating evidence, is improper and may itself be an offence.

Common mistakes

• Guessing to sound helpful instead of saying you don't know.
• Defending a statement you now realise was wrong.
• Tidying up documents before disclosing them.
• Copying another witness's account.
• Assuming small lies don't matter. They can undermine your whole evidence.

When to speak to a lawyer

Speak to a lawyer if you are worried that something you said in a statement or in court was wrong, if someone is pressuring you to give a particular account, or if you have been accused of giving false evidence. Chris & Partners, led by Dr Chee Hui Bing, handles civil and criminal litigation. Contact us; every case depends on its facts.

Frequently asked questions

Is lying in a police statement the same as perjury?

Not exactly. Different Penal Code provisions may apply, but false statements to the police can also have serious consequences.

Can a witness be arrested in court for lying?

Prosecution for false evidence is a separate decision, made after investigation. The court can also take other steps in the proceedings.

What if the other side's witness is lying?

Tell your lawyer what you know and what documents contradict them. Cross-examination is the usual way to test it.

Is exaggerating the same as lying?

Deliberately overstating facts you know to be different can be false evidence. Describe events as they happened.

Can I refuse to answer instead of lying?

Some questions can be refused on legal grounds such as privilege; see our article on questions a witness can refuse. Otherwise, answer truthfully.

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. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
2. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
3. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026