THE Witness Protection (Amendment) Bill 2026, which expands access to protection for witnesses with autism and others lacking legal capacity, has been passed by the Dewan Rakyat.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran said parents or guardians would soon be able to apply for witness protection on behalf of witnesses who lack legal capacity under the amended law.
However, he said those with autism, developmental delays or similar conditions would still have to undergo individual assessments supported by medical reports or clinical evaluations by specialists.
“The amendment aims to expand access to the Witness Protection Programme by allowing applications to be made on behalf of witnesses who lack legal capacity through their parents or guardians,” he said during his winding-up speech on the Bill.
Addressing concerns over the phrase “lacking legal capacity”, which is introduced under the Bill, Kulasegaran said it was intended solely for administrative purposes and did not determine whether a witness is competent to testify in court.
“The phrase is not introduced to determine a person’s competency to give evidence in court but is instead used for administering the Witness Protection Programme,” he said, adding that a witness’s competency to testify remains subject to the provisions of the Evidence Act.
The deputy minister said eligibility for witness protection would continue to depend on factors such as the seriousness of the offence, the importance of the witness’ testimony and the security threats faced by the witness.
He also rejected proposals to make closed-door court proceedings mandatory, saying judges should retain the discretion to determine the appropriate protective measures on a case-by-case basis.
Kulasegaran also said parents or guardians would be given a full explanation of the programme’s terms, rights and responsibilities before signing agreements on behalf of the witness.
However, he said emergency admissions into the programme could still be approved before agreements were finalised to ensure urgent protection was not delayed.
The amendments also introduce psychological support, including counselling services, as part of the assistance provided to participants, while strengthening measures to facilitate their safe transition to a new life after leaving the programme.
Meanwhile, Kulasegaran told the House that the Witness Protection Programme has maintained a perfect safety record since it came into force in April 2010.
“Since it came into force, participants’ physical safety has remained at 100%, with no incidents of injury, physical threats or death while under the programme or after participation ended,” he said.
