Fabricated Evidence in Court Documents: Time to Lodge a Police Report?

 

Important Disclaimer:

This is a personal blog post about my own ongoing matter and is not legal advice. It reflects my current understanding and should not be taken as guidance for anyone else’s situation. Please seek independent legal advice from a qualified Malaysian lawyer before taking any action.

A recent Facebook post highlighted that destroying or fabricating evidence is a criminal offence under Sections 193–204 of the Penal Code. That got me thinking seriously about filing a police report.

 

I hesitated at first because authorities have previously declined to comment on matters involving ongoing or pending civil proceedings. I wondered: Does the same restriction apply to lodging a police report?

In Malaysia, the answer appears to be no. Police investigations into suspected criminal offences operate independently of any parallel civil actions. The Royal Malaysia Police (PDRM) has a statutory duty under Section 107 of the Criminal Procedure Code (CPC) to receive and investigate reports of seizable offences—those generally punishable by imprisonment of three years or more, which includes offences like fabrication of evidence, forgery, and cheating. This duty exists regardless of any civil suit, because criminal law protects public interest while civil proceedings focus on private remedies such as damages or injunctions.

Filing affidavits in my civil case does not prevent or stop a police investigation. On the contrary, any findings from a police probe—such as witness statements, seized documents, or investigation outcomes—could actually strengthen my civil claim by providing corroborative evidence of fraud or misrepresentation. Malaysian courts have recognised that a contemporaneous police report can lend weight to civil allegations involving criminal elements.

Once a report is lodged, the police are required to record it. If it discloses a seizable offence, they must investigate. That said, they may still classify the case as "No Further Action" (NFA) if they find the evidence insufficient or view the dispute as primarily civil in nature.

Even if the civil suit and any potential criminal case involve the same facts and parties, this does not stop the police from doing their job. In some situations, the court handling the civil matter might consider staying proceedings temporarily to avoid conflicting findings, but criminal investigations and prosecutions can generally proceed alongside civil ones.

Importantly, lodging a police report is protected by absolute privilege, which means it cannot form the basis of a successful defamation claim against me—as long as the report is made in good faith as part of seeking a proper investigation. I still need to ensure the contents are factual and accurate to avoid any risk of a counter-complaint for false reporting. This is territory I am familiar with; I successfully defended a defamation suit brought by a public listed company back in 2013.If the police delay or refuse to act on the report, I can escalate the matter by filing a formal complaint with the Independent Police Conduct Commission (IPCC).

This is not a decision I am taking lightly. It is simply the next step I am considering in pursuit of accountability on what I believe are serious issues.