Page 10 - Malaysia MADANI Wellbeing Initiative Series 1/2025 - Bill

Evidence of Child Witness (Amendment)

Bill 2024

House of
Representatives Senate Date of Effective
Date of Approval Approval Date / Status
11 July 2024 23 July 2024 3 March 2025

Amendment to the Evidence Act 1950.
The primary objective of this Bill is to establish the status of child witnesses
as competent to give evidence in any proceedings. This is crucial to ensure
that the voices of victims are heard and taken into account within the
justice process.

Based on the United Nations (UN) Guidelines:

“A child victim or witness should be presumed to be competent. Their
testimony should not be disregarded solely because of their age.”

This amendment:

Confirms that children may be valid witnesses in court proceedings.
Prohibits age-based discrimination in assessing the credibility or value
of evidence.
Reduces reliance solely on corroborative evidence to substantiate
children’s allegations.

10 | MALAYSIA MADANI WELLBEING INITIATIVE 2025