What should I do if I receive a police summons or am asked to give a statement (s.112)?

Many people receive a phone call or a written notice asking them to come to the police station "to give a statement". It may be about a car accident, a business dispute, an online post or a serious offence. Whatever the reason, a statement can become important evidence, so it is worth preparing.

What are sections 111 and 112 of the CPC?

• Section 111 lets a police officer investigating an offence require, by written order, the attendance of any person who appears to be acquainted with the facts of the case.
• Section 112 lets the officer examine that person orally and record what they say. The person must answer truthfully, but is not bound to answer questions that would have a tendency to expose them to a criminal charge, penalty or forfeiture.
• The statement is recorded in writing, read back to the person, corrected if necessary, and signed.

Ignoring a lawful written order to attend can have legal consequences, so do not simply stay away. If the date is impossible, contact the investigating officer and agree another date.

Am I a witness or a suspect?

Ask the officer politely. It matters:

• Witness: you are giving information about what you saw or know. You still have the protection against self-incrimination.
• Suspect: you may be at risk of arrest or charge. Get legal advice before attending.

Your status can change during an investigation, so take care even if you are told you are "only a witness".

Have a question about your own situation? Ask on WhatsApp

How should I prepare?

1. Get the details: the investigation paper or report number, the officer's name, the station and the offence being investigated.
2. Speak to a lawyer before attending, especially if you might be a suspect.
3. Gather documents that are relevant and that your lawyer agrees you should bring, such as contracts, messages or receipts.
4. Write a private timeline for your lawyer to refresh your memory of dates and events.
5. Bring your identity card and arrive on time.

Can my lawyer come with me?

You can ask for your lawyer to accompany you. Whether a lawyer may sit in during the recording of a witness statement is generally at the police's discretion. Even if your lawyer cannot sit in, they can advise you beforehand and be available afterwards. If you are arrested, you have a right to consult a lawyer under section 28A CPC (see rights on arrest).

During the statement

• Answer truthfully and only what you know. Do not guess; say "I do not remember" or "I do not know" where that is true.
• You may decline to answer questions that would tend to incriminate you. Say so calmly.
• Ask for breaks if you need them.
• Read the whole statement before signing. Ask for corrections to anything inaccurate or incomplete. Do not sign pages you have not read.
• Note the time you arrived and left.

Common mistakes: attending without knowing whether you are a suspect, volunteering speculation, signing without reading, deleting messages before the interview (which can be a separate offence), and discussing your statement with other witnesses.

When to speak to a lawyer

Before attending, if there is any chance you are a suspect, or if the matter involves your business, employment or a serious allegation. You can contact us; every case depends on its facts.

Frequently asked questions

Can I refuse to attend?

Do not ignore a written order to attend. If the time is unsuitable, arrange another date with the officer. Get advice if you are worried.

Can I give a written statement instead?

The police record the statement themselves under section 112. Your lawyer may also be able to send a letter on your behalf setting out your position, after advising you.

Will I get a copy of my statement?

Practice varies. Ask the officer, and make your own notes immediately afterwards.

Can I be arrested at the station?

It is possible if the police have grounds. That is one reason to get advice before attending if you might be a suspect.

Can my statement be used against me?

A statement may be used in later proceedings in ways the law allows. Treat it as evidence and be accurate.

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), Attorney General's Chambers Laws of Malaysia
2. Federal Constitution, Article 5 (liberty of the person), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026