Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Genuine vs Forged Stamps and Documents - Even if a stamp appears genuine, its authenticity is confirmed by presence in the MyIMMs (Malaysian Immigration System) database. If the stamp or document is not found in MyIMMs, it is considered forged, which is a legally recognized standard. Multiple sources emphasize the importance of database verification: ["
Jefren bin Mohamed Razali vs v Dato Seri Hj Mustafar bin Hj Ali (disaman dalam kapasiti sebagai Pengerusi Lembaga Tatatertib Kumpulan Sokongan (No 1) Jabatan Imigresen Malaysia) & Ors - High Court
"], [](https://supremetoday.ai/doc/judgement/MY_MLRH_2022_3_MLRH_452), ["JEFREN MOHAMED RAZALI vs DATO SERI MUSTAFAR ALI & ORS - High Court
"]. Specifically, the absence of verification or record in MyIMMs leads to the conclusion that the document or stamp is forged or invalid.Legal Authority and Verification Processes - The Malaysian Immigration Department relies on the MyIMMs system for verification. The lack of fingerprint verification and database entry at the time of application suggests procedural lapses and supports the presumption of forgery when records are missing ["
Jefren bin Mohamed Razali vs v Dato Seri Hj Mustafar bin Hj Ali (disaman dalam kapasiti sebagai Pengerusi Lembaga Tatatertib Kumpulan Sokongan (No 1) Jabatan Imigresen Malaysia) & Ors - High Court
"], [](https://supremetoday.ai/doc/judgement/MY_MLRH_2022_3_MLRH_452). The courts have recognized that the absence of a record in MyIMMs, especially when corroborated with official communication (e.g., from the National Registration Department stating a particular identity number does not exist), constitutes strong evidence of forgery or non-genuineness ["JEFREN MOHAMED RAZALI vs DATO SERI MUSTAFAR ALI & ORS - High Court
"].Legal Authority for Forgery as a Crime - Malaysian law considers forged documents or stamps as criminal offenses. For example, under Section 417 of the IPC, using forged electronic records or documents is punishable, and the absence of a record in official databases like MyIMMs can be used as evidence of forgery ["MY_MLRH_2017_5_MLRA_"] and related cases. Courts have held that forged stamps or documents produced by individuals with known criminal backgrounds are inadmissible and constitute criminal forgery ["
JEFREN MOHAMED RAZALI vs DATO SERI MUSTAFAR ALI & ORS - High Court
"], ["GIAN SINGH & CO LTD vs BANQUE DE L INDOCHINE
"].Implications for Immigration and Legal Proceedings - The consistent legal stance is that the integrity of immigration documents hinges on database verification. If a stamp or document is not in the MyIMMs database, it is legally presumed forged, and such evidence is sufficient to uphold charges of forgery or invalidity, as supported by multiple judicial decisions ["
Jefren bin Mohamed Razali vs v Dato Seri Hj Mustafar bin Hj Ali (disaman dalam kapasiti sebagai Pengerusi Lembaga Tatatertib Kumpulan Sokongan (No 1) Jabatan Imigresen Malaysia) & Ors - High Court
"], [](https://supremetoday.ai/doc/judgement/MY_MLRH_2022_3_MLRH_452), ["JEFREN MOHAMED RAZALI vs DATO SERI MUSTAFAR ALI & ORS - High Court
"].Analysis and Conclusion:The provided sources establish that in Malaysian immigration law and practice, the absence of a stamp or document in the MyIMMs database is a definitive indicator of forgery. This standard is supported by legal authorities, official communications, and judicial rulings, making the verification process through MyIMMs a crucial legal authority. Therefore, even if a stamp appears genuine, if it is not recorded or verifiable in the MyIMMs system, it is considered forged under Malaysian law.
In the world of international travel and immigration, few things are as critical as the stamps in your passport. They serve as official proof of entry, exit, or visa approvals. But what happens when a stamp appears genuine yet raises doubts? A common question arises: Even if a stamp appears genuine, if it is not found in the (Malaysian Immigration System) database, is it considered forged? What legal authority supports this?
This issue is particularly relevant for travelers, expatriates, and legal professionals dealing with Malaysian immigration matters. In this post, we'll dive into the legal framework, verification processes, and precedents that generally treat unverified stamps as forged. Note: This is general information based on available documents and not specific legal advice. Consult a qualified lawyer for your situation.
The (Malaysian Immigration System) is a centralized, highly secure database managed by Malaysian immigration authorities. It integrates with the to store (fingerprints, iris scans), demographic details, photos, and crucially, immigration stamps and records.
