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posted 3 hours ago
Last reviewed: 15 June 2026
Can you withdraw a police report in Malaysia? The short answer is no, a complainant cannot unilaterally erase or cancel a police report once it has been lodged. The decision to cease an investigation or decline prosecution rests with the Attorney‑General’s Chambers (AGC) and the Deputy Public Prosecutor (DPP), not with the person who filed the report. Understanding how to withdraw a police report therefore means understanding the realistic options available to you within Malaysia’s criminal justice framework: making representations to the AGC, lodging a covering report or counter report, or seeking legal counsel to navigate prosecutorial discretion.
This guide walks through each option step by step, explains the risks, including penalties for false police reports, and sets out what you can realistically expect.
Key takeaways, what you can do right now:
Many Malaysians believe that a police report can simply be “tarik balik” (pulled back) at the police station where it was originally filed. In practice, Malaysian law does not provide any mechanism for a complainant to delete, cancel, or formally withdraw a police report. Once a report is recorded under the Royal Malaysia Police (PDRM) system, it becomes an official document that forms part of a potential investigation file. The AGC has stated through its public FAQ portal that the decision to prosecute or take no action belongs exclusively to the Public Prosecutor, and a complainant’s desire to withdraw does not automatically end proceedings.
Media reporting has reinforced this position. As legal experts confirmed in The Star, withdrawing a police report is “not a simple process,” and the complainant’s wishes are only one factor the prosecution considers. Analysis published by Scoop likewise confirmed that the AGC treats requests for no further action as representations, not as automatic instructions to stop a case.
This means that even if both parties reach an amicable resolution, the police and the DPP retain the authority to continue investigating and prosecuting if the evidence and public interest warrant it.
When people in Malaysia talk about wanting to “tarik balik” a police report, they typically mean one of three things: they want the investigation stopped, they want the report erased from PDRM records, or they want to signal that they no longer wish to pursue the complaint. None of these outcomes is guaranteed. The term “tarik balik” has no formal legal standing in the Criminal Procedure Code (CPC). What it usually triggers, in practice, is the process of making a representation to the AGC, which is explored in detail below.
To understand why you cannot simply withdraw a police report in Malaysia, it helps to know the distinct roles played by the police, the AGC and the DPP. Research published by UNAFEI on the Malaysian criminal justice system explains the separation between investigatory and prosecutorial functions: the police investigate, and the AGC decides whether to prosecute.
Once a police report is lodged, the Investigating Officer (IO) assigned to the case has a duty to investigate the allegations. This duty exists independently of the complainant’s wishes. If the IO finds sufficient evidence that an offence has been committed, the investigation papers are referred to the DPP within the AGC for a decision on whether to charge.
The DPP exercises prosecutorial discretion, a constitutional power under Article 145 of the Federal Constitution. This discretion allows the DPP to institute, conduct, or discontinue any criminal proceedings. The complainant’s view is relevant but not decisive. The DPP weighs factors including the strength of the evidence, the public interest, the seriousness of the alleged offence, and any representations received from the parties involved.
The AGC accepts written representations from complainants, accused persons, and their lawyers through its e-Participation channels and by formal letter. DPP representations in Malaysia are assessed primarily on two grounds: the sufficiency of evidence and the public interest. If the complainant explains that the matter arose from a misunderstanding, that the parties have reconciled, or that the original facts were incomplete, the DPP may decide to take no further action (NFA). However, for serious offences, including those involving violence, fraud, or public safety, the DPP is far less likely to agree to NFA regardless of the complainant’s wishes.
It is important to note that parties cannot contractually force the withdrawal of a police report. Legal analysis published by Skrine highlights that the Malaysian High Court has held that a term in a consent judgment requiring one party to withdraw a police report is void. The court reasoned that criminal proceedings and prosecutorial discretion cannot be made subject to private agreements. This means that even in civil settlement negotiations, any clause obligating a party to “withdraw” a police report is unenforceable. If your matter involves both civil and criminal elements, for example, a contractual dispute alongside allegations of cheating, be aware that settling the civil case does not automatically stop the criminal process.
For background on how Malaysian contract law interacts with these issues, see our guide to Section 75 of the Contracts Act in Malaysia.
While you cannot technically withdraw a police report, there are several practical steps you can take to communicate your position to the authorities and influence the outcome. Below are the four main options available to a complainant who no longer wishes the matter to proceed.
Option A: Written representation to the AGC
This is the most effective route. You or your lawyer can write a formal letter to the AGC asking the DPP to take no further action on the case. The letter should be addressed to the relevant DPP handling the investigation papers. Identify the police report number, explain the background, state clearly why you believe no prosecution is warranted, and attach any supporting documents such as settlement agreements, statutory declarations, or evidence of reconciliation. Representations can also be submitted through the AGC’s e-Participation portal.
Option B: Lodge a covering report
A covering report is an additional police report made by the same complainant to provide further context, correct inaccuracies, or explain that a misunderstanding has occurred. It does not cancel the original report, but it becomes part of the investigation file and can influence the IO’s recommendation to the DPP. Covering reports are commonly used in Malaysia when the complainant wants to soften or clarify the original complaint without claiming it was entirely false.
Option C: Lodge a counter report
A counter report is a separate police report lodged against another party, often the person originally accused, alleging that the initial complaint was motivated by malice, fabrication, or instigation. Counter reports are more aggressive and are typically used when the accused person believes they were wrongly reported. Filing a counter report shifts the investigative dynamics but does not erase the original report.
