Citizens can arrest but mustn't go overboard, say lawyers

Free Malaysia Today

2 days ago

Members of the public have a moral duty to prevent the commission of a criminal offence, but any use of force must be within lawful and reasonable limits, says lawyer Baljit Singh.
PETALING JAYA : Malaysian law permits a citizen to arrest a person suspected of having committed a crime, but can only use reasonable force to do so, a lawyer said.
Baljit Singh said Section 27 of the Criminal Procedure Code empowers citizens to arrest individuals alleged to have committed a crime, provided the offence is non-bailable and seizable, and is committed in the arrestor's presence.
A non-bailable offence refers to offences for which bail is not automatically granted, while a seizable offence is one for which police officers are empowered to arrest without a warrant.
Both categories usually involve more serious crimes, including murder, rape, robbery and drug trafficking.
'The person making the arrest must hand the suspect over to the police without unnecessary delay,' he said.
Baljit said members of the public have a moral duty to prevent the commission of a criminal offence, but any use of force must be within lawful and reasonable limits.
He said the force used must be proportionate to the threat and necessary under the circumstances.
'One cannot take the law into their hands,' he said.
The lawyer was commenting after a 51-year-old man was reportedly assaulted to death on July 27 by members of the public after he allegedly exposed himself in a public place. Seven people have since been arrested, with the death classified as murder.
Five days earlier, another man succumbed to injuries sustained after he was assaulted by members of the public who had spotted him in the act of robbing a kindergarten teacher in Cheras. The case has also been classified as murder, with eight men arrested.
Baljit said the prosecution would have to establish in court the specific roles each individual played in the incident, including who delivered the fatal blow.
Lawyer Kitson Foong said any conduct or act beyond what is permitted will amount to vigilante action.
He said a person conducting a citizen's arrest has the right to self-defence if the suspect, armed with a dangerous weapon, retaliates.
'But you cannot go overboard on the offensive under the disguise of self-defence,' he added.
For example, a person attempting to arrest a suspect should not use a gun unless he has first fired a warning shot.
'If in the process of apprehending you find that your life is endangered, you can use reasonable force to disarm and repel the perpetrator,' he added.