Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman

Statement given by an accused person during police investigation has raised a lot of questions among the public and the legal profession. A person giving a statement has to be cautioned either before or after the giving of the statement. If the caution is not administered then the statement would be...

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Bibliographic Details
Main Author: Othman, Johar
Format: Student Project
Language:English
Published: Faculty of Law 1987
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/28009/
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author Othman, Johar
author_facet Othman, Johar
author_sort Othman, Johar
building UiTM Institutional Repository
collection Online Access
description Statement given by an accused person during police investigation has raised a lot of questions among the public and the legal profession. A person giving a statement has to be cautioned either before or after the giving of the statement. If the caution is not administered then the statement would be inadmissible under S 113 of Criminal Procedure Code. Even if the statement given is cautioned it would still be inadmissible if it was made involuntarily or the requirements in making the statement were not fulfilled. If the prosecution alleged that it was voluntarily how must he prove it? Can a trial-within-a-trial be held to determine the voluntariness of that cautioned statements? If the cautioned statements is admissible who may use it? Whether the prosecution alone may use it or is it the accused also has the right to it. This project paper is concerned on the cautioned statement under S 113 of Criminal Procedure Code because most cases involving cautioned statements are criminal cases under Criminal Procedure Code. The writer will make a study of the cautioned statements under Criminal Procedure Code and try to comment in every possible aspects.
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spelling uitm-280092022-12-22T08:10:05Z https://ir.uitm.edu.my/id/eprint/28009/ Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman Othman, Johar K Law in general. Comparative and uniform law. Jurisprudence Statement given by an accused person during police investigation has raised a lot of questions among the public and the legal profession. A person giving a statement has to be cautioned either before or after the giving of the statement. If the caution is not administered then the statement would be inadmissible under S 113 of Criminal Procedure Code. Even if the statement given is cautioned it would still be inadmissible if it was made involuntarily or the requirements in making the statement were not fulfilled. If the prosecution alleged that it was voluntarily how must he prove it? Can a trial-within-a-trial be held to determine the voluntariness of that cautioned statements? If the cautioned statements is admissible who may use it? Whether the prosecution alone may use it or is it the accused also has the right to it. This project paper is concerned on the cautioned statement under S 113 of Criminal Procedure Code because most cases involving cautioned statements are criminal cases under Criminal Procedure Code. The writer will make a study of the cautioned statements under Criminal Procedure Code and try to comment in every possible aspects. Faculty of Law 1987 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28009/2/28009.pdf Othman, Johar (1987) Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman. (1987) [Student Project] <http://terminalib.uitm.edu.my/28009.pdf> (Unpublished)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
Othman, Johar
Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title_full Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title_fullStr Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title_full_unstemmed Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title_short Cautioned statements: a legal study under Section 113 Criminal Procedure Code / Johar Othman
title_sort cautioned statements: a legal study under section 113 criminal procedure code / johar othman
topic K Law in general. Comparative and uniform law. Jurisprudence
url https://ir.uitm.edu.my/id/eprint/28009/