Can answering only 'yes' or 'no' be misunderstood?

In cross-examination, lawyers often ask questions designed for a "yes" or "no" answer. Many such questions are fair and can be answered accurately in one word. But some cannot. This guide explains when a bare yes or no can mislead, and how to answer accurately without arguing. It is court familiarisation; the aim is always the truth.

Why do lawyers ask yes-or-no questions?

Under section 143 of the Evidence Act 1950, leading questions may be asked in cross-examination. Leading questions often invite "yes" or "no": "You signed the contract on 1 June, didn't you?" They help the lawyer move through facts quickly and put their case clearly. There is nothing improper about them.

When can a bare yes or no be misunderstood?

• Compound questions: "You went to the clinic and the doctor examined you, correct?" If you went but were not examined, neither "yes" nor "no" is accurate.
• Questions built on an assumption: "When did you stop paying the instalments?" assumes you stopped.
• Partly true statements: "You were paid in full?" when you were paid most, but not all.
• Ambiguous words: "agreement", "complaint", "settlement" can mean different things.
• Questions about frequency or degree: "You always arrived late?" when you were late twice.

In these situations, a one-word answer could give the court an inaccurate picture, even though you meant to be truthful.

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How do I qualify an answer properly?

1. Answer as directly as you accurately can.
2. Add the shortest qualification that makes it true: "Yes, but only the first payment." "No, I went on Tuesday, not Monday."
3. Split compound questions: "That's two questions. I went to the clinic, yes. I wasn't examined that day."
4. Correct a wrong assumption: "I didn't stop paying; the bank stopped deducting."
5. Do not make a speech. A short qualification is enough; see why shorter answers are usually better.

What if the lawyer insists on "yes or no"?

Stay calm and polite. You might say: "I can't answer accurately with just yes or no. May I explain briefly?" The judge controls the questioning and will decide. Often the judge will allow a short explanation, or the lawyer will rephrase. Do not let pressure push you into a one-word answer you know to be misleading. Your oath is to tell the truth, and deliberately giving false evidence is an offence under the Penal Code.

Can re-examination help?

Yes, to a point. If an answer in cross-examination was incomplete, the lawyer who called you may ask about it in re-examination, which under section 138 is directed to explaining matters raised in cross-examination. But you cannot rely on that. It is better to give an accurate answer the first time. See what re-examination is.

What should I prepare?

• Re-read your own statement and documents so you know the precise facts.
• Practise noticing compound questions in everyday conversation.
• Understand leading questions; see what a leading question is.

Common mistakes

• Saying "yes" to a compound question because the first part was true.
• Arguing that the question is unfair instead of answering accurately.
• Giving long explanations every time, even when a simple yes or no is accurate.
• Accepting a wrong assumption built into the question.
• Refusing to answer instead of answering with a qualification.

Example

In a slip-and-fall claim, a shop's witness was asked: "The floor was mopped at 3 p.m. and there were warning signs, correct?" The floor had been mopped, but the sign was put out later. He answered: "The floor was mopped at about 3 p.m. The warning sign was placed afterwards, about ten minutes later." It was accurate, brief and fair.

When to speak to a lawyer

If you are a party and want to understand how your evidence will be tested, discuss it with your lawyer before trial. Contact us; every case depends on its facts.

Frequently asked questions

Do I have to answer just yes or no if asked to?

You should answer directly, but if a bare yes or no would be inaccurate, say so and ask to explain briefly. The judge decides.

Will qualifying my answers annoy the judge?

Not if the qualifications are brief and necessary. Judges want accurate evidence.

What does "That's not quite right" mean in court?

It is a polite way to signal you need to correct part of a question. Follow it with the correct fact.

What if I already said "yes" by mistake?

Correct it as soon as you notice: "I need to correct my last answer."

Can I say "it depends"?

Only if followed by a brief explanation of what it depends on.

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), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026