act-2023-574 | laws.my

Penal Code 1

REPRINT Act 574 As at 4 July 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 Laws of Malaysia 2 Act 574 First enacted … … … 1936 (F.M.S. Cap. 45) Revised … … … 1997 (Act 574 w.e.f. 7 August 1997) Latest amendment made by Act 846 which came into operation on … … … 4 July 2023 Previous Reprints First Reprint … … … 2002 Second Reprint … … … 2006 Third Reprint … … … 2009 Fourth Reprint … … … 2018 Penal Code 3 Act 574 ARRANGEMENT OF SECTIONS

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PRELIMINARY

Section

Section 1

Short title

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Section 2

Punishment of offences committed within Malaysia

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Section 3

Punishment of offences committed beyond, but which by law may be tried within Malaysia

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Section 4

Extension of Code to extraterritorial offences

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Section 5

Certain laws not to be affected by this Code

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GENERAL EXPLANATIONS

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Section 6

Definitions in the Code to be understood subject to exceptions

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Section 7

Expression once explained is used in the same sense throughout the Code

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Section 8

“Gender”

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Section 9

“Number”

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Section 10

“Man” and “woman”

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Section 11

“Person”

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Section 12

“Public”

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Section 13

(Deleted)

(There are no ss. 14–16)

Section 17

“Government”

(There is no s. 18) Laws of Malaysia 4 Act 574 Section

Section 19

“Judge”

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Section 20

“Court”

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Section 21

“Public servant”

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Section 22

“Movable property”

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Section 23

“Wrongful gain” and “wrongful loss”

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Section 24

“Dishonestly”

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Section 25

“Fraudulently”

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Section 26

“Reason to believe”

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Section 27

“Property in possession of wife, clerk or servant”

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Section 28

“Counterfeit”

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Section 29

“Document”

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Section 30

“Valuable security”

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Section 31

“A will”

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Section 32

Words referring to acts include illegal omissions

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Section 33

“Act” and “omission”

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Section 34

Each of several persons liable for an act done by all, in like manner as if done by him alo...

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Section 35

When such an act is criminal by reason of its being done with a criminal knowledge or inten...

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Section 36

Effect caused partly by act and partly by omission

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Section 37

Cooperation by doing one of several acts constituting an offence

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Section 38

Several persons engaged in the commission of a criminal act, may be guilty of different off...

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Section 39

“Voluntarily”

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Section 40

“Offence”

(There are no ss. 41–42)

Section 43

“Illegal”, “unlawful” and “legally bound to do”

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Section 44

“Injury”

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Section 45

“Life”

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Section 46

“Death”

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Section 47

“Animal”

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Section 48

“Vessel”

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Section 49

“Year” and “month”

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Section 50

“Section”

Penal Code 5 Section

Section 51

“Oath”

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Section 52

“Good faith”

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Section 52a

“Non-serious offence”

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Section 52b

“Serious offence”

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PUNISHMENTS

53–55. (Deleted) (There is no s. 56)

Section 57

Fractions of terms of punishment

(There is no s. 58) 59–60. (Deleted) (There are no ss. 61–62) 63–64. (Deleted) (There are no s. 65) 66–70. (Deleted)

Section 71

Limit of punishment of offence which is made up of several offences

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Section 72

Punishment of a person found guilty of one of several offences, the judgment stating that i...

(Deleted)

Section 75

Punishment of persons convicted, after a previous conviction of an offence punishable with...

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Section 75a

Punishment of mandatory imprisonment for persons convicted of multiple serious offences

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GENERAL EXCEPTIONS

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Section 76

Act done by a person bound, or by mistake of fact believing himself bound, by law

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Section 77

Act of Judge when acting judicially

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Section 78

Act done pursuant to the judgment or order of a Court

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Section 79

Act done by a person justified, or by mistake of fact believing himself justified by law

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Section 80

Accident in the doing of a lawful act

Laws of Malaysia 6 Act 574

Section 81

Act likely to cause harm but done without a criminal intent, and to prevent other harm

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Section 82

Act of a child under 10 years of age

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Section 83

Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity...

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Section 84

Act of a person of unsound mind

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Section 85

Intoxication when a defence

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Section 86

Effect of defence of intoxication when established

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Section 87

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

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Section 88

Act not intended to cause death, done by consent in good faith for the benefit of a person

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Section 89

Act done in good faith for the benefit of a child or person of unsound mind, by or by conse...

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Section 90

Consent known to be given under fear or misconception and consent of a child or person of u...

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Section 91

Acts which are offences independently of harm caused to the person consenting, are not with...

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Section 92

Act done in good faith for the benefit of a person without consent

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Section 93

Communication made in good faith

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Section 94

Act to which a person is compelled by threats

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Section 95

Act causing slight harm

Right of Private Defence

Section 96

Nothing done in private defence is an offence

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Section 97

Right of private defence of the body and of property

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Section 98

Right of private defence against the act of a person of unsound mind

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Section 99

Acts against which there is no right of private defence 100.

When the right of private defence of the body extends to causing death 101. When such right extends to causing any harm other than death 102. Commencement and continuance of the right of private defence of the body 103. When the right of private defence of property extends to causing death Section Penal Code 7

Section 104

When such right extends to causing any harm other than death

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Section 105

Commencement and continuance of the right of private defence of property

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Section 106

Right of private defence against a deadly assault when there is risk of harm to an innocent...

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ABETMENT

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Section 107

Abetment of a thing

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Section 108

Abettor 108a.

Abetment in Malaysia of offences outside Malaysia

Section 109

Punishment of abetment if the act abetted is committed in consequence, and where no express...

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Section 110

Punishment of abetment if the person abetted does the act with a different intention from t...

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Section 111

Liability of abettor when one act is abetted and a different act is done

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Section 112

Abettor, when liable to cumulative punishment for act abetted and for act done

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Section 113

Liability of abettor for an offence caused by the act abetted different from that intended...