According to official documentation, The storage involves , logical partitioning, fire walling and anonymisation of decrypted . ... The templates of finger prints and iris data are generated in ISO format and the same along with demographic data and photo are stored securely in the authentication server database. 2018 7 Supreme 129 This system is a Protected System under relevant Malaysian law, with strict access controls to prevent forgery or unauthorized alterations. 2018 7 Supreme 129
Every legitimate immigration action—such as passport applications or stamp endorsements—must be entered into by authorized officers using unique IDs and passwords. As noted in a Malaysian case, Apabila PMA dibuat oleh individu tertentu, data permohonan akan dimasukkan ke dalam sistem . Setiap Pegawai Imigresen yang terlibat dengan mempunyai ID dan kata laluan.
Yes, generally, a stamp that appears genuine but is absent from the database is considered forged. The authenticity of an immigration stamp is intrinsically linked to its verifiable presence in this official system. Without a record, it lacks the official registration required for validity. 2018 7 Supreme 129
Forgery under Malaysian law (and aligned principles) involves the false making or material alteration of a document with intent to deceive. 2009 0 Supreme(SC) 925 An unrecorded stamp fits this definition because it wasn't issued through the secure, centralized process. The system's design ensures that If data packets are lost or stolen the biometric information regarding the same cannot be accessed. 2018 7 Supreme 129 Thus, no legitimate stamp can exist outside the database.
This principle is reinforced by the system's security: end-to-end encryption and centralized management make it impossible to produce a genuine stamp without proper registration. 2018 7 Supreme 129
To check a stamp:- Scan or input details into .- Cross-reference with biometric and demographic data.- Confirm match in the secure authentication server.
If no match: The stamp is typically deemed invalid and forged. This has serious implications, including charges for using . 2009 0 Supreme(SC) 925
Similar logic appears in other jurisdictions where database absence proves inauthenticity:- In an Indian case involving educational certificates, when the authority... had made it clear that no such Roll No or data is available in their database, it is clear that that certificates are not genuine one. 2024 Supreme(Online)(CAT) 8575- For forged currency or stamps, courts have held that possession alone isn't enough without proof of knowledge, but database non-verification strengthens forgery claims. 2020 0 Supreme(Chh) 256 2017 0 Supreme(Cal) 276
In Malaysia, immigration officers' mishandling of records (e.g., misappropriating fees while logging applications) underscores the system's integrity—any bypass indicates fraud.
However, not all cases automatically convict on appearance alone. One ruling noted that for a Nepalese immigration stamp, lack of a forensic report meant charges under weren't sustained, emphasizing need for evidence. 2025 0 Supreme(Del) 483
While the default stance favors treating unverified stamps as forged, exceptions may apply:- Alternative verification: If confirmed through other lawful means (e.g., manual records in exceptional cases), it might be accepted. But documents don't specify statutory exceptions for -unrecorded stamps. 2018 7 Supreme 129- No fraudulent intent: Mere possession without knowledge doesn't always constitute an offense, as in cases where forged notes were returned without use. 2020 0 Supreme(Chh) 256- Disputed documents: Courts may allow evidence for collateral purposes if stamp duty issues are resolved, but core authenticity hinges on official records.
2007 0 Supreme(Mad) 218
In stamp paper disputes, uncertainty about genuineness (e.g., unclear treasury seals) doesn't blame the party if proper fees were paid, but immigration stamps demand stricter database proof. 2007 0 Supreme(Mad) 218
To avoid issues:- Always verify via : Travelers and employers should request official database checks for visas/stamps.- Treat absence as red flag: In disputes, this is often conclusive evidence of forgery.- Immigration officers: Mandate cross-checks in procedures. 2018 7 Supreme 129- Legal steps: If facing charges, gather alternative proofs early, but prioritize official verification.
For businesses hiring foreigners, integrate checks into onboarding to prevent forgery-related liabilities.
In conclusion, while a stamp may look real, Malaysian immigration law generally views its absence from as proof of forgery. Staying compliant means embracing digital verification. For personalized guidance, reach out to immigration experts or counsel.
: usage in passport apps.
He was found guilty of having approved an application for a Malaysian International Passport by an applicant who used a forged national identity card. He was dismissed. He commenced judicial review proceedings to quash this decision and to be reinstated. ... [58]In the case of Harlizah binti Jamans application, it was tracked down to the Applicant as having processed this application (Enclosure 12 paragraph 9 exhibit KD-3) on the material date of 22 March 2016 using the MyImms #HL_STA....
He was found guilty of having approved an application for a Malaysian International Passport by an applicant who used a forged national identity card. He was dismissed. He commenced judicial review proceedings to quash this decision and to be reinstated. ... MylMMS System. ... [36] Besides these documents, they reviewed their department's MyIMMS computer system and it was established that there was no verification of the thumbprint of the applicant at the time of the....
He was found guilty of having approved an application for a Malaysian International Passport by an applicant who used a forged national identity card. He was dismissed. He commenced judicial review proceedings to quash this decision and to be reinstated. ... ) the letter dated 21 September 2016 from the National Registration Department to the Malaysian Immigration Department saying inter alia that Harlizah Binti Jaman's MyKad No 891208-14-5058 does not exist (encl 12 ....
