§ 40K — Inferences against accused person for refusal to undergo FME

40K.—(1) Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining —(a)

whether to commit the accused person for trial in connection with the crime of which he or she is accused;

(b)

whether there is a case to answer against the accused person; or

(c)

whether the accused person is guilty of the crime with which he or she has been charged,

draw any inference from the refusal that the court thinks proper.

(2) The refusal by the accused person to undergo an FME required of him or her may on the basis of the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against the accused person in relation to which the refusal is material.[Act 5 of 2024 wef 26/05/2025]

—(1) Where in any criminal proceeding, it is shown that the accused person who is required to undergo an FME under this Division has refused to undergo the FME without reasonable excuse, the court may in determining —(a)

whether to commit the accused person for trial in connection with the crime of which he or she is accused;

(b)

whether there is a case to answer against the accused person; or

(c)

whether the accused person is guilty of the crime with which he or she has been charged,

draw any inference from the refusal that the court thinks proper.

(2) The refusal by the accused person to undergo an FME required of him or her may on the basis of the inference mentioned in subsection (1), be treated as, or as capable of amounting to, corroboration of any evidence given against the accused person in relation to which the refusal is material.[Act 5 of 2024 wef 26/05/2025]