Durian Tunggal police shootout: This is why no policemen were detained, charged under section 302

No policeman have arrested and charged under Section 302 of the Penal Code for the Durian Tunggal police shootout of three Indian men.

This is because the reclassification was done to widen the scope of investigation that was previously limited under section 96 to 106 of the Penal Code.

“At this stage the Royal Malaysian Police are taking action to complete their investigation papers and the papers were referred to the Attorney General’s Chambers twice, on Dec 16, 2025 and Dec 29, 2025,” said Home Minister Datuk Seri Saifuddin Nasution Ismail in a written reply.

“The case was classified under Section 302 to ensure the investigation scope is wide. However the decision to charge or free those involved depends on the instructions of the Attorney General,” added Saifuddin in response to RSN Rayer (PH-Jelutong).

Responding to the same issue raised by Teresa Kok (PH-Seputeh), Saifuddin also said that there is a dire need for clear evidence.

“It requires clear evidence that the firearm was discharged with malicious intent or (that the officers) exceeded the limits of self-defence, as provided for under Sections 96 to 106 of the Penal Code,” he said in response to parliamentary questions by Rayer and Kok.

Rajesh Nagarajan, the legal counsel to the families of the men had previously called for those involved to be arrested since the probe was re-looked from Section 302 that criminalises the act of murder.

If found guilty under Section 302, one can be jailed for 30 years or sentenced to death.

Bukit Aman also formed a special investigation team to probe the matter.

Melaka police claimed that the three were robbers but a phone recording proved that the trio were murdered execution style allegedly by the police.