Amended Child Witness Act 2024 now in effect
The Child Witness (Amendment) Act 2024 [Act 676], which enhances the protection and rights of child witnesses in court, officially came into effect today.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the amendment, passed in the Dewan Rakyat on July 11 last year, means that the Evidence of Child Witness Act 2007 [Act 676] is now the primary legislation that governs the provisions and procedures relating to child witness testimony in legal proceedings.
“As part of this reform, several related laws have also been revised to ensure consistency across the legal system. These include the Evidence Act 1950 [Act 56], the Sexual Offences Against Children Act 2017 [Act 792], the Oaths and Affirmations Act 1949 [Act 1949], the Security Offences (Special Measures) Act 2012 [Act 747], and the Armed Forces Act 1972 [Act 77].
“Under this amendment, the competency of child witnesses to provide testimony in cases involving offences under the Sexual Offences Against Children Act 2017 or any other crimes listed in the schedule of the Act, where the victim is a child, will now be fully governed by the Evidence of Child Witness Act 2007 (Act 676) ,” she said in a statement today.
Azalina said this included the possibility of securing convictions based solely on the testimony of a child witness, in accordance with the newly-introduced provisions.
Azalina said the government is dedicated to elevating the status of child witnesses in the justice system and acknowledging their crucial role in ensuring justice.
“This effort is also in line with Malaysia’s international obligations, particularly under the United Nations Convention on the Rights of the Child,” she said.
She said the amendment to the Human Rights Commission of Malaysia Act 1999 [Act 597], which came into effect in July 2024, was an example of the government’s commitment to strengthening child protection in the country.
“A significant change introduced by this amendment is the addition of Section 6A, which provides for the appointment of one (1) Chief Commissioner for Children and two (2) Commissioners for Children,” she said.
Azalina said the appointment process for these positions is currently being managed by the Prime Minister’s Department’s Legal Affairs Division and will be completed soon.
These appointments, she said, will ensure that the voices and welfare of children in Malaysia are represented and prioritised in policy decisions and national administration.
“This reform not only demonstrates that child witnesses are treated equally to adult witnesses in the legal system but also reflects the values of Malaysians who are determined to protect the most vulnerable members of society,” she said.
Azalina said the government will continue to ensure that the rights and welfare of children in Malaysia are upheld, in line with the principles of universal justice and human dignity.
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