How to Report False Evidence in Malaysia: A Practical Guide

 

📜 Introduction

Fabricating or knowingly using false evidence in judicial proceedings is a serious offence under the Penal Code of Malaysia (Act 574). Sections 192, 193, 196, and 468 provide for imprisonment of up to seven years and fines.

But knowing the law is only half the battle. The real question is: how do you report it when you encounter false evidence in court? This guide walks you through the process step by step.

 

🧾 Step 1: Gather Clear Evidence

• Collect all documents that show contradictions or falsehoods.

• Examples: affidavits, survey plans, statutory declarations, contracts, or subsale documents.

• Ensure you have certified copies or originals where possible.

• Highlight the specific false statements or forged elements.

📝 Step 2: Draft a Police Report

• Clearly state the offence: “Fabricating false evidence under Section 192/193 Penal Code.”

• Identify the person responsible:

  • The individual who prepared or swore the false affidavit.

  • The lawyer who knowingly filed or used it.

• Attach supporting documents to show the falsehood.

• Be precise and factual—avoid speculation.

🚔 Step 3: Lodge the Report at the Police Station

• Submit the report at the nearest police station.

• Request that an Investigation Paper (IP) be opened.

• Keep a copy of your report for your records.

🔍 Step 4: Police Investigation

• The police will review your evidence.

• If strong (e.g., clear contradictions in black-and-white documents), they will forward the matter to the Deputy Public Prosecutor (DPP).

• The DPP decides whether to charge under the Penal Code.

⚖️ Step 5: DPP Decision

• The DPP may charge under:

  • s. 192/193 (fabricating false evidence).

  • s. 196 (using evidence known to be false).

  • s. 468 (forgery for purpose of cheating).

• Lawyers are not immune—criminal liability applies even if disciplinary proceedings are separate.

📌 Step 6: Follow Up and Escalation

• Track the progress of the investigation.

• If the police dismiss it as “not a police case,” you may:

  • Escalate with further documentation.

  • File complaints with oversight bodies (e.g., MACC if corruption is suspected).

• Persistence is key—systemic avoidance can be overcome with rigorous documentation.

🧑‍⚖️ Case Examples

• Sibu Case (2025): Ngang Hock Kung charged for submitting false documents via the E-Kehakiman system. Punishable under Section 193.

• Lawyers in Contempt (2024): Two lawyers and their client found guilty of contempt for knowingly filing a false witness statement.

These cases show that both laypersons and lawyers can face charges when false evidence is introduced.

✅ Conclusion

Reporting false evidence is not just about protecting your own case—it’s about safeguarding the integrity of Malaysia’s justice system. With clear documentation, a well-drafted police report, and persistence in following up, you can ensure that fabricated evidence is treated as the crime it is.

⚠️ Disclaimer

This post is for informational purposes only. It does not constitute legal advice. Always consult a qualified lawyer if you are directly involved in a case.