Title: Admissibility of illegally obtained evidence for criminal cases in Malaysia

Authors: Kanagaraj Karunanithi; Ramalinggam Rajamanickam

Addresses: Faculty of Law, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor, Malaysia ' Faculty of Law, Universiti Kebangsaan Malaysia, 43600 Bangi, Selangor, Malaysia

Abstract: This article will inquisitively attempt to discuss the principles which govern the admissibility of illegally obtained evidence in Malaysia. Presently, there are no attempts to codify the law, specifically the Evidence Act of 1950 and the Criminal Procedure Code, to exclude illegally obtained evidence. For decades, the judicially created exclusionary rules of common law principles have carved out legal propositions within the Malaysian legal system, enabling judges to exclude illegally obtained evidence. Judges often resort to the balancing exercise to secure a fair trial by balancing the competing interests on public policy grounds. Apex court decisions postulate the existence of the exclusionary power to be largely discretionary and it has been applied rather lucidly to infinitely variable situations. The existence of admissibility principles has provided adequate support for Malaysian courts in their efforts to exclude illegally obtained evidence. However, as modern evidence law advances, changes in the law are expected.

Keywords: admissibility; illegally; evidence; common law; discretion; Malaysia.

DOI: 10.1504/IJPLAP.2024.137775

International Journal of Public Law and Policy, 2024 Vol.10 No.2, pp.116 - 144

Received: 07 Aug 2022
Accepted: 26 Oct 2022
Published online: 05 Apr 2024 *

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