I have received complaints regarding law enforcement officers requiring members of the public to be present in their office by way of making phone calls to them. Suddenly, they found themselves put under arrest and be remanded. In certain cases, they could not access to their lawyers and members of their families.

The law is clear that when police wants you to come to the police station, the law requires that you need to be informed in writing the reasons as to why you are required to see them.

There is no legal obligation to see them until the letter made under section 111 Criminal Procedure Code is served on you.

CPC”). Section 111 states the following:

“(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required.

(2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.”

To break it down, section 111 is the section that gives the power to the police to call you in if you are a witness for anything that they are required to investigate and if you refuse to attend, the police can report you to the Magistrate who may then issue a warrant. This “call” would typically be done in writing (which also helps you differentiate from scammers and the actual police).

The law does not allow police officers to require your attendance at police station by making telephone to you.

When police call you to the police station to meet them, always ask the reasons why you have to be present before them. You have a right to know.

Many who went to the police station upon receipt of phone calls from the police. When you appear before them, although it can be abuse of power but, it is not illegal to immediately put you under arrest once you appear in the station.

In such circumstances, you may wish to make a police report against the police in case there would be legal complications about the matter concerning or in connection your or police actions.

VOON LEE SHAN
President Parti Bumi Kenyalang
20 March 2024

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