Your Rights During Arrest in Malaysia
You have constitutional rights from the moment you are arrested, and police must respect them.
Sources checked 2026-09-15
Where your rights come from
The Federal Constitution of Malaysia protects every person who is arrested. These are legal rights, and the police must respect them.
Article 5 of the Federal Constitution is the starting point. [f1] It gives you the right to consult a lawyer of your choice and be defended by them. [f2] It also says you must be told why you are being arrested as soon as possible.
CPC Section 28A adds more protection. [f6] Before questioning, the police must tell you that you may contact a relative or friend and consult a lawyer. [f3] They must allow reasonable time for you to speak to the lawyer. These rights apply whether or not the police have a warrant.
The right to know why you are arrested
When you are arrested, the police must tell you why. [f2] Article 5(1) of the Federal Constitution requires this. You are entitled to a reason as soon as possible.
In frozen account cases, the arrest may be for mule account offences under Sections 424A, 424B or 424C of the Penal Code. Knowing the exact section helps your lawyer prepare your defence from the start.
If the police do not explain, ask clearly: “What offence am I being arrested for?” You are entitled to a specific answer, not a vague one.
The right to a lawyer
Your right to a lawyer starts the moment you are arrested, not after questioning. [f1] Article 5(3) of the Federal Constitution gives you the right to consult a lawyer you choose. The police cannot refuse or delay this without a lawful reason.
[f6] Under CPC Section 28A, the police must tell you about this right. If they do not, ask for it clearly: “I want to speak to a lawyer before I answer any questions.”
If you have no lawyer, the Bar Council Legal Aid Centre has duty lawyers for police stations. You can also ask a family member to find legal help for you. Do not wait until you are charged, because the earlier a lawyer is involved, the more they can do to help.
The right to stay silent
You must give the police your name, IC number and address. Beyond these basic details, you have the right to stay silent on anything that may incriminate you. [f4]
Staying silent is not an admission of guilt. It protects you from saying something by accident that harms your case.
In mule account investigations, how your account was used and what you knew are at the heart of the case. A wrong answer to a casual question can change the direction of the investigation. Speak to a lawyer first.
The right to medical care
If you are injured, unwell or need medicine while detained, you have the right to medical care. [f5] The Lock-up Rules require detained people to get medical care when they need it.
Tell the police about any medical condition that needs treatment. This includes long-term illnesses, prescription medicines and any injury from before or during the arrest.
Medical records from detention can also become evidence in your case. If you are refused medical care, tell your lawyer straight away.
What to do the moment you are arrested
Stay calm and do not physically resist, even if you think the arrest is unfair. Resisting can lead to more charges and does not protect your rights.
Say clearly: “I want to speak to a lawyer.” Give your name, IC number and address when asked. Ask to speak to a lawyer before you answer questions about the case.
If your family is with you, ask them to contact a lawyer at once. If you are alone, ask the police to let you make a phone call. The police must tell you about your right to a lawyer. [f6] If they do not, ask for it.
How your arrest rights affect your case
If your rights were not respected during the arrest, tell your lawyer. Your lawyer can look at whether it matters if the police did not tell you the grounds of arrest, kept you from a lawyer, or took statements without telling you your rights.
The rules on how statements and other evidence can be used are technical, so get legal advice before you give a statement.
If your arrest is linked to a frozen bank account, what you do in the first hours shapes the investigation and court process that follows. Knowing and using your rights gives your lawyer a better base for your defence.
Sources
- Federal Constitution of Malaysia, Article 5(1) and Article 5(3)
- Criminal Procedure Code (CPC), Section 28A
- Criminal Procedure Code (CPC), Section 28A(8)
- Lock-up Rules (Subsidiary Legislation under the CPC)
- Malaysian Bar Council, Legal Aid Centre Information
Need a Lawyer for Your Frozen Account Case?
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Do I have to answer police questions after being arrested?
You must give your name, IC number and address. Beyond that, you have the right to stay silent on anything that may incriminate you. Ask to speak to a lawyer before answering questions about the case.
Can the police arrest me without telling me why?
No. Article 5(1) of the Federal Constitution says you must be told the grounds of arrest as soon as possible. If the police do not say, ask clearly: "What offence am I being arrested for?"
Can the police refuse to let me call a lawyer?
Not without good reason. Under CPC Section 28A, the police must tell you about your right to consult a lawyer and allow reasonable time for it before questioning. In limited cases a senior officer can authorise a delay. If access is delayed without good reason, your lawyer can raise it with the Magistrate at the remand hearing.
What if I cannot afford a lawyer?
The Bar Council runs Legal Aid Centres in Peninsular Malaysia, and you can ask for a duty lawyer through the police station. The Legal Aid Department (Jabatan Bantuan Guaman) also provides legal representation to people who qualify on income.
Can the police arrest me without a warrant?
Yes, for seizable offences. The mule account offences under Sections 424A, 424B and 424C are seizable. Even without a warrant, the police must tell you the grounds of arrest and your rights.
What should my family do if I am arrested?
Your family should contact a lawyer straight away and attend the remand hearing with any useful documents. Once bail is granted, they can also pay it. Our guide on what to do when a family member is arrested sets out the steps.
Can I be held without being brought before a court?
The police must bring you before a Magistrate within 24 hours of arrest if they want to apply for remand. The Magistrate decides whether to allow it. Your lawyer can attend and object.
Can I get medical treatment while in custody?
Yes. The Lock-up Rules say detained people must get medical care when they need it. Tell the police about any medical condition, injury or medicine you need.
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