Lately we have come to notice that there are more and more police reports being made against individuals which sometimes seem to be outrageous and ridiculous to say the least.

So we ask ourselves, what are the legal implications to these irresponsible people who lodge police reports according to their whims and fancy, when it comes to light that the report was false to begin with?

When we hear of a false police report, we automatically think that the victim whose name has been tarnished will probably sue the other person’s pants off for defamation. Unfortunately, that is not the position in law.

In the Federal Court case of Lee Yoke Yam vs Chin Keat Seng [2013] 1 MLJ 145, it was held:-

[32] Premised on the above, we agree with the decision of the Court of Appeal in Abdul Manaf Ahmad (supra) that on public policy consideration, absolute privilege should be extended to a statement contained in a police report lodged under s.107 of the CPC as in the case of statement made under s.112 of the CPC.

The underlying reason behind this, is the overriding public interest that a member of the public should be encouraged to make police report with regard to any crime that comes to his or her notice. Such a report is important to set the criminal investigation in motion. With such report, the alleged crime may be investigated and the perpetrator be brought to justice.

It is without doubt that public interest should override the countervailing consideration that this may sometime lead to an abuse by a malicious informant. In any event, if a false report is lodged by a complainant, he is liable to be prosecuted for making false report under s.177, s.182 or s.203 of the Penal Code. That we believe provides a sufficient safeguard against any person from making a false report.

So, it looks like a person who lodges a false police report escapes civil liability .

However, Section 182 of the Penal Code states:-

False information, with intent to cause a public servant to use his lawful power to the injury of another person

182. Whoever gives to any public servant any information orally or in writing which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant to use the lawful power of such public servant to the injury or annoyance of any person, or to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both.

A person who lodges a false police report , if charged in the first place, and if convicted, may face imprisonment up to six months or fine of RM2,000 or both.

If I had lodged a police report against certain individuals, it could be anyone, let’s just for argument sake use hypothetical references, say the former attorney-general, former Malaysia Anti-Corruption Commission chief and the former Bank Negara governor, for, again for argument sake, giving false information to foreign authorities with the intent of trying to topple the government, (I know, it’s a ridiculous example) I could be charged by the police if it is found out that the report that I had lodged was false.

I would think that eventually there would be a need for the people named in the false police report to make a police report against me stating that a false police report was made against them. However, I should think that the police themselves would be in a better position to directly charge me with making a false report since I would have been investigated in the first place to determine the veracity and truthfulness of the report.

PUTHAN PERUMAL is an advocate and solicitor of the High Court of Malaya.