Using as genuine a forged document or electronic record. ... Thus, in the considered opinion of this Court, even the ingredients of the Section 417 of the IPC are not made out. 23. In the aforesaid facts and circumstances, the present petition is allowed. ... So far as Mark X1 at page 33 is concerned, it is noted that the same relates to immigration stamp of Nepalese Authority. Admittedly, there is no report from the said #HL_STAR....
case of Thailand, and "the validity of such order shall not be questioned in any legal proceedings whatsoever". ... [65] Under Malaysian law, even for simple forgery, the offence is punishable with imprisonment which may extend to three years. ... exit stamp of the immigration officials), having counterfeit passports for distribution, and taking by stealth or receiving stolen property. ... documents (imprints of the exit stamp of the immigration o....
Periasamy & Anor [1995] 2 MLRA 432; [1995] 3 MLJ 395; [1996] 4 CLJ 545; [1996] 3 AMR 3506 telah memutuskan berkenaan peranan Mahkamah ini dalam menjalankan bidang kuasa rayuannya seperti berikut: 409 makes this perfectly clear. In a href="../legislationSectionDisplayed.aspx? ... [5] Apabila PMA dibuat oleh individu tertentu, data permohonan akan dimasukkan ke dalam sistem MyImms Setiap Pegawai Imigresen yang terlibat dengan MyImms mempunyai ID dan kata laluan ... Perayu Pertama mengatakan bahawa IDnya di sistem MyIMMS t....
From the above scenario, when the authority of the National Institute of Open Schooling who is a competent authority to issue certificate had made it clear that no such Roll No or data is available in their database, it is clear that that certificates are not genuine one. ... the National Institute of Open Schooling vide their letter dated 15.05.2018 and 09/09/2019 (Annexure A7) had communicated that the Roll No. and data does not exist in their database, which means....
If it is found in the trial that the stamp papers in question are forged, then the amount so to be deposited with the registering authority, shall be handed over to the appropriate authority, viz. the State Government. ... In the event, it is found that the stamp papers are genuine, obviously the amount so to be deposited, shall be returned to be appellants/petitioners.” 5. ... It appears that the said deed was impounded by the poli....
Thirdly the certificate and the forged passport were produced by a person of known criminal character who was wanted by the Singapore immigration authorities. ... I have been referred to no authority, and I have found none, in which this (de minimis) rule has ever been applied as between a buyer and his bank, or between a confirming bank and the beneficiary seller, and there are indeed quite definite indications that the rule should not be so applied. ... The trial Judge foun....
Thirdly the certificate and the forged passport were produced by a person of known criminal character who was wanted by the Singapore immigration authorities. ... I have been referred to no authority, and I have found none, in which this (de minimis) rule has ever been applied as between a buyer and his bank, or between a confirming bank and the beneficiary seller, and there are indeed quite definite indications that the rule should not be so applied. ... The trial Judge foun....
It is not the Society's case that the signature on the transfer deeds is not genuine or that the stamp is not genuine. The Society does not make out the case that the alleged fraud that was discovered in 2010 could not have been discovered earlier.
In these circumstances, even if for the sake of argument, it is considered that those 3 currency notes were forged, which were kept by the Appellant, it is not established that the Appellant tried to use them as genuine knowing and having reason to believe the same to be forged. It was further submitted that according to the statement of Ashok Kumar Yadav (PW2), on finding the said 3 currency notes to be forged, he had returned the same to the Appellant and he had suggested him to return the same to the person from which he had received. Thus, the offence under Sections 489....
Hence, it is not possible to relate samples of stamp papers found to be forged to respective appellants. Hence, I am of the view that the irregularities pointed out in the matter of custody of the FICNs or the fake stamp papers do not affect the live link between the articles seized from the possession of the appellants on the one hand to those examined by the expert on the other hand. It is, however, true that some of the stamp papers sent for examination were found to be genuine. It is also relevant to note that samples had been collected from the articles that were seize....
In the matter of Avinash Kumar Chauhan Vs. Vijay Krishna Mishra, (2009) 2 SCC 532, Their Lordships of the Supreme Court have also held that there is no prohibition under Section 49 of the Registration Act to receive unregistered document in evidence for collateral purpose but document so tendered should be duly stamped or should comply with the requirement of Section 35 of the Indian Stamp Act. If not stamped, document cannot be received in evidence even for collateral purpose unless it is duly stamped or stamp duty and penalty are paid under Section 35 of the Indian Stamp Act.#HL_....
Even now we cannot say with certainty whether it is bogus or genuine stamp papers. However, the fact remains that the proper court fee was paid as on 22. But for the reasons that the stamp papers does not bear clear treasury seal with dates, a party cannot be blamed for the same, because he may not be aware whether it is genuine stamp or bogus stamp papers.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
