Against whom a credible information has been received

Credible information means information that is reliable or can be believed. According to Sidhu (2008),
credible information means that the information received by the police has to be reliable. A plain
allegation without any other concrete evidence is not considered to be credible information.

In the case of Hashim bin Daud v Yahya bin Hashim & Anor [1977] 1 MLJ 259, it was held that the
information must be credible before arrest can be made. In this case, the plaintiff was arrested by an
officer in charge of the police station as instructed by the first defendant, without a warrant and based
on the information given by an informant regarding a stolen cement mixer. The police obtained
remand order for further investigation. The plaintiff brought an action against the defendants for
wrongful detention. It was held that the information against the plaintiff was credible in that in
previous cases, information given by the informant was proved to be reliable as it led to arrests,
prosecution and convictions and thus arrest of the plaintiff was lawful based on credible information
and reasonable suspicion.

Due to the facts, it shall be ensured that the information received is a credible information, not a bare
assertion. Which means, the police officer must have definite information that a certain person is in
possession of an implement of housebreaking before arresting the person. Absence of such
information or knowledge, means the arrest would be illegal and the person has a right of private
defence against it, even though the implement of housebreaking was subsequently found on
searching the person after the arrest. Refer to the case of Emperor v Abdul Hamim AIR 1942 All 74.