Someone made false accusations against me in a police report. Can I sue?

Finding out that someone has lodged a police report accusing you of something you did not do is distressing. It can lead to questioning, a search, or even a charge. Many people's first thought is to sue for defamation. This guide explains why that is not always straightforward, and what other routes exist.

Is a police report privileged?

The law encourages people to report suspected crimes to the authorities without fear of being sued. For that reason, statements made in reports to the police and other bodies with a duty to investigate are generally treated as privileged. The courts have considered whether that privilege is absolute or qualified in different situations, so the precise protection should be checked against current case law on the judiciary portal.

In practice, a defamation claim based only on the contents of the report faces a significant hurdle.

Repetition outside the report is different

Privilege attaches to the occasion: the report to the authority. If the person repeats the accusation to friends, neighbours, your employer or on social media, those publications are separate and are not protected merely because a police report was also made. A post saying "I have reported him to the police for stealing" can be a publication of the accusation to the world.

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Criminal offences for false reports

The Penal Code makes it an offence to:

• give a public servant information the person knows or believes to be false, intending or knowing it likely to cause the public servant to use lawful power to the injury or annoyance of another (s.182); and
• with intent to cause injury, institute criminal proceedings or falsely charge someone with an offence, knowing there is no just or lawful ground (s.211).

Whether to investigate and charge is for the police and the Public Prosecutor. You may lodge your own report setting out why you believe the report was false, with supporting evidence.

Malicious prosecution

If you were actually prosecuted, the case ended in your favour, and the prosecution was set in motion without reasonable and probable cause and with malice, a civil claim for malicious prosecution may be available. This is a different claim from defamation, with its own elements. A report that only led to questioning, without a prosecution, does not meet this test.

Protecting yourself during the investigation

• Cooperate, but get advice before giving a statement under section 112 of the Criminal Procedure Code.
• Keep documents and messages that show the accusation is false.
• Do not contact the complainant to pressure them to withdraw.

What should I do first?

1. Obtain a copy of the report if you are entitled to it, or find out what it alleges.
2. Gather evidence that disproves the allegations.
3. Capture any repetition of the accusation online or to others.
4. Consider lodging your own report with evidence.
5. Do not retaliate publicly or threaten the complainant.

Example

After a business dispute, a former partner lodges a report accusing a man of cheating, then posts the report on Facebook with comments. Police take no further action. The man's lawyer focuses on the Facebook post, which was published to the public, rather than the report itself, and considers whether the facts support a complaint under section 182.

Common mistakes

• Suing only over the police report and ignoring the online repetition.
• Threatening the complainant, which can itself be an offence.
• Giving a police statement without understanding the allegation.
• Assuming "no further action" automatically means a claim for damages.

When to speak to a lawyer

Speak to a lawyer if you are the subject of a false report, are called to give a statement, or the accusation is being spread elsewhere. See our defamation page; you can also contact us.

Frequently asked questions

Can I force the complainant to withdraw the report?

No. Pressuring someone to withdraw can create further problems. Some offences can be compounded; take advice.

What if the report was made to my employer or a regulator, not the police?

Complaints to bodies with a duty or interest may also be privileged, but malice and wider publication can change the position.

How long do I have to sue for the online repetition?

Defamation claims are generally subject to the six-year limit for actions founded on tort (Limitation Act 1953, s.6(1)(a)).

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
4. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
5. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)
6. Royal Malaysia Police (PDRM), official portal

Fact-checked on 17 Oct 2026