The Dewan Rakyat passed the Witness Protection (Amendment) Bill 2026 by a majority voice vote on July 14, 2026, after it was tabled and debated starting July 13 [1, 2, 3, 4].
The key change allows a parent or guardian to apply for admission into the witness protection programme on behalf of a witness who lacks legal capacity, such as individuals with autism or developmental delays [1, 2, 3, 4]. Clause 2 of the Bill amended subsection 7(3) of the Witness Protection Act 2009 by inserting "or lacks legal capacity" after the words "under the age of eighteen years," broadening eligibility criteria [1, 2, 4]. Deputy Minister M. Kulasegaran clarified the phrase "lacks legal capacity" is for programme administration and does not affect courts’ determination of witness competence to testify, which remains separate and based on the witness’s ability to understand and respond [3].
The Bill introduced new Sections 10A and 10B requiring written agreements between participants or their representatives and the government detailing terms of protection and assistance [1, 2, 5]. It included provisions for psychological assistance alongside protection, such as counselling services, aimed at improving the welfare and well-being of participants [1, 2, 5, 4]. The Bill also extended protections to former programme participants after they leave the scheme [5, 4].
Since the programme’s inception, participation has steadily increased from 34 in 2020 to 78 in 2025, reflecting growing demand for witness protection [5]. To determine eligibility for witnesses lacking legal capacity, the Protection Division requires medical reports or clinical assessments on a case-by-case basis [3]. The Bill does not affect courts’ jurisdiction over witness testimony or mandate closed hearings, which remain at the court’s discretion [3].
No injuries, threats, or deaths among participants have been reported during or after participation, maintaining a 100% physical safety record for the programme [3]. Deputy Minister Kulasegaran said witnesses can testify without fear when their identity and safety are protected, aiding prosecutors in presenting stronger evidence [4].
Datuk Seri Azalina Othman Said, Minister in the Prime Minister's Department (Law and Institutional Reform), said, "Every individual who comes forward to give testimony or cooperate with the authorities must receive appropriate protection, without fear, threats or intimidation" [5].
Thirteen MPs debated the Bill, supporting measures to strengthen protections for witnesses and whistleblowers, improve welfare, enhance transparency, and incorporate secure digital technologies for managing the programme [4].
The Bill gives the programme’s director-general authority to issue standing orders for administration and implementation [5].
