You made a police report, but PDRM doesn't want to investigate. What can you do next?

When you make a police report, whether it’s a big or small case, you tend to have some expections. You expect the PDRM will take action and investigate, catch the criminals, and in between, they’ll give you updates on what’s happening.

But what if the case drags on and the police does not update you? Or worse, what if they refuse to investigate your case in the first place? (Yes, they can do that)

If you ever encounter a situation like this, firstly you have to...

Check whether you’re reporting a serious or a non-serious crime

In Malaysia, crimes are designated as either serious crimes or non serious crimes.

Serious crimes are known as ‘seizable offenses’. This means that for these crimes, the police can arrest someone without a warrant. It covers big crimes—those punishable by more than 3 years of prison time. 

Non-serious crimes are called ‘non-seizable offenses’. These are crimes that requires a warrant for arrest. These are usually lighter crimes that carry a sentence less than a 3-years imprisonment. 

So if your case is a serious crime and the PDRM doesn’t want to investigate, you can…

Take your report to a public prosecutor

If you reported a serious crime, Section 110(1) of the Criminal Procedure Code says that the PDRM should head over to the scene of the crime and investigate the case.

If you’re the victim, you’d probably want to get updates on what’s going on, and you are well within your rights.

Section 107A states that, if you’ve reported a serious offence to the PDRM, you have the right to ask them for updates on a case. PDRM must give you the updates within 4 weeks, unless it undermines their investigation.

If PDRM does not give you updates, you can make a complaint to a Public Prosecutor. The Public Prosecutor will then ask PDRM to pass the investigative reports to him. He will then either update you on the case, or ask the PDRM to do it.

But this is different if you’re reporting a non-serious crime. Because for these cases, sometimes the PDRM will...

Refer you to a magistrate

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Under Section 108(1) says they must refer your complaint to a magistrate. A Magistrate is basically a judge in the lowest court in Malaysia. We checked with PDRM, and here’s what they told us:

“In situations where we choose not investigate a non-seizable offence, the PDRM will issue a letter which you can bring to the Magistrate”. – Officer from the PDRM in a phone call with ASKLEGAL

By the way, when PDRM said they choose not to investigate, it’s not that they don’t want to. It’s because they think a magistrate is better at handling the case.

So when you meet the Magistrate, they will set a date to ask you questions about your complaint. The Magistrate will also let the Public Prosecutor know if he has to question you. If the Public Prosecutor agrees, he can take over the case from the Magistrate.

However, if the Public Prosecutor doesn’t take over the case, the Magistrate will proceed to question you based on your report. After questioning, he will either decide to:

• Dismiss your complaint, because he believes there are no grounds for proceeding further. Or;
• Proceed with your case, and summon the person you’ve reported/complained about.

[READ MORE: How do criminal trials happen in Malaysia]

If you feel PDRM has committed a misconduct...

You can report to the Enforcement Agency Integrity Commission (EAIC). EAIC tasked with investigating complaints of misconducts by certain enforcement authorities, which includes PDRM. 

You can contact the EAIC through 4 channels:

• In person – At their HQ in Putrajaya
• Via email – aduan@eaic.gov.my
• Website – e-Aduan
• Phone call – 03-8880 5651 / 5627 / 5625

Note: the EAIC might be replaced sometime soon. In July, the government announced plans to setup the Independent Police Complaints and Misconduct Commission (IPCMC) as the new body. We’ll update the article if and when it’s confirmed.