What are my rights if I am arrested by the police in Malaysia?

An arrest is frightening, whether it happens to you or a family member. Knowing your basic rights helps you stay calm and avoid mistakes that are hard to undo. This guide is a plain-language summary; the details depend on the offence and the circumstances.

What must the police tell me?

Under section 28A of the Criminal Procedure Code (CPC), a person arrested must be informed of the grounds of arrest as soon as possible. Article 5(3) of the Federal Constitution says the same, and also gives you the right to consult and be defended by a lawyer of your choice.

Can I contact my family and a lawyer?

Yes. Before questioning, the police must allow you to communicate with a relative or friend to tell them where you are, and to communicate with and consult a lawyer of your choice. The police must also give the person reasonable facilities to do so.

In limited situations, such as where the police reasonably believe contact would lead to evidence being destroyed or an accomplice escaping, a senior officer can delay these rights. That is the exception, not the rule.

If you cannot afford a lawyer, the National Legal Aid Foundation and the Legal Aid Department provide help for some arrested persons and accused persons.

How long can the police hold me?

You must be brought before a Magistrate within 24 hours of arrest, excluding the time needed to travel from the place of arrest to the court (Article 5(4) Federal Constitution; section 28 CPC). If the investigation is not complete, the police must apply to a Magistrate for a remand order under section 117 CPC:

• For offences punishable with imprisonment of less than 14 years: up to 4 days on the first application and up to 3 days on a further application.
• For offences punishable with death or imprisonment of 14 years or more: up to 7 days on each application.

A lawyer can appear at the remand hearing and argue against remand or for a shorter period. See remand orders.

Have a question about your own situation? Ask on WhatsApp

What should I say and not say?

1. Stay calm and polite. Do not resist or argue, even if you think the arrest is wrong.
2. Give your identity details when asked.
3. Ask for a lawyer and ask to contact a family member.
4. Be careful with statements. Under section 112 CPC you must answer questions truthfully, but you may decline to answer questions that would tend to expose you to a criminal charge. See police statements.
5. Read before you sign. Check any statement is accurate before signing; ask for corrections.
6. Do not discuss the case with other detainees or by phone or message.

What should my family do?

• Find out where you are held and the name of the investigating officer.
• Contact a lawyer quickly so they can attend the remand hearing.
• Bring identity documents and any medicines you need.
• Keep a record of names, times and police report numbers.

Common mistakes: giving a long statement before speaking to a lawyer, signing statements without reading them, trying to explain the matter on social media, and families waiting until the remand hearing is over before calling a lawyer.

When to speak to a lawyer

As early as possible, ideally before any detailed statement and before the remand hearing. You or your family can contact us; every case depends on its facts.

Frequently asked questions

Do I have to answer police questions?

You must give truthful answers under section 112 CPC, but you are not bound to answer questions that would tend to expose you to a criminal charge. Take advice first.

Can the police take my phone?

The police have powers to search and seize items relevant to an investigation. Ask for a list of items taken. Do not destroy or delete anything; that can be a separate offence.

Will I get bail at the police station?

For some offences police can release a person on police bail. Otherwise bail is decided by the court after charge. See bail applications.

What if the police deny my request for a lawyer?

Note the time and the officer's name. Your lawyer can raise it with the Magistrate at the remand hearing.

Can my family visit me in the lockup?

Visiting is controlled by the police. A lawyer will usually be able to see you; ask your family to contact one.

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. Federal Constitution, Article 5 (liberty of the person), AGC Laws of Malaysia
2. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
3. Legal Aid Department (Jabatan Bantuan Guaman), Prime Minister's Department

Fact-checked on 17 Oct 2026