Section 448 Penal Code

On 4 September 2010, my ex-wife came with 9 other people and forced their way into my house. They practically emptied the house and evicted me.

Immediately after the incident, I lodged a police report. Much to my surprise, I was summoned by the Police sometime in October 2010 to appear before IPD Shah Alam to have my statement recorded. Naturally I obliged.

I was rather doubtful that the police would take action on this matter. Afterall my ex-wife could argue that this is a syariah court matter that has yet to be decided and the police would usually not take action unless it is a clearcut criminal offence.

Much to my surprise, the investigating officer (IO) informed me that the police are investigating the matter under Section 448 of the Penal Code, i.e. for House Trespass. The IO seemed confident. Notwithstanding this, I still had my doubts.

After about 2 months, I heard nothing from the IO. My lawyers wrote to the police asking for an update. In response, the police notified us that the investigation was still ongoing.

Another 2 months passed and to the best of my knowledge nothing happened. This time I decided to write to the police on 23 February 2011 asking for an update.

On 28 March 2011, I received the following letter from the IPK Selangor

"Dengan Segala hormatnya saya diarah untuk merujuk kepada surat tuan bertarikh 23 Februari 2011 mengenai perkara di atas.

2. Dimaklumkan bahawa kertas siasatan berkaitan laporan ini iaitu Shah Alam IP:xxxx/2010 telah dirujuk kepada Timbalan Pendakwa Raya Selangor pada 18 Mac 2011 dengan arahan untuk menuduh Suspek atas kesalahan Pencerobohan Rumah di bawah Seksyen 448 Kanun Keseksaan.

3. Sekian dimaklumkan, terima kasih."


I was speechless.

Looking back, my initial doubt(s) was probably due to the fact that I had assumed that the police would investigate my ex-wife for robery or stealing.

But for trespass?

Again looking back, it was wrong for her to force her way into the house. Consider this simple question - can we simply break into a tenanted property even though we own it?

Furthermore, it has to be said that the Ex-Parte Court Order used by my ex-wife to gain entry into the house was no longer enforcable. Moreover, her lawyer(s) had failed to advise her and had disregarded the proper procedures as provided for by law to gain entry into the house.

• First of all, Section 154 of Enakmen Tatacara Mal Mahkamah Syariah (Negeri Selangor) 2003 states that one requires the Court's permission to enforce the order.
• Secondly, Section 159 of the same enactment states that specific details about the items (to be seized) needs to be listed down in the enforcement order.
• Finally, Section 165 of the enactment states that a Bailiff can only break into a house with the Court's permission.

No court order is above the law.

As a result of being ill-advised (or most likely with ill-intent), my ex-wife is now faced with the prospect of being slapped with a criminal record.