Myth Buster

Scenario

Jerry is in need of money and tried to steal Tom’s wallet along Bukit Bintang. However, he failed to do so because Tom noticed his intention and stopped him from running away with his stolen wallet. After capturing him, Tom was very angry and punches Jerry’s face several times.

Is it true that you can take the law into our own hands?

Mythbusted.

According to Section 27(1) of Criminal Procedure Code, any private person may arrest the person who, in his view, commits a non-bailable and seizable offence and shall without unnecessary delay hand over the person arrested to the police officer, OR in the absence of a police officer, take that person to the nearest police station. Section 379 of Penal Code stated that theft is a non-bailable offence.

Therefore, in this scenario, Tom was right to arrest Jerry. Nonetheless, Tom should not take the law into his own hands. As such, Tom should have either asked others to call the police, or if possible, bring Jerry to the nearest police station after arresting him.

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