Penal Code

Fabricating false evidence intended for use in proceedings before DBKK (Dewan Bandaraya Kota Kinabalu) could be considered an offence under Section 192 of the Malaysian Penal Code, provided certain conditions are met.

Section 192 punishes whoever:

·        Causes circumstances to exist, or

·        Makes a false entry in a book, record, or electronic record, or

·        Creates a document containing a false statement,

with the intent that it may appear in evidence in:

Any proceeding before any public servant who is legally bound to take evidence.

 

DBKK as a public servant: Under Section 21 of the Penal Code, "public servant" includes officers of local authorities like DBKK (a municipal council under the Local Government Act 1976 [Act 171]).

Proceedings where DBKK is legally bound to take evidence: DBKK conducts various administrative and enforcement proceedings under the Local Government Act 1976, such as:

Submission processes like building plan approvals, which involve reviewing documents as "evidence" to make binding decisions.

If the false evidence (e.g., a fabricated document or false entry) is submitted with the intent to mislead DBKK in such a proceeding, it qualifies as an offence under Section 192.

Scenario:

Submitting falsified building plans or soil reports to obtain DBKK approval will apply under Section 192.

Reason:

This is a proceeding where DBKK reviews documents as evidence to decide on compliance with by-laws (e.g., under the Uniform Building By-Laws). Intent to mislead the approval process applies.

Related Offences

If it doesn't fully fit Section 192, it may fall under nearby provisions: Section 193: Intentionally giving false evidence in such proceedings.

Section 177 of the Malaysian Penal Code (Act 574) addresses the offence of furnishing false information to a public servant. It aims to ensure the integrity of information provided to authorities, preventing deception that could hinder official duties.

This falls primarily under criminal offences in the Malaysian Penal Code (Act 574), as it involves deception of a public servant for personal or client gain. It may also trigger professional misconduct under engineering regulations. Since the matter hasn't reached court and I am considering a report to PDRM (Polis Diraja Malaysia), this is a cognizable offence, meaning police can investigate without a warrant upon a complaint.

Key Relevant Provisions

Section 177, Penal Code: Furnishing False Information to a Public Servant

Why it applies: The engineer is legally bound under UBBL By-Law 25 or the Street, Drainage and Building Act 1974 to furnish accurate certification of supervision and compliance. Submitting a false declaration (e.g., claiming supervision of a non-existent retaining wall) to the local authority (a "public servant" under s. 21) with knowledge of its falsity misleads the approval process. The retaining wall is a structural safety requirement (UBBL By-Law 72 for lateral soil pressure/stability), so non-compliance endangers public safety.

Intent element: The submission aims to secure the occupancy certificate.

Section 192, Penal Code: Fabricating False Evidence

Why it applies: The Form A/RS is a document created/submitted with intent to appear as "evidence" in a proceeding before a public servant. Falsely certifying supervision creates a "false entry" or "document containing a false statement" to mislead the fitness-for-occupation assessment.

Distinction from s. 177: Broader scope here, as it targets the evidentiary intent in administrative proceedings (e.g., plan review/inspection).

Other Potential Criminal Offences

Section 420, Penal Code: Cheating and Dishonestly Inducing Delivery of Property: If the false submission induced the local authority to issue the certificate (enabling sale/occupancy, i.e., "property" like building rights), it's cheating by personation/deception.

Street, Drainage and Building Act 1974 (s. 11/14): Unauthorized deviation from approved plans (omitting retaining wall) is an offence; false certification compounds it.