Is Lying to the police a punishable in Malaysia?

UMNO Youth Vice Chief Khairul Azman lodged a police report on three high profile individuals to topple the Prime Minister and the government. The three individuals are : -

1.     Tan Sri Dr Zeti Akhtar Aziz, former Bank Negara Governor

2.     Tan Sri Abu Kassim Mohamed, former Chief Commission Malaysian Anti Corruption Commission

3.     Tan Sri Abdul Gani Patail, former Attorney General

On July 26, Khairul Azwan claimed to have in his possession evidence relating to the involvement of the three Tan Sri to topple Prime Minister and the government. Such accusations are very serious in nature which could create instability of the country.

According to Inspector General of Police, Tan Sri Khalid Abu Bakar that police have stopped investigation into the report made by UMNO Youth Vice Chief Khairul Azwan. The IGP said that early investigation shows Khairul has made the report based on assumptions.

Police brushed off allegations that they were biased in dealing with the case over a report lodged by UMNO Youth Vice Chief Khairul Azwan Harun. IGP Tan Sri Khalid Abu Bakar said that in this case (involving) Khairul Azwan we have weighed in everything after reviewing his statement, so, we decided not to proceed with any action.

It is the person who makes the allegations who must prove the truth of what he has alleged by way of the imputation conveyed.

People who make police reports cannot be sued because they enjoy a certain immunity but this protection is lost if there is element of malice. Filing a false report can lead to multiple criminal consequences.

If we goggle in the internet, much has been written about defamation which refers to damage the reputation of an individual or any entity. The primary purpose of defamation laws is to protect a person’s reputation.

In Singapore, lying or more precisely false information on the authorities such as the police, is criminal offence punishable by fine and imprisonment. Pursuant to Section 177 of the Penal Code when a person is legally bound to provide information to the authorities but deliberately offers false information instead, he may become liable for a fine, imprisonment or both.

In Miami, filing a false report is serious criminal offence in which most individuals accused face felony charges. Felony convictions lead to up to five years in jail and a $5,000 fine.

The person who made the false report may also be liable for a civil suit, if their report cause damaged to another’s reputation. The primary purpose of defamation laws is to protect a person’s reputation.

If the police reluctant to take action against Khairul Azwan for making false police report, perhaps the three Tan Sri’s may take civil suit against against Khairul Azwan and the UMNO Youth.