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Section 114

Abettor present when offence committed

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Section 115

Abetment of an offence punishable with death or imprisonment for life

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Section 116

Abetment of an offence punishable with imprisonment

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Section 117

Abetting the commission of an offence by the public, or by more than ten persons

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Section 118

Concealing a design to commit an offence punishable with death or imprisonment for life

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Section 119

A public servant concealing a design to commit an offence which it is his duty to prevent

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Section 120

Concealing a design to commit an offence punishable with imprisonment

Chapter Va CRIMINAL CONSPIRACY

Section 120a

Definition of criminal conspiracy 120b.

Punishment of criminal conspiracy Section Laws of Malaysia 8 Act 574

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OFFENCES AGAINST THE STATE

Section

Section 121

Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan...

Offences against the person of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri 121b. Offences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri 121c. Abetting offences under section 121a or 121b 121d. Intentional omission to give information of offences against section 121, 121a, 121b or 121c by a person bound to inform

Section 122

Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong,...

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Section 123

Concealing with intent to facilitate a design to wage war

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Section 124

Assaulting Member of Parliament, etc., with intent to compel or restrain the exercise of an...

(Deleted)

Section 124b

Activity detrimental to parliamentary democracy 124c.

Attempt to commit activity detrimental to parliamentary democracy 124d. Printing, sale, etc., of documents and publication detrimental to parliamentary democracy 124e. Possession of documents and publication detrimental to parliamentary democracy 124f. Importation of document and publication detrimental to parliamentary democracy 124g. Posting of placards, etc.

Section 124h

Dissemination of information 124i.

Dissemination of false reports 124j. Receipt of document and publication detrimental to parliamentary democracy 124k. Sabotage 124l. Attempt to commit sabotage 124m. Espionage 124n. Attempt to commit espionage

Section 125

Waging war against any power in alliance with the Yang di-Pertuan Agong

Penal Code 9 125a. Harbouring or attempting to harbour any person in Malaysia or person residing in a foreign State at war or in hostility against the Yang di-Pertuan Agong

Section 126

Committing depredation on the territories of any power at peace with the Yang di-Pertuan Ag...

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Section 127

Receiving property taken by war or depredation mentioned in sections 125 and 126

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Section 128

Public servant voluntarily allowing prisoner of State or war in his custody to escape

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Section 129

Public servant negligently suffering prisoner of State or war in his custody to escape

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Section 130

Aiding escape of, rescuing, or harbouring such prisoner 130a.

Interpretation of this Chapter Chapter VIa OFFENCES RELATING TO TERRORISM

Section 130b

Interpretation in relation to this Chapter

Suppression of terrorist acts and support for terrorist acts 130c. Committing terrorist acts 130d. Providing devices to terrorist groups 130e. Recruiting persons to be members of terrorist groups or to participate in terrorist acts 130f. Providing training and instruction to terrorist groups and persons committing terrorist acts 130fa. Receiving training and instruction from terrorist groups and persons committing terrorist acts 130fb. Attendance at place used for terrorist training 130g. Inciting, promoting or soliciting property for the commission of terrorist acts 130h. Providing facilities in support of terrorist acts 130i. Directing activities of terrorist groups 130j. Soliciting or giving support to terrorist groups or for the commission of terrorist acts Section Laws of Malaysia 10 Act 574 130ja. Travelling to, through or from Malaysia for the commission of terrorist acts in foreign country 130jb. Possession, etc. of items associated with terrorist groups or terrorist acts 130jc. Offence to build, etc. conveyance for use in terrorist acts 130jd. Preparation of terrorist acts

Section 130k

Harbouring persons committing terrorist acts 130ka.

Member of a terrorist group

Section 130l

Criminal conspiracy

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Section 130m

Intentional omission to give information relating to terrorist acts

Suppression of financing of terrorist acts

Section 130n

Providing or collecting property for terrorist acts

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Section 130o

Providing services for terrorist purposes

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Section 130p

Arranging for retention or control of terrorist property

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Section 130q

Dealing with terrorist property 130qa.

Accepting gratification to facilitate or enable terrorist acts

Section 130r

Intentional omission to give information about terrorist property

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Section 130s

Intentional omission to give information relating to terrorism financing offence

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Section 130t

Offences by body corporate 130ta.

Non-application of Offenders Compulsory Attendance Act 1954 and sections 173a, 293 and 294 of the Criminal Procedure Code Chapter VIb ORGANIZED CRIME

Section 130u

Interpretation in relation to this Chapter

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Section 130v

Member of an organized criminal group

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Section 130w

Assisting an organized criminal group

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Section 130x

Harbouring member of an organized criminal group

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Section 130y

Consorting with an organized criminal group

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Section 130z

Recruiting persons to be members of an organized criminal group

Section Penal Code 11 130za. Participation in an organized criminal group 130zb. Accepting gratification to facilitate or enable organized criminal activity 130zc. Enhanced penalties for offences committed by an organized criminal group or member of an organized criminal group

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OFFENCES RELATING TO THE ARMED FORCES

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Section 131

Abetting mutiny, or attempting to seduce a soldier or sailor from his duty

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Section 132

Abetment of mutiny, if mutiny is committed in consequence thereof

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Section 133

Abetment of an assault by a soldier or sailor on his superior officer, when in the executio...

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Section 134

Abetment of such assault if the assault is committed

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Section 135

Abetment of the desertion of a soldier, sailor or airman

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Section 136

Harbouring a deserter

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Section 137

Deserter concealed on board merchant vessel through negligence of master

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Section 138

Abetment of act of insubordination by a soldier, sailor or airman

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Section 139

Persons subject to Articles of War not punishable under this Code

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Section 140

Wearing the dress of a soldier, sailor or airman

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Section 140a

“Harbour”

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Section 140b

Application of Chapter VII

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OFFENCES AGAINST THE PUBLIC TRANQUILLITY

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Section 141

Unlawful assembly

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Section 142

Being a member of an unlawful assembly

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Section 143

Punishment

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Section 144

Possessing weapons or missiles at unlawful assemblies

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Section 145

Joining or continuing in an unlawful assembly, knowing that it has been commanded to disper...

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Section 146

Force used by one member in prosecution of common object

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Section 147

Punishment for rioting

Section Laws of Malaysia 12 Act 574

Section 148

Possessing weapons or missiles at riot

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Section 149

Every member of an unlawful assembly to be deemed guilty of any offence committed in prosec...

