I have received many queries from members of the public whether police officers have the right to stop them to enter the police station on ground that they were not in proper attire and whether or not to obey the order to leave the police station for not in proper attire when intending to lodge police reports tantamount to obstruction to police in the exercise of their power when on duty?

 It has to be reminded that police have a statutory duty under section 107(4) Criminal Procedure Code to receive reports of crime and they cannot refuse this.

 Section 107(4) of the Criminal Procedure Code clearly states that:

“A police officer *shall be duty bound to receive any information in relation to any offence committed anywhere in Malaysia.”

 To refuse members of the public to enter into the police station to lodge police reports of crimes is contrary to both the spirit and wording of section 107(4) Criminal Procedure Code and police officers who refused to take police reports from members of the public, even though the may not be properly dress could be referred to the Police Department Disciplinary Board.

 It is clear that any police officer who obstructs, refuses, discourages or delays the taking of a police report may be subject to disciplinary action under internal police standards and could face misconduct complaints.

 It has to be known that mere disagreement, argument, or non-compliance without active interference or violence does not automatically amount to obstruction.

 The obligation of the police to take police reports exists irrespective of the complainant’s attire, background, or perceived inconvenience. Any guidance or internal policy (such as dress codes) cannot be used to deny the public their statutory right to lodge a report. This principle has been affirmed by senior government leaders, including the Home Minister, stating that police must accept reports “without conditions.”

 It has to be known that dress codes are not statutory law and cannot override explicit statutory duties (like Section 107 CPC).

 Police officers also cannot direct members of the public to other police stations for the report to be taken. There is nothing under the Criminal Procedure Code or the Police Act to empower police officers to direct members of public to lodge police report of crimes elsewhere or in other police stations. Report of crimes could be lodged in any police station and there is no specific police station mentioned in the Criminal Procedure Code that could take reports of a crime - meaning that, all police stations must take the report.

 In certain circumstances police officers who refused to accept the police report from members of the public who may even though not in proper attire when they came to police station could be sued for damages by public who is aggrieved by the police action. If in doubt, please consult activists who have legal knowledge to help you to institute civil actions against the police.

 To disobey to turn away from police station when not in proper attire when coming to lodge police could not be an act of obstruction of police on duty under Police Act 1967.

 Simply not dressed properly and refuse to leave the police station upon order to leave could not be obstruction under Section 186 Penal Code

Section 186 Penal Code

“Whoever voluntarily obstructs any public servant in the discharge of his public functions…”

To constitute obstruction, the behaviour must actually hinder or prevent the officer from carrying out lawful duties.