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Lodging false reports
27/06/2006 The Star By BHAG SINGH
A reader is concerned over a statement made by a former high official that
”if someone feels strongly about anything, a report should be lodged with
the police or the ACA. But if they find that the report is wrong, he will be
charged, so one must be sure of what one is saying.”
The reader believes that lodging a report is the duty of anyone who knows of
the occurrence of a wrongdoing. And what better deed than to make a report
to the police? But how is one to be sure of the facts at this stage?
The statement quoted appears to be a general one whose purpose appears to be
to say that a person who makes a report should be sure of what he says. It
does not say that the person must have all the proof.
Such statements can create apprehension in the minds of anyone who is
contemplating lodging a police report. As such, it would be useful to say
something about the position of a person who is considering doing so.
It is definitely of concern to be told that if the report is wrong, the
person making the report will be charged. If this is so, the person who
wishes to lodge a police report must investigate by himself and verify the
facts beforehand.
However, this is not what making a police report is all about. If a crime is
committed or a breach of the law has occurred, it is a citizen’s duty to
report the matter to the police who are the appropriate authority to pursue
the matter.
All that is expected of the person making the police report is that he
honestly suspects something has occurred. Therefore, the purpose of making a
report to the police is to trigger off the investigation.
It then becomes the role of the authorities to establish whether the
reported allegations are true or for that matter, if there are any other
offences.
In this regard, it needs to be appreciated that the authenticity of what a
person says and whether it can be proven, are not one and the same thing in
all respects.
Thus, a person may be speaking the truth, but may not have the evidence to
prove it. This is because the evidence may have been destroyed or witnesses
may not want to testify.
This being the case, it would be incorrect to say that a person who makes a
police report must be able to prove the truth of his statements.
All that is expected of that person is that he honestly conveys in the
report what he believes to be true.
If the police investigation can unearth enough evidence, then the person who
is alleged to be involved in the offence may be charged in court.
If the police cannot dig up enough evidence to charge the accused and action
is taken against the complainant, then it would mean that in every case
where a police report is lodged and does not result in prosecution, the
complainant would be charged.
If this is the case, then it would be very dangerous for anyone to make a
police report. However, this is not legally so. Those who make a report
honestly are by law protected.
It must be remembered that even if a person charged is acquitted by the
court, it does not necessarily mean that the report was false.
All it means is that the there was not sufficient evidence to convict the
person. And our legal system is premised on the presumption of innocence
until guilt is proven.
Thus, the right to make a police report based on a person’s suspicion and
honest belief is a privilege which affords protection both against
prosecution as well as civil claims.
However, this is not to say that the right to make a police report is to be
abused.
There are express provisions in the Penal Code which make it an offence to
give false information in a police report.
Section 182 of the Penal Code provides: “Whoever gives to any public servant
any information orally or in writing which he knows or believes to be false,
intending thereby to cause, or knowing it to be likely that he will thereby
cause, such public servant to use the lawful power of such public servant to
the injury or annoyance of any person, or to do or omit anything which such
public servant ought not to do or omit if the true state of facts respecting
which such information is given were known by him, shall be punished with
imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred dollars, or with both.”
From the wording of this section, it will emerge that it would only be an
offence if the person reports to the police matters which he knows to be
false with the intent to injure the person referred to.
Where such is the case, it can hardly be said that the report was made
honestly. Quite naturally, such a person will be deprived of the privilege
that the law otherwise confers.
Therefore, if you are a person who honestly believes or suspects that an
offence is being committed, the law grants the protection against
prosecution or civil action. |
