Cautioned Statement Explained
An older term for a police statement taken after a formal warning. That procedure was removed in 2006.
Sources checked 2026-09-17
What is a cautioned statement?
A cautioned statement was a statement taken by police after a formal warning, which could later be used against the accused. That procedure was removed from the Criminal Procedure Code in 2006. Today police record statements under Section 112, and Section 113 sets technical rules on whether a statement made to police can be used in evidence. The term still appears in older cases and in everyday talk.
See the page on a plain statement for how police statements work today.
What the law says today
If an officer says you are giving a “cautioned statement”, it is now recorded as an ordinary Section 112 statement. What you say can still matter later, so ask for legal advice before you give it.
In a mule-account case, the CCID at Bukit Aman investigates. [f2] Whatever name police use for a statement, take care before you give one.
How is it different from other statements?
A plain statement is taken during ordinary investigation. A voluntary statement is one you give freely, on your own. A confession admits the offence. A cautioned statement is the old term for one taken after a formal warning.
Why speak to a lawyer first?
What you say to police can matter later. Article 5(3) of the Federal Constitution gives you the right to consult and be defended by a lawyer of your choice. [f1]
The stakes are real. A section 424A charge carries a fine of RM5,000 to RM50,000, or 6 months to 5 years in jail, or both. [f3] Police are active in this area: they detected 46,048 mule accounts in 2023 and 50,295 in 2024. [f4] A lawyer can explain your position before you give the statement, and you can start through finding legal help.
Sources
- Federal Constitution, Article 5(3)
- PDRM Commercial Crime Investigation Department (CCID / JSJK), Bukit Aman
- Penal Code, Section 424A
- PDRM / CCID mule-account case reporting, 2024
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What is a cautioned statement?
A cautioned statement was a statement taken by police after a formal warning, which could later be used against the accused. That procedure was removed from the Criminal Procedure Code in 2006. Today police record statements under Section 112, and Section 113 sets technical rules on whether a statement made to police can be used in evidence. The term still appears in older cases and in everyday talk.
How is it different from a plain statement?
A plain statement is taken during ordinary investigation. A cautioned statement is an old term for one taken after a formal warning. A voluntary statement is one you give freely on your own, and a confession admits the offence. Police record statements under CPC Section 112. Section 113 sets technical rules on whether such statements can be used in evidence, so get legal advice before you give one.
Should I speak to a lawyer before giving a police statement?
Yes, it is wise to. What you say to police can still matter. Article 5(3) of the Federal Constitution gives you the right to consult a lawyer of your choice. A lawyer can explain your options so you answer honestly, not under pressure.
Related pages
If your situation is a little different, these pages cover the closest topics.
Need a Lawyer for Your Frozen Account Case?
Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
Independent information resource, not a law firm. We do not provide legal advice. Where appropriate and with your consent, we can connect you with an independent lawyer. Availability and acceptance of a case are not guaranteed. How referral works