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Section 150

Hiring, or conniving at hiring, of persons to join an unlawful assembly

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Section 151

Knowingly joining or continuing in any assembly of five or more persons after it has been c...

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Section 152

Assaulting or obstructing public servant when suppressing riot, etc.

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Section 153

Wantonly giving provocation, with intent to cause riot 153a.

(Deleted)

Section 154

Owner or occupier of land on which an unlawful assembly is held

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Section 155

Liability of person for whose benefit a riot is committed

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Section 156

Liability of agent of owner or occupier for whose benefit a riot is committed

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Section 157

Harbouring persons hired for an unlawful assembly

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Section 158

Being hired to take part in an unlawful assembly or riot, or to go armed

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Section 159

Affray

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Section 160

Punishment for committing affray

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OFFENCES BY, OR RELATING TO, PUBLIC SERVANTS

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Section 161

Public servant taking a gratification, other than legal remuneration, in respect of an offi...

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Section 162

Taking a gratification in order, by corrupt or illegal means, to influence a public servant

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Section 163

Taking a gratification, for the exercise of personal influence with a public servant

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Section 164

Punishment for abetment by public servant of the offences above defined

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Section 165

Public servant obtaining any valuable thing, without consideration, from person concerned i...

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Section 166

Public servant disobeying a direction of the law, with intent to cause injury to any person

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Section 167

Public servant framing an incorrect document with intent to cause injury

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Section 168

Public servant unlawfully engaging in trade

Section Penal Code 13

Section 169

Public servant unlawfully buying or bidding for property

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Section 170

Personating a public servant

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Section 171

Wearing garb or carrying token used by public servant with fraudulent intent

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Text

CONTEMPTS OF THE LAWFUL AUTHORITY OF

PUBLIC SERVANTS

Section 172

Absconding to avoid service of summons or other proceeding from a public servant

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Section 173

Preventing service of summons or other proceeding, or preventing publication thereof

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Section 174

Non-attendance in obedience to an order from a public servant

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Section 175

Omission to produce a document to a public servant by a person legally bound to produce suc...

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Section 176

Omission to give notice or information to a public servant by a person legally bound to giv...

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Section 177

Furnishing false information

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Section 178

Refusing oath when duly required to take oath by a public servant

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Section 179

Refusing to answer a public servant authorized to question

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Section 180

Refusing to sign statement

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Section 181

False statement on oath to public servant or person authorized to administer an oath

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Section 182

False information, with intent to cause a public servant to use his lawful power to the inj...

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Section 183

Resistance to the taking of property by the lawful authority of a public servant

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Section 184

Obstructing sale of property offered for sale by authority of a public servant

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Section 185

Illegal purchase or bid for property offered for sale by authority of a public servant

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Section 186

Obstructing public servant in discharge of his public functions

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Section 187

Omission to assist public servant when bound by law to give assistance

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Section 188

Disobedience to an order duly promulgated by a public servant

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Section 189

Threat of injury to a public servant

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Section 190

Threat of injury to induce any person to refrain from applying for protection to a public s...

Section Laws of Malaysia 14 Act 574

Text

FALSE EVIDENCE AND OFFENCES AGAINST

PUBLIC JUSTICE Section

Section 191

Giving false evidence

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Section 192

Fabricating false evidence

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Section 193

Punishment for false evidence

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Section 194

Giving or fabricating false evidence with intent to procure conviction of a capital offence

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Section 195

Giving or fabricating false evidence with intent to procure conviction of an offence punish...

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Section 196

Using evidence known to be false

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Section 197

Issuing or signing a false certificate

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Section 198

Using as a true certificate one known to be false in a material point

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Section 199

False statement made in any declaration which is by law receivable as evidence

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Section 200

Using as true any such declaration known to be false

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Section 201

Causing disappearance of evidence of an offence committed, or giving false information touc...

No text is available for this node.

Section 202

Intentional omission, by a person bound to inform, to give information of an offence

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Section 203

Giving false information respecting an offence committed 203a.

Disclosure of information

Section 204

Destruction of document to prevent its production as evidence

No text is available for this node.

Section 205

False personation for the purpose of any act or proceeding in a suit

No text is available for this node.

Section 206

Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in...

No text is available for this node.

Section 207

Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a de...

No text is available for this node.

Section 208

Fraudulently suffering a decree for a sum not due

No text is available for this node.

Section 209

Dishonestly making a false claim before a Court

No text is available for this node.

Section 210

Fraudulently obtaining a decree for a sum not due

No text is available for this node.

Section 211

False charge of offence made with intent to injure

No text is available for this node.

Section 212

Harbouring an offender

No text is available for this node.

Section 213

Taking gifts, etc., to screen an offender from punishment

No text is available for this node.

Section 214

Offering gift or restoration of property in consideration of screening offender

Penal Code 15

Section 215

Taking gift to help to recover stolen property, etc.

No text is available for this node.

Section 216

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered...

Harbouring robbers or gang-robbers, etc.

Section 216b

“Harbour”

No text is available for this node.

Section 217

Public servant disobeying a direction of law with intent to save person from punishment, or...

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Section 218

Public servant framing an incorrect record or writing with intent to save person from punis...

No text is available for this node.

Section 219

Public servant in a judicial proceeding corruptly making an order, report, etc., which he k...

No text is available for this node.

Section 220

Commitment for trial or confinement by a person having authority who knows that he is actin...

No text is available for this node.

Section 221

Intentional omission to apprehend on the part of a public servant bound by law to apprehend

No text is available for this node.

Section 222

Intentional omission to apprehend on the part of a public servant bound by law to apprehend...

No text is available for this node.

Section 223

Escape from confinement negligently suffered by a public servant and facilitating or enabli...

No text is available for this node.

Section 224

Resistance or obstruction by a person to his lawful apprehension

No text is available for this node.

Section 225

Resistance or obstruction to the lawful apprehension of another person 225a.

Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for 225b. Offences against laws of Malaysia where no special punishment is provided

Section 226

(Deleted)

No text is available for this node.

Section 227

Violation of condition of remission of punishment

No text is available for this node.

Section 228

Intentional insult or interruption to a public servant sitting in any stage of a judicial p...

