Studying Civil Suits Commenced Arising Out Of Assault and Custodial Death in Malaysia


Dr. Gan Chee Keong ,

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Volume 8 - February 2019 (02)


When assault and death in custody had occurred, and the evidence strongly suggests that the assault and death are caused by police brutality, the wrongful exercise of their powers, or negligence, then the family members are entitled to sue the police officer and government over the assault and custodial death. In this article, the writer will study the civil suit commenced arising out of assault and custodial death by exploring the causes of action, assessment of damages, proceedings against government and judicial responses in this area


Assault, Custodial Deaths, Cause of Action, Damages, Judicial Trends 


i.          Gary Chan Kok Yew & Lee Pey Woan. (2016). The Law of Torts in Singapore. Singapore: Academy Publishing. 

ii.   Anon. (2017). Battery. [online] Lexis Malaysia. Available at: [Accessed 22/7/2017].

iii.        Lim Heng Seng. (1995). Assessment of Damages in Personal Injury and Fatal Accident Claims: Principles and Practice. Kuala Lumpur: Marsden Law Book Sdn Bhd.

iv.        Mahyuddin Daud (2011). “Proceedings Against the Government by Members of the Armed Forces: A Comparison in Practice Between the United Kingdom, United States of America and Malaysia.” Malayan Law Journal 6: xlv-li.

v.         Datuk Dr. Hj. Hamid Sultan Bin Abu Backer. (2012). Civil Procedure: Combined Rules (The Rules of Court 2012 Annexed). Kuala Lumpur: Janab (M) Sdn Bhd.

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