Your Right To Know The Law

This blog is intended to promote and increase the awareness among members of the public of their rights and remedies under the Malaysian law. Besides, it is also meant to be a forum for me to express my opinion on the various issues of law. It is intended for purposes of information and academic discussion and shall not be construed nor relied upon as a substitute for legal advice.

Thursday, January 17, 2008

What to do when police start questioning you?

Politely ask, “Am I under arrest?”

You are under arrest when one of the following occurs:
a) the police say, “You are under arrest”; or
b) he uses force to restrain you. e.g. he handcuffs you; or
c) by words or conduct, he makes it clear that he does not allow you to leave or he wants to take you to the
police station.

What if you are not under arrest?
GENERAL RULE: Apart from giving him your personal particulars such as name, identity card number and home address, you have no legal duty to help the police with their enquiries. You only owe a moral duty to do so. You can walk away and refuse to follow the police to the police station or anywhere else.

EXCEPTION: if you are aware of the commission of a crime or the intention of any person to commit a crime, you are under legal duty to give such information to the police. Failing which you may be guilty of an offence punishable under S.176 or S.202 Penal Code. If you give false information, you may be guilty under S.177 Penal Code.

© 2008 Edwin Lee
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Disclaimer:

All materials on this blog provides a summary of the relevant legal issues only. It is not meant to be comprenhensive. It is intended for purposes of information and academic discussion and shall not be construed nor relied upon as a substitute for legal advice.