No text is available for this node.

Section 229

Personation of a juror or assessor

No text is available for this node.

Text

OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

No text is available for this node.

Section 230

Interpretation

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Section 231

(Deleted)

No text is available for this node.

Section 232

Counterfeiting coin

Section Laws of Malaysia 16 Act 574

Section 233

(Deleted)

No text is available for this node.

Section 234

Making or selling instrument for counterfeiting coin

No text is available for this node.

Section 235

Possession of instrument or material for the purpose of using the same for counterfeiting c...

No text is available for this node.

Section 236

Abetting in Malaysia the counterfeiting of coin out of Malaysia

No text is available for this node.

Section 237

(Deleted)

No text is available for this node.

Section 238

Import or export of counterfeit coin

No text is available for this node.

Section 239

(Deleted)

No text is available for this node.

Section 240

Delivery of coin, possessed with the knowledge that it is counterfeit

No text is available for this node.

Section 241

Delivery to another of coin as genuine, which when first possessed the deliverer did not kn...

No text is available for this node.

Section 242

(Deleted)

No text is available for this node.

Section 243

Possession of coin by a person who knew it to be counterfeit when he became possessed there...

(There are no ss. 244–245)

Section 246

(Deleted)

No text is available for this node.

Section 247

Fraudulently or dishonestly diminishing the weight or altering the composition of coin

No text is available for this node.

Section 248

(Deleted)

No text is available for this node.

Section 249

Altering appearance of coin with intent that it shall pass as a coin of a different descrip...

No text is available for this node.

Section 250

(Deleted)

No text is available for this node.

Section 251

Delivery of coin, possessed with the knowledge that it is altered

No text is available for this node.

Section 252

(Deleted)

No text is available for this node.

Section 253

Possession of coin by a person who knew it to be altered when he became possessed thereof

No text is available for this node.

Section 254

Delivery to another of coin as genuine, which when first possessed, the deliverer did not k...

No text is available for this node.

Section 255

Counterfeiting a Government stamp

No text is available for this node.

Section 256

Having possession of an instrument or material for the purpose of counterfeiting a Governme...

No text is available for this node.

Section 257

Making or selling an instrument for the purpose of counterfeiting a

Government stamp

Section 258

Sale of counterfeit Government stamp

No text is available for this node.

Section 259

Having possession of a counterfeit Government stamp

No text is available for this node.

Section 260

Using as genuine a Government stamp known to be counterfeit

Section Penal Code 17

Section 261

Effacing any writing from a substance bearing a Government stamp, or removing from a docume...

No text is available for this node.

Section 262

Using a Government stamp known to have been before used

No text is available for this node.

Section 263

Erasure of mark denoting that stamp has been used

No text is available for this node.

Text

OFFENCES RELATING TO WEIGHTS AND MEASURES

No text is available for this node.

Section 264

Fraudulent use of false instrument for weighing

No text is available for this node.

Section 265

Fraudulent use of false weight or measure

No text is available for this node.

Section 266

Being in possession of false weights or measures

No text is available for this node.

Section 267

Making or selling false weights or measures

No text is available for this node.

Text

OFFENCES AFFECTING THE PUBLIC HEALTH,

SAFETY, CONVENIENCE, DECENCY AND MORALS

Section 268

Public nuisance

No text is available for this node.

Section 269

Negligent act likely to spread infection of any disease dangerous to life

No text is available for this node.

Section 270

Malignant act likely to spread infection of any disease dangerous to life

No text is available for this node.

Section 271

Disobedience to a quarantine rule

No text is available for this node.

Section 272

Adulteration of food or drink which is intended for sale

No text is available for this node.

Section 273

Sale of noxious food or drink

No text is available for this node.

Section 274

Adulteration of drugs

No text is available for this node.

Section 275

Sale of adulterated drugs

No text is available for this node.

Section 276

Sale of any drug as a different drug or preparation

No text is available for this node.

Section 277

Fouling the water of a public spring or reservoir

No text is available for this node.

Section 278

Making atmosphere noxious to health

No text is available for this node.

Section 279

Rash driving or riding on a public way

No text is available for this node.

Section 280

Rash navigation of a vessel

No text is available for this node.

Section 281

Exhibition of a false light, mark or buoy

No text is available for this node.

Section 282

Conveying person by water for hire in a vessel overloaded or unsafe

No text is available for this node.

Section 283

Danger or obstruction in a public way or navigation

Section Laws of Malaysia 18 Act 574

Section 284

Negligent conduct with respect to any poisonous substance

No text is available for this node.

Section 285

Negligent conduct with respect to any fire or combustible matter

No text is available for this node.

Section 286

Negligent conduct with respect to any explosive substance

No text is available for this node.

Section 287

Negligent conduct with respect to any machinery in the possession or under the charge of th...

No text is available for this node.

Section 288

Negligence with respect to pulling down or repairing buildings

No text is available for this node.

Section 289

Negligence with respect to any animal

No text is available for this node.

Section 290

Punishment for public nuisance

No text is available for this node.

Section 291

Continuance of nuisance after injunction to discontinue

No text is available for this node.

Section 292

Sale, etc., of obscene books, etc.

No text is available for this node.

Section 293

Sale, etc., of obscene objects or documents to young person

No text is available for this node.

Section 294

Obscene songs

No text is available for this node.

Text

OFFENCES RELATING TO RELIGION

No text is available for this node.

Section 295

Injuring or defiling a place of worship with intent to insult the religion of any class

No text is available for this node.

Section 296

Disturbing a religious assembly

No text is available for this node.

Section 297

Trespassing on burial places, etc.

No text is available for this node.

Section 298

Uttering words, etc., with deliberate intent to wound the religious feelings of any person...

Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion

Text

OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

Section 299

Culpable homicide

No text is available for this node.

Section 300

Murder

No text is available for this node.

Section 301

Culpable homicide by causing the death of a person other than the person whose death was in...

No text is available for this node.

Section 302

Punishment for murder

(There is no s. 303) Section Penal Code 19

Section 304

Punishment for culpable homicide not amounting to murder 304a.

Causing death by negligence

Section 305

Abetment of suicide of child or insane person

No text is available for this node.