Option D: Civil settlement with appropriate wording
If the dispute has a civil dimension, parties may settle and include a clause stating that the complainant “has no objection to the AGC/DPP taking no further action.” This is permissible. What is not permissible, as the Skrine analysis confirms, is a clause that directly requires the withdrawal of a police report. Lawyers involved in drafting such settlements must use careful wording to avoid unenforceable terms. If the matter involves bail considerations, see our guide to getting bail in Malaysia for related procedural steps.
Note: This is a general example only. Seek professional legal advice before submitting any representation.
“I, [Full Name], IC No. [NRIC], am the complainant in Police Report No. [Report Number] dated [Date] lodged at [Police Station]. I respectfully request the Learned Deputy Public Prosecutor to consider taking no further action on this matter for the following reasons: [state reasons, e.g., reconciliation, misunderstanding, insufficient basis]. I attach herewith [supporting documents]. I make this representation voluntarily and without coercion.”
Choosing the right course of action depends on your specific circumstances. The table below summarises the key differences between a covering report, a counter report, and a formal AGC representation (commonly referred to as “tarik balik”) to help you decide which approach is most appropriate when you want to withdraw a police report in Malaysia.
| Action | Effect on Police Record and Investigation | When to Use / Practical Outcome |
|---|---|---|
| Covering report | Original report remains on file. Police note the additional context. Investigation may continue or be adjusted based on new information. | Use when you need to explain context, correct factual inaccuracies, or indicate a misunderstanding. This is not a legal withdrawal but can soften the original complaint. |
| Counter report | A new, separate complaint is recorded against another party. The original report still exists. Can shift the investigation’s direction or open a parallel inquiry. | Use when you have evidence that the original report was fabricated or malicious, or when you wish to put the other party on notice. More confrontational than a covering report. |
| Tarik balik / written AGC representation | Police record remains intact. AGC/DPP evaluates the representation and may decide to take no action (NFA) or discontinue. No guarantee of success. | Use when you want to formally request prosecutorial discretion to stop the case. Most effective with legal representation and supporting evidence of resolution or reconciliation. |
As a practical matter, covering reports are the least confrontational and most commonly used by complainants in Malaysia who have resolved a dispute informally. Counter reports carry their own risks, if the counter-allegation is unfounded, the person filing it could face exposure to a false report offence. AGC representations are the most impactful route but require careful drafting and, in many cases, the involvement of a lawyer experienced in DPP representations.
Once the AGC receives your representation, industry observers expect the following general timeline. The DPP reviewing your case will assess the investigation papers alongside your letter. For straightforward cases, minor disputes where both parties have reconciled and the evidence is weak, a decision of no further action (NFA) may come within a few weeks to a few months. For more complex or serious offences, the process can take considerably longer, and the AGC may request additional information or conduct further consultations.
There are four realistic outcomes after you submit an AGC representation to withdraw a police report:
Crucially, the police record of the original report is never deleted. Even if NFA is directed, the report remains in the PDRM system permanently.
Anyone considering how to withdraw a police report should be aware of the serious criminal risks involved if the original report was false or if the withdrawal attempt involves dishonesty. Making a false police report is an offence in Malaysia, and enforcement authorities take it seriously.
The relevant provisions include sections of the Penal Code relating to giving false information to a public servant, fabricating false evidence, and making false reports to the police. Penalties can include imprisonment and fines. News reports in The Star and analysis on Scoop have highlighted cases where individuals who made false reports, including those who later tried to retract them, faced prosecution themselves.
In addition, any attempt to mislead the police or the AGC during the withdrawal process, for example, by submitting a false statutory declaration or fabricated evidence of settlement, could amount to perverting the course of justice, which carries even more severe penalties.
If you genuinely believe your original report was made in error or based on a misunderstanding, the safest route is to lodge a covering report honestly explaining the circumstances and to make a truthful representation to the AGC. Do not claim the incident “never happened” if it did. Do not fabricate settlement documents. Do not pressure the other party into making false statements. Transparency in your covering report and AGC representation is your best protection against being charged with a false police report offence in Malaysia.
Before you begin the process of seeking to withdraw a police report, you will need certain documents and information. Here is a practical checklist.
Getting your police report copy: You can obtain a certified copy of your police report through the PDRM e-Reporting system or by visiting the police station where the report was originally lodged. The MyBayar RMP platform allows you to pay for and retrieve a MyBayar police report copy online, which is useful if you need the document quickly for your AGC representation. Bring your NRIC and the original report reference number.
What to prepare for your AGC representation:
For other procedural steps relating to Malaysian law, including how changes to hire-purchase rules may affect related civil disputes, see our overview of the Hire Purchase (Amendment) Act in Malaysia.
Not every situation requires a lawyer, but the following circumstances strongly suggest you should instruct a criminal litigation practitioner before attempting to withdraw a police report in Malaysia:
A qualified criminal litigator can draft your AGC representation, liaise with the IO, and ensure your covering report is worded to protect your interests. You can search for experienced practitioners through the Global Law Experts lawyer directory.
Understanding how to withdraw a police report in Malaysia means accepting a fundamental legal reality: there is no automatic right of withdrawal. What exists is a structured process for communicating your position to the AGC through representations, covering reports, and counter reports. The DPP will weigh your request against the evidence and public interest before deciding whether to take no further action, discontinue, or proceed with prosecution. The process is navigable, but it requires honesty, proper documentation, and, in most serious cases, the guidance of an experienced criminal litigator. If you are considering this step, gather your documents, prepare a clear and truthful representation, and seek professional legal advice before acting.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Xavier Joachim at Xavier & Koh Partnership, a member of the Global Law Experts network.
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