Law of Torts - Defence For False Imprisonment

Reasonable Condition

1. Robinson v Balmain Ferry Co. Ltd - - The Plaintiff entered defendants premises under a contract which involved his departure through a particular exit on payment of a penny. When the P wanted to leave, D refuse unless P pay. It was held that it is not False Imprisonment because there is another way to out and the condition imposed is reasonable.

2. Herd v Weardale Steel Co Ltd - - A miner refused to do certain work in breach of the contract. He demanded to be taken out from mines 5 hours before hand but was not allowed to leave for 20 minutes. It was held by House of Lords that there is no False Imprisonment. Miner could sue for breach of contract.


Lawful arrest is not False Imprisonment.

Arrest Without Warrant

Section 27(1) states that any private person may arrest any person in his view commits non bailable and seizable offence and person proclaimed under Section 44. Shall without delay brought to the nearest police station.

By A Constable

1. Section 23(1)(a) CPC - - any Police Officer/Penghulu may arrest without warrant and without order from Magistrate.

i. Whoever commit seizable offence in any part in Malaysia, or

ii. Against whom a reasonable complain or information receive suspected to commit seizable offence.

2. Burden of proof is on the Defendant that there is a reasonable suspicious concerning seizable offence.

Dallison v Caffery - - The test is objective test, whether a reasonable man would believe that there was reasonable and probable cause for arrest.

Ramly & Ors v Jaafar - - Police arrested the Plaintiff base on information from one Zakaria during interrogation. Trial judge held that the info was not reasonable and not credible but on appeal it was held the test should be objective test and it is reasonable.

Abd Rahman v Tan Jo Koh - - Federal Court held that since during the arrest the respondent was in possession of offensive weapon (seizable offence) therefore reasonable.

Information of Charge

1. Article 5(3) of Federal Constitution states that the ground of arrest must be told to the detainee as soon as may be. He should be given choice to consult and defended by lawyer of his choice.

2. Only the substance of the charge be informed is sufficient.

The Duty of the Arrester

Arrest made by penghulu or private citizen shall be brought to the nearest police officer or station.

Section 28 CPC - - the police officer will re-arrest and without delay within 24 hours brought to Magistrate to be remanded under Section 117 of CPC.

Article 5(4) of Federal Constitution provides there fundamental rights.

1. Self Help

The P may use reasonable force to escape.

2. It is a remedy for the violation of personal liberty and illegal conficement.

See also textbooks. 
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