Section 306

Abetment of suicide

No text is available for this node.

Section 307

Attempt to murder

No text is available for this node.

Section 308

Attempt to commit culpable homicide

No text is available for this node.

Section 309

Attempt to commit suicide 309a.

Infanticide 309b. Punishment for infanticide (There are no ss. 310–311) Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births

Section 312

Causing miscarriage

No text is available for this node.

Section 313

Causing miscarriage without woman’s consent

No text is available for this node.

Section 314

Death caused by act done with intent to cause miscarriage. If act done without woman’s cons...

No text is available for this node.

Section 315

Act done with intent to prevent a child being born alive or to cause it to die after birth

No text is available for this node.

Section 316

Causing death of a quick unborn child by an act amounting to culpable homicide

No text is available for this node.

Section 317

Exposure and abandonment of a child under twelve years by parent or person having care of it

No text is available for this node.

Section 318

Concealment of birth by secret disposal of dead body

Hurt

Section 319

Hurt

No text is available for this node.

Section 320

Grievous hurt

No text is available for this node.

Section 321

Voluntarily causing hurt

No text is available for this node.

Section 322

Voluntarily causing grievous hurt

No text is available for this node.

Section 323

Punishment for voluntarily causing hurt

No text is available for this node.

Section 324

Voluntarily causing hurt by dangerous weapons or means

No text is available for this node.

Section 325

Punishment for voluntarily causing grievous hurt

No text is available for this node.

Section 326

Voluntarily causing grievous hurt by dangerous weapons or means

Section Laws of Malaysia 20 Act 574 326a. Punishment for causing hurt to spouse, former spouse, etc.

Section 327

Voluntarily causing hurt to extort property or to constrain to an illegal act

No text is available for this node.

Section 328

Causing hurt by means of poison, etc., with intent to commit an offence

No text is available for this node.

Section 329

Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

No text is available for this node.

Section 330

Voluntarily causing hurt to extort confession or to compel restoration of property

No text is available for this node.

Section 331

Voluntarily causing grievous hurt to extort confession or to compel restoration of property

No text is available for this node.

Section 332

Voluntarily causing hurt to deter public servant from his duty

No text is available for this node.

Section 333

Voluntarily causing grievous hurt to deter public servant from his duty

No text is available for this node.

Section 334

Voluntarily causing hurt on provocation

No text is available for this node.

Section 335

Causing grievous hurt on provocation

No text is available for this node.

Section 336

Punishment for act which endangers life or the personal safety of others

No text is available for this node.

Section 337

Causing hurt by an act which endangers life or the personal safety of others

No text is available for this node.

Section 338

Causing grievous hurt by an act which endangers life or the personal safety of others

Wrongful Restraint and Wrongful Confinement

Section 339

Wrongful restraint

No text is available for this node.

Section 340

Wrongful confinement

No text is available for this node.

Section 341

Punishment for wrongful restraint

No text is available for this node.

Section 342

Punishment for wrongful confinement

No text is available for this node.

Section 343

Wrongful confinement for three or more days

No text is available for this node.

Section 344

Wrongful confinement for ten or more days

No text is available for this node.

Section 345

Wrongful confinement of person for whose liberation a writ has been issued

No text is available for this node.

Section 346

Wrongful confinement in secret

No text is available for this node.

Section 347

Wrongful confinement for the purpose of extorting property or constraining to an illegal act

No text is available for this node.

Section 348

Wrongful confinement for the purpose of extorting confession or of compelling restoration o...

Section Penal Code 21 Criminal Force and Assault Section

Section 349

Force

No text is available for this node.

Section 350

Criminal force

No text is available for this node.

Section 351

Assault

No text is available for this node.

Section 352

Punishment for using criminal force otherwise than on grave provocation 352a.

Punishment for using criminal force by spouse

Section 353

Using criminal force to deter a public servant from discharge of his duty

No text is available for this node.

Section 354

Assault or use of criminal force to a person with intent to outrage modesty

No text is available for this node.

Section 355

Assault or criminal force with intent to dishonour a person, otherwise than on grave provoc...

No text is available for this node.

Section 356

Assault or criminal force in attempt to commit theft of property carried by a person

No text is available for this node.

Section 357

Assault or criminal force in attempt wrongfully to confine a person

No text is available for this node.

Section 358

Assaulting or using criminal force on grave provocation

Kidnapping, Abduction, Slavery and Forced Labour

Section 359

Kidnapping

No text is available for this node.

Section 360

Kidnapping from Malaysia

No text is available for this node.

Section 361

Kidnapping from lawful guardianship

No text is available for this node.

Section 362

Abduction

No text is available for this node.

Section 363

Punishment for kidnapping

No text is available for this node.

Section 364

Kidnapping or abducting in order to murder

No text is available for this node.

Section 365

Kidnapping or abducting with intent secretly and wrongfully to confine a person

No text is available for this node.

Section 366

Kidnapping or abducting a woman to compel her marriage, etc.

No text is available for this node.

Section 367

Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.

No text is available for this node.

Section 368

Wrongfully concealing or keeping in confinement a kidnapped person

No text is available for this node.

Section 369

Kidnapping or abducting child under ten years with intent to steal movable property from th...

No text is available for this node.

Section 370

Buying or disposing of any person as a slave

Laws of Malaysia 22 Act 574

Section 371

Habitual dealing in slaves

No text is available for this node.

Section 372

Exploiting any person for purposes of prostitution 372a.

Persons living on or trading in prostitution 372b. Soliciting for purpose of prostitution

Section 373

Suppression of brothels 373a.

(Deleted)

Section 374

Unlawful compulsory labour

Hostage-Taking 374a. Hostage-taking Rape

Section 375

Rape 375a. Husband causing hurt in order to have sexual intercourse 375b.

Gang rape

Section 376

Punishment for rape

Incest 376a. Incest 376b. Punishment for incest Unnatural Offences

Section 377

Buggery with an animal 377a.

Carnal intercourse against the order of nature 377b. Punishment for committing carnal intercourse against the order of nature 377c. Committing carnal intercourse against the order of nature without consent, etc. 377ca. Sexual connection by object, etc.

