COURTS & CRIME: PETALING JAYA: ‘Don’t take the law into your own hands’

PETALING JAYA: Law and order are important to protect the public at large. It is not for the people to take it upon themselves to pursue mob justice, said a lawyer and a social activist.

They were commenting on an incident on Friday, in which a group of “friends” set fire to a 15-year-old boy’s neck and body after accusing him of stealing RM100 in Kemaman, Terengganu.

The incident has caused much consternation, especially since it was not the first vigilante incident to occur in the country.

Lawyer Kokila Vaani Vadiveloo said people who execute mob justice can be punished under Section 324 of the Penal Code for causing grievous hurt, which provides for a prison sentence of up to three years or a fine, or caning, or any two of the punishments.

She said the public can only exercise their citizen’s right to arrest a suspect under Section 27 of the Criminal Procedure Code (CPC) when an offence occurs, and they must immediately hand the suspect to the police instead of causing injuries to the detainee.

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“So, those who take the law into their own hands can be punished under the Penal Code and be prosecuted for causing harm to another person, in pursuit of swift justice.

“Even when the public exercise their citizen’s right to arrest under the CPC, it must be with reasonable force against someone for self-defence purposes. For instance, when facing an imminent threat to body or properties, to prevent or subdue an attack.”

Kokila said public direct involvement in punishing a suspect cannot be justified since the process requires the cooperation of the police and judicial bodies to conduct a fair investigation and prove guilt.

She said taking the law into their own hands and dealing with the alleged perpetrators will also result in a mockery of the justice system.

“A crowd of people who take the law into their own hands act as judge, jury and executors. Punishing a suspect or an alleged offender on the spot cannot possibly ensure fairness,” she said.

Alliance for Safe Community chairman Tan Sri Lee Lam Thye advises the public not to take over the authorities’ job when crimes happen as they do not have the power to punish suspects.

Lee also said the police department and non-governmental organisations (NGO) should conduct more talks to educate the public on their rights so that the public will know what to do when a crime occurs.

“Don’t ever take the law into your own hands and commit acts of violence. This is something that has been going on for too long. They (the public) can catch a suspect and lodge a police report. The police have the mandate to investigate whether the accusation is true or otherwise, so leave it to them. They are the experts in such matters.

“Also, the Penal Code is very clear about the charges the police can bring against a detainee. They also have the manpower to investigate an alleged crime. It is their job, and not that of the public, to enforce the law. If a person is found guilty in a court, the judge will prescribe the punishment,” he said.

The public need to be educated about what they are supposed to do when exercising a citizen’s arrest because they seem to think there is nothing wrong with having “an eye for an eye” and “a tooth for a tooth” attitude.

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He said it is very important that civil society and NGO give talks to the public and educate them on such matters.

“Let them know what to do when such situations arise. At the same time, when a crime occurs, the police must act swiftly to arrest and charge the offenders. Otherwise, the public will act as vigilantes and take matters into their own hands,” he said.

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