Fabricating evidence is an offense under the Penal Code

 

A Facebook post, this morning 9.9.2025, stated that destroying or fabricating evidence is an offense under Sections 193–204 of the Penal Code. This led me to consider filing a police report. However, I recalled that authorities have previously said they cannot comment on matters under judicial review. Would this restriction apply to filing a police report as well?

In Malaysia, police investigations for suspected criminal offenses are independent of any ongoing or pending civil proceedings, including those filed in court. The Royal Malaysia Police (PDRM) has a statutory duty under section 107 of the Criminal Procedure Code (CPC) to receive and investigate reports of sizable offenses (those punishable by imprisonment of three years or more, such as the fabrication of evidence, forgery, and cheating.) This obligation exists regardless of parallel civil actions, as criminal matters focus on public interest, while civil suits address private remedies like damages or injunctions. Please read my post on this matter HERE. 

The filing of affidavits in my civil case after 12 September 2025 (my lawyer's demand letter to the developer was dated 28.8.2025 giving 2 weeks for a response) to commence the suit does not preclude or halt a police investigation. In fact, evidence from a police probe (e.g., witness statements, documents, or findings) can support my civil claim, such as proving fraud or misrepresentation. Courts have recognized that lodging a police report contemporaneous with civil allegations strengthens claims involving criminal elements, like fraud, by providing corroborative records. My lawyer's letter of demand is a pre-litigation step and has no bearing on police duties.

Upon filing, the police must record the report and investigate if it discloses a sizable offense. However, they may classify it as "No Further Action" (NFA) if evidence is insufficient or the matter appears civil-dominant, though my detailed allegations (e.g., forgery of Form A/RS and certificates) likely warrant scrutiny. I can request a status update after four weeks or appeal an NFA to the Public Prosecutor via the Attorney General's Chambers.

If the civil suit involves the same facts/parties, the court may stay civil proceedings pending criminal resolution to avoid conflicting findings, but this doesn't stop the police from acting. Criminal outcomes (e.g., a conviction) can bind civil liability.

Filing won't expose me to defamation suits, as police reports are absolutely privileged. But I have to ensure my report is factual to avoid counter-allegations of false reporting. I am familiar with this as I successfully defended the defamation case filed by a Public Listed Company in 2013.

If the police delay or refuse, I can escalate via a formal complaint to the Independent Police Conduct Commission (IPCC).