Section 377d

Outrages on decency 377e. Inciting a child to an act of gross indecency

Section Penal Code 23

Text

OFFENCES AGAINST PROPERTY

Theft Section

Section 378

Theft

No text is available for this node.

Section 379

Punishment for theft 379a.

Punishment for theft of a motor vehicle

Section 380

Theft in dwelling house, etc.

No text is available for this node.

Section 381

Theft by clerk or servant of property in possession of master

No text is available for this node.

Section 382

Theft after preparation made for causing death or hurt in order to commit theft 382a.

Persons convicted of an offence against section 379, 380 or 382 committing subsequent offence against such sections Extortion

Section 383

Extortion

No text is available for this node.

Section 384

Punishment for extortion

No text is available for this node.

Section 385

Putting person in fear of injury in order to commit extortion

No text is available for this node.

Section 386

Extortion by putting a person in fear of death or grievous hurt

No text is available for this node.

Section 387

Putting person in fear of death or of grievous hurt in order to commit extortion

No text is available for this node.

Section 388

Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.

No text is available for this node.

Section 389

Putting person in fear of accusation of offence, in order to commit extortion

Robbery and Gang-Robbery

Section 390

Robbery

No text is available for this node.

Section 391

Gang-robbery

No text is available for this node.

Section 392

Punishment for robbery

No text is available for this node.

Section 393

Attempt to commit robbery

No text is available for this node.

Section 394

Voluntarily causing hurt in committing robbery

No text is available for this node.

Section 395

Punishment for gang-robbery

No text is available for this node.

Section 396

Gang-robbery with murder

Laws of Malaysia 24 Act 574

Section 397

Robbery when armed or with attempt to cause death or grievous hurt

No text is available for this node.

Section 398

(Deleted)

No text is available for this node.

Section 399

Making preparation to commit gang-robbery

No text is available for this node.

Section 400

Punishment for belonging to gang of robbers

No text is available for this node.

Section 401

Punishment for belonging to wandering gang of thieves

No text is available for this node.

Section 402

Assembling for purpose of committing gang-robbery

Criminal Misappropriation of Property 402a. Definition of “agent”, “company”, “director”, “officer”

Section 403

Dishonest misappropriation of property

No text is available for this node.

Section 404

Dishonest misappropriation of property possessed by a deceased person at the time of his de...

Criminal Breach of Trust

Section 405

Criminal breach of trust

No text is available for this node.

Section 406

Punishment of criminal breach of trust

No text is available for this node.

Section 407

Criminal breach of trust by carrier, etc.

No text is available for this node.

Section 408

Criminal breach of trust by clerk or servant

No text is available for this node.

Section 409

Criminal breach of trust by public servant or agent 409a.

Defence not available 409b. Presumption Receiving Stolen Property

Section 410

Stolen property

No text is available for this node.

Section 411

Dishonestly receiving stolen property 411a.

Receiving benefit derived from criminal activities of organized criminal group

Section 412

Dishonestly receiving property stolen in the commission of a gang-robbery

No text is available for this node.

Section 413

Habitually dealing in stolen property

No text is available for this node.

Section 414

Assisting in concealment of stolen property

Section Penal Code 25 Cheating Section

Section 415

Cheating

No text is available for this node.

Section 416

Cheating by personation

No text is available for this node.

Section 417

Punishment for cheating

No text is available for this node.

Section 418

Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest...

No text is available for this node.

Section 419

Punishment for cheating by personation

No text is available for this node.

Section 420

Cheating and dishonestly inducing delivery of property

Fraudulent Deeds and Dispositions of Property

Section 421

Dishonest or fraudulent removal or concealment of property to prevent distribution among cr...

No text is available for this node.

Section 422

Dishonestly or fraudulently preventing from being made available for his creditors a debt o...

No text is available for this node.

Section 423

Dishonest or fraudulent execution of deed of transfer containing a false statement of consi...

No text is available for this node.

Section 424

Dishonest or fraudulent removal or concealment of consideration

Mischief

Section 425

Mischief

No text is available for this node.

Section 426

Punishment for committing mischief

No text is available for this node.

Section 427

Committing mischief and thereby causing damage to the amount of twenty-five ringgit

No text is available for this node.

Section 428

Mischief by killing or maiming any animal

No text is available for this node.

Section 429

(Deleted)

No text is available for this node.

Section 430

Mischief by injury to works of irrigation or by wrongfully diverting water 430a.

Mischief affecting any public transportation

Section 431

Mischief by injury to public road, bridge or river 431a.

Mischief by injury to telegraph cable, wire, etc.

Section 432

Mischief by causing inundation or obstruction to public drainage, attended with damage

No text is available for this node.

Section 433

Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by ex...

Laws of Malaysia 26 Act 574

Section 434

Mischief by destroying or moving, etc., a landmark fixed by public authority

No text is available for this node.

Section 435

Mischief by fire or explosive substance with intent to cause damage to amount of fifty ring...

No text is available for this node.

Section 436

Mischief by fire or explosive substance with intent to destroy a house, etc.

No text is available for this node.

Section 437

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden

No text is available for this node.

Section 438

Punishment for the mischief described in the last section when committed by fire or any exp...

No text is available for this node.

Section 439

Punishment for intentionally running vessel aground or ashore with intent to commit theft,...

No text is available for this node.

Section 440

Mischief occurring during disturbances, etc.

Criminal Trespass

Section 441

Criminal trespass

No text is available for this node.

Section 442

House-trespass

No text is available for this node.

Section 443

Lurking house-trespass

No text is available for this node.

Section 444

(Deleted)

No text is available for this node.

Section 445

Housebreaking

No text is available for this node.

Section 446

(Deleted)

No text is available for this node.

Section 447

Punishment for criminal trespass

No text is available for this node.

Section 448

Punishment for house-trespass

No text is available for this node.

Section 449

House-trespass in order to commit an offence punishable with death

No text is available for this node.

Section 450

House-trespass in order to commit an offence punishable with imprisonment for life

No text is available for this node.

Section 451

House-trespass in order to commit an offence punishable with imprisonment

No text is available for this node.

Section 452

House-trespass after preparation made for causing hurt to any person

No text is available for this node.

Section 453

Punishment for lurking house-trespass or housebreaking

No text is available for this node.

Section 454

(Deleted)

No text is available for this node.

Section 455

Lurking house-trespass or housebreaking after preparation made for causing hurt to any pers...

No text is available for this node.

Section 456

(Deleted)

No text is available for this node.

Section 457

Lurking house-trespass or housebreaking in order to commit an offence punishable with impri...

Subsequent offence under section 453 or 457 punishable with whipping after first offence Section Penal Code 27 Section

Section 458

(Deleted)

No text is available for this node.

Section 459

Grievous hurt caused whilst committing lurking house-trespass or housebreaking

No text is available for this node.

Section 460

All persons jointly concerned in housebreaking, etc., to be punishable for death, or grievo...

No text is available for this node.

Section 461

Dishonestly breaking open any closed receptacle containing or supposed to contain property

No text is available for this node.

Section 462

Punishment for same offence when committed by person entrusted with custody

No text is available for this node.

Text

OFFENCES RELATING TO DOCUMENTS AND TO

CURRENCY NOTES AND BANK NOTES

Section 463

Forgery

No text is available for this node.

Section 464

Making a false document

No text is available for this node.

Section 465

Punishment for forgery

No text is available for this node.

Section 466

Forgery of a record of a Court, or a public Register of Births, etc.

No text is available for this node.

Section 467

Forgery of a valuable security or will

No text is available for this node.

Section 468

Forgery for the purpose of cheating

No text is available for this node.

Section 469

Forgery for the purpose of harming the reputation of any person

No text is available for this node.

Section 470

“A forged document”

No text is available for this node.

Section 471

Using as genuine a forged document

No text is available for this node.

Section 472

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punis...

No text is available for this node.

Section 473

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punis...

No text is available for this node.

Section 474

Having possession of a valuable security or will know to be forged, with intent to use it a...

No text is available for this node.

Section 475

Counterfeiting a device or mark used for authenticating documents described in section 467,...

No text is available for this node.

Section 476

Counterfeiting a device or mark used for authenticating documents other than those describe...

No text is available for this node.

Section 477

Fraudulent cancellation, destruction, etc., of a will 477a.

Falsification of accounts (There are no ss. 478–489) Laws of Malaysia 28 Act 574 Currency Notes and Bank Notes Section 489a. Forging or counterfeiting currency notes or bank notes 489b. Using as genuine, forged or counterfeit currency notes or bank notes 489c. Possession of forged or counterfeit currency notes or bank notes 489d. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes

Text

CRIMINAL BREACH OF CONTRACTS OF SERVICE

No text is available for this node.

Section 490

(Deleted)

No text is available for this node.

Section 491

Breach of contract to attend on and supply the wants of helpless persons

No text is available for this node.

Section 492

(Deleted)

No text is available for this node.

Text

OFFENCES RELATING TO MARRIAGE

No text is available for this node.

Section 493

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

No text is available for this node.

Section 494

Marrying again during the lifetime of husband or wife

No text is available for this node.

Section 495

Same offence with concealment of the former marriage from the person with whom subsequent m...

No text is available for this node.

Section 496

Marriage ceremony gone through with fraudulent intent without lawful marriage

(There is no s. 497)

Section 498

Enticing or taking away or detaining with a criminal intent a married woman

No text is available for this node.

Text

DEFAMATION

No text is available for this node.

Section 499

Defamation

No text is available for this node.

Section 500

Punishment for defamation

No text is available for this node.

Section 501

Printing or engraving matter known to be defamatory

No text is available for this node.

Section 502

Sale of printed or engraved substance containing defamatory matter

Penal Code 29

Text

CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Section

Section 503

Criminal intimidation

No text is available for this node.

Section 504

Intentional insult with intent to provoke a breach of the peace

No text is available for this node.

Section 505

Statements conducing to public mischief

No text is available for this node.

Section 506

Punishment for criminal intimidation

No text is available for this node.

Section 507

Criminal intimidation by an anonymous communication 507a.

Stalking

Section 508

Act caused by inducing a person to believe that he will be rendered an object of Divine dis...

No text is available for this node.

Section 509

Word or gesture intended to insult the modesty of a person

No text is available for this node.

Section 510

Misconduct in public by a drunken person

No text is available for this node.

Text

ATTEMPTS TO COMMIT OFFENCES

No text is available for this node.

Section 511

Punishment for attempting to commit offences punishable with imprisonment

Laws of Malaysia 30 Act 574 Penal Code 31 Act 574 An Act relating to criminal offences. [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]

Text

PRELIMINARY

Short title

Section 1

This Act may be cited as the Penal Code.

Punishment of offences committed within Malaysia

Section 2

Every person shall be liable to punishment under this Code and not otherwise for every act...

Punishment of offences committed beyond, but which by law may be tried within Malaysia

Section 3

Any person liable by law to be tried for an offence committed beyond the limits of Malaysia...

Malaysia. Laws of Malaysia 32 Act 574 Extension of Code to extraterritorial offences

Section 4

The provisions of Chapters VI, VIa and VIb shall apply to any offence committed—

No text is available for this node.

Paragraph

(a) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft whether or not such ship or aircraft is registered in Malaysia;

Paragraph

(b) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia;

Paragraph

(c) by any person against a citizen of Malaysia;

Paragraph

(d) by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of Malaysia or the Government of any State in Malaysia, including diplomatic or consular premises of Malaysia, any citizen of Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia;

Paragraph

(e) by any person to compel the Government of Malaysia or the Government of any State in Malaysia to do or refrain from doing any act;

Paragraph

(f) by any stateless person who has his habitual residence in Malaysia;

Paragraph

(g) by any person against or on board a fixed platform while it is located on the continental shelf of Malaysia; or

Paragraph

(h) by any person who after the commission of the offence is present in Malaysia, as if the offence had been committed in Malaysia.

Subsection

(2) In this section—

Paragraph

(a) “offence” includes every act done outside Malaysia which, if done in Malaysia, would be an offence punishable under this Code;

Paragraph

(b) “permanent resident” has the meaning assigned by the Courts of Judicature Act 1964 [Act 91]. Penal Code 33 Certain laws not to be affected by this Code

Section 5

Nothing in this Code is intended to repeal, vary, suspend or affect any of the provisions o...

Malaysian Armed Forces, or of any other law for the time being in force.

Text

GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exceptions

Section 6

Throughout this Code every definition of an offence, every penal provision and every illust...

No text is available for this node.

Paragraph

(a) The sections in this Code which contain definitions of offences, do not express that a child under ten years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child under ten years of age”.

Paragraph

(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”. Expression once explained is used in the same sense throughout the Code

Section 7

Every expression which is explained in any part of this

Code, is used in every part of this Code in conformity with the explanation. Laws of Malaysia 34 Act 574 “Gender”

Section 8

The pronoun “he” and its derivatives are used of any person, whether male or female.

“Number”

Section 9

Unless the contrary appears from the context, words importing the singular number include t...

“Man” and “woman”

Section 10

The word “man” denotes a male human being of any age;

the word “woman” denotes a female human being of any age. “Person”

Section 11

The word “person” includes any company or association or body of persons, whether incorpora...

“Public”

Section 12

The word “public” includes any class of the public or any community.

No text is available for this node.

Section 13

(Deleted by L.N. (N.S.) 1 of 1957).

14–16. (There are no ss. 14–16). “Government”

Section 17

“Government” includes the Government of Malaysia and of the States and any person lawfully...

No text is available for this node.

Section 18

(There is no s. 18).

Penal Code 35 “Judge”

Section 19

The word “judge” denotes not only every person who is officially designated as a Judge, but...

No text is available for this node.

Paragraph

(a) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

Paragraph

(b) A President of a Town Board holding an enquiry as to the origin of a fire under the provisions of the Town Boards Enactment is a Judge. “Court”

Section 20

The word “Court” denotes a judge who is empowered by law to act judicially alone, or a body...

“Public servant”

Section 21

The words “public servant” denote a person falling under any of the descriptions hereinafte...

No text is available for this node.

Paragraph

(a) (Deleted by L.N. (N.S.) 1 of 1957);

Paragraph

(b) every Commissioned Officer in the Malaysian Armed Forces;

Paragraph

(c) every Judge; Laws of Malaysia 36 Act 574

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(d) every officer of a Court whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court to perform any of such duties;

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(e) every juryman or assessor assisting a Court or public servant;

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(f) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;

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(g) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

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(h) every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

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(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate, or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty; Penal Code 37

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(j) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district. Explanation 1—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not. Explanation 2—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. “Movable property”

Section 22

The words “movable property” are intended to include corporeal property of every descriptio...

Writings, relating to real or personal property or rights, are movable property. “Wrongful gain” and “wrongful loss”

Section 23

“Wrongful gain” is gain by unlawful means of property to which the person gaining is not le...

“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. Laws of Malaysia 38 Act 574 A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. “Dishonestly”

Section 24

Whoever does anything with the intention of causing wrongful gain to one person, or wrongfu...

Explanation—In relation to the offence of criminal misappropriation or criminal breach of trust it is immaterial whether there was an intention to defraud or to deceive any person. “Fraudulently”

Section 25

A person is said to do a thing fraudulently if he does that thing with intend to defraud, b...

“Reason to believe”

Section 26

A person is said to have “reason to believe” a thing, if he has sufficient cause to believe...

“Property in possession of wife, clerk or servant”

Section 27

When property is in the possession of a person’s wife, clerk or servant, on account of that...

Explanation—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section. Penal Code 39 “Counterfeit”

Section 28

A person is said to “counterfeit”, who causes one thing to resemble another thing, intendin...

Explanation 1—It is not essential to counterfeiting that the imitation should be exact. Explanation 2—Where a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby it shall be presumed until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised. “Document”

Section 29

The word “document” means any matter expressed, described or howsoever represented, upon an...

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(a) letters, figures, marks, symbols, signals, signs or other forms of expression, description or representation whatsoever;

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(b) any visual recording (whether of still or moving images);

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(c) any sound recording, or any electronic, magnetic, mechanical or other recording whatsoever and howsoever made, or any sounds, electronic impulses, or other data whatsoever;

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(d) a recording, or transmission, over a distance of any matter by any, or any combination, of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraphs (a),

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(b), (c) and (d), intended to be used or which may be used for the purpose of expressing, describing, or howsoever representing, that matter. Laws of Malaysia 40 Act 574

Subsection

(2) For the purposes of this section—

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(a) “film” includes a microfilm and any negative;

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(b) “microfilm” means any transparent material bearing a visual image in reduced size either singly or as a series and includes a microfiche;

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(c) “negative” means a transparent negative photograph on any substance or material, and includes any transparent negative photograph made from the original negative photograph. A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A drawing, painting, picture or caricature is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance, is a document. A photographic or other visual recording, including a recording of a photographic or other visual transmission over a distance, is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document. Explanation—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words “pay to the holder”, or words to that effect, has been written over the signature. Penal Code 41 “Valuable security”

Section 30

The words “valuable security” denote a document which is, or purports to be, a document whe...

A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”. “A will”

Section 31

The words “a will” denote any testamentary document.

Words referring to acts include illegal omissions

Section 32

In every part of this Code, except where a contrary intention appears from the context, wor...

“Act” and “omission”

Section 33

The word “act” denotes as well a series of acts as a single act: the word “omission” denote...

Each of several persons liable for an act done by all, in like manner as if done by him alone

Section 34

When a criminal act is done by several persons, in furtherance of the common intention of a...

Laws of Malaysia 42 Act 574 When such an act is criminal by reason of its being done with a criminal knowledge or intention

Section 35

Whenever an act, which is criminal only by reason of its being done with a criminal knowled...

Effect caused partly by act and partly by omission

Section 36

Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or...

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. Cooperation by doing one of several acts constituting an offence

Section 37

When an offence is committed by means of several acts, whoever intentionally cooperates in...

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(a) A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.

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(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. Penal Code 43

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(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not cooperate with B, A is guilty only of an attempt to commit murder. Several persons engaged in the commission of a criminal act, may be guilty of different offences

Section 38

Where several persons are engaged or concerned in the commission of a criminal act, they ma...

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill will towards Z, and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. “