Which questions can a witness refuse to answer in a Malaysian court?

Witnesses sometimes ask: "Do I have to answer that?" Usually the answer is yes. A witness in a Malaysian court is expected to answer relevant questions truthfully. But the Evidence Act 1950 recognises some situations where a question need not, or must not, be answered, and gives the court power to stop improper questions.

Can a witness refuse to answer a question that might incriminate them?

Not simply on that ground. Section 132 of the Evidence Act provides that a witness is not excused from answering a relevant question on the ground that the answer may incriminate them or expose them to a penalty. However, the answer is protected: it generally cannot be used against the witness in a later criminal proceeding, except a prosecution for giving false evidence by that answer. The court is expected to explain this protection to the witness.

This is different from the position of an accused person in a criminal trial, who has particular rights about whether to give evidence at all. If you are an accused, take advice from your lawyer.

What is legal professional privilege?

Communications between a client and their advocate and solicitor, made for the purpose of legal advice, are generally protected:

• section 126 prevents a lawyer from disclosing such communications without the client's consent;
• section 129 provides that a person cannot be compelled to disclose confidential communications with their legal adviser, unless they offer themselves as a witness on it and the court considers disclosure necessary to explain their evidence.

There are exceptions, for example communications made in furtherance of an illegal purpose. So you can usually decline to reveal what you told your lawyer, but not facts you know independently.

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What about communications between husband and wife?

Section 122 provides that a person who is or has been married is not compelled to disclose communications made to them during the marriage by their spouse, and is not permitted to disclose them without the spouse's consent, subject to exceptions, for example in proceedings between the spouses or certain criminal cases. The protection covers communications, not what the witness saw or did.

Are there other privileges?

The Evidence Act also deals with, among others:

• affairs of State and official communications (ss.123 and 124), where public officers may object to disclosure;
• information about offences given to officers (s.125);
• judges and magistrates about their conduct in court (s.121).

There is no general doctor–patient privilege in the Evidence Act. Doctors owe confidentiality, but a court can require relevant medical evidence. Doctors unsure about this should raise it with the court or their lawyer; see our article on medical confidentiality.

Can the court stop improper questions?

Yes. The court controls questioning. Under the Evidence Act, the court:

• decides when a witness must answer questions affecting credit only (s.148);
• may forbid indecent or scandalous questions unless they relate to facts in issue (s.151);
• shall forbid questions intended to insult or annoy, or needlessly offensive in form (s.152).

In prosecutions for rape and certain related offences, section 146A restricts evidence and questions about the complainant's sexual activity with persons other than the accused, except in limited situations allowed by the court. See our article for sexual offence complainants.

How do I raise an objection?

1. Pause before answering a question you think may be privileged.
2. Say politely: "Yang Arif, may I ask whether I must answer this question?"
3. Let the lawyers and judge deal with it. The lawyer who called you may object.
4. Follow the judge's ruling. If told to answer, answer truthfully.

Refusing to answer without a lawful reason after the court has ruled can lead to serious consequences; see our article on contempt of court. And never give a false answer to avoid a difficult question; see our article on perjury.

Common mistakes

• Refusing to answer because a question is embarrassing, without asking the court.
• Assuming confidentiality (for example with a doctor, accountant or friend) is the same as privilege.
• Revealing privileged advice unnecessarily, which may waive privilege.
• Lying instead of objecting.
• Arguing with the lawyer instead of addressing the judge.

When to speak to a lawyer

Speak to a lawyer before giving evidence if you expect questions about legal advice, your marriage, official matters or conduct that could expose you to criminal liability. 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 refuse to say what my lawyer advised me?

Generally yes, subject to exceptions. Facts you know independently are not privileged.

Can my spouse be forced to testify against me?

Spouses may be witnesses, but communications during marriage are protected in many situations under s.122. The rules differ by case type; take advice.

Can I refuse to answer personal questions?

Not merely because they are personal. If a question seems irrelevant or insulting, ask the judge.

If I answer an incriminating question, will I be charged?

The answer generally cannot be used against you in a later criminal prosecution, except for giving false evidence. Get advice before giving evidence if this concerns you.

Can a doctor refuse to answer on confidentiality grounds?

Confidentiality alone is generally not a ground to refuse a relevant question ordered by the court.

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), including section 114A, 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. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026