What if my police statement is different from my evidence in court?

Many criminal trials take place long after the police recorded witness statements. When a witness's evidence in court does not match what they told the police, it can become a significant issue. This guide explains how Malaysian law deals with that, and what a witness should do. It is general information and court familiarisation; your duty is to tell the truth.

What is a section 112 police statement?

Under section 112 of the Criminal Procedure Code (CPC), a police officer investigating a case may examine anyone believed to know the facts and must reduce the statement into writing. The person must answer questions truthfully, except that they may refuse to answer questions that would tend to expose them to a criminal charge, penalty or forfeiture. The statement should be read back in the language used, corrected if needed, and signed. See our guide on police statements under section 112.

Can my police statement be used in court?

Generally, statements recorded under section 112 are not admissible as evidence of the facts in them, subject to exceptions in section 113 of the CPC. One important exception: when a witness (other than the accused) is called, the court may, on request, refer to that witness's police statement and, if it thinks fit in the interest of justice, direct that the accused be given a copy, and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950.

How does impeachment work?

The Evidence Act provides the framework:

• Section 145: a witness may be cross-examined about previous written statements; before the writing is used to contradict, the witness's attention must be drawn to the relevant parts.
• Section 155(c): a witness's credit may be impeached by proof of former statements inconsistent with their evidence.

In practice, if there is a material difference, the relevant part of the statement is put to the witness, who is given an opportunity to explain the discrepancy. The statement may need to be proved, for example through the recording officer. The court then assesses the witness's credit in light of all the evidence. The Judiciary's Criminal Benchbook notes that irrelevant errors in detail and mere omissions should not be over-emphasised as a basis for impeachment.

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What counts as a material difference?

• Minor: small differences in times, the order of events or wording; leaving out a detail you were not asked about.
• Material: contradictions on central facts, such as who did something, whether you saw it, or what was said.

Only material inconsistencies usually justify impeachment. Even then, an honest, sensible explanation can preserve credibility.

What should I do as a witness?

1. Ask whether you may read your statement before trial. Ask the prosecutor or the lawyer who called you; access is not automatic.
2. If something in it is wrong, say so early, before you give evidence.
3. In court, if shown the statement, read the relevant part carefully.
4. Explain honestly why your evidence differs: for example, the statement was recorded in a language you do not read well, it was not read back to you, you were in shock, or you have since remembered more clearly.
5. Never change true evidence just to match the statement.

What are the risks?

If your credit is impeached, the court may give your evidence less weight or reject part of it. Deliberately giving false evidence, either to the police or in court, can be an offence under the Penal Code. An honest mistake is not false evidence.

Common mistakes

• Not reading the statement when given the opportunity.
• Denying clearly recorded content instead of explaining it.
• Inventing an explanation in court.
• Assuming any difference means you are in trouble.
• Talking to other witnesses to make stories match.

When to speak to a lawyer

If you are an accused person, your defence lawyer will advise on how prosecution witnesses' statements may be used. If you are a witness worried that your police statement or evidence could expose you to liability, get independent advice before trial. Contact us; every case depends on its facts.

Frequently asked questions

Will I be charged if my evidence differs from my statement?

Not for an honest difference. Deliberately false statements or evidence can be an offence.

Can the defence see my police statement?

The court may, in the interest of justice, direct that the accused be given a copy for impeachment purposes under section 113.

What if the police wrote it wrongly?

Say so in court and explain, for example that it was not read back or was recorded in another language.

Is my statement the same as my evidence-in-chief?

No. In criminal trials, evidence-in-chief is generally given orally in court.

Can the prosecutor impeach their own witness?

Under section 155, a party may impeach its own witness's credit with the court's consent.

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. Criminal Procedure Code (Act 593), including sections 112, 173 and 257, AGC Laws of Malaysia
2. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
3. Malaysian Judiciary, Criminal Benchbook (impeachment of credit, sections 145 and 155(c) Evidence Act 1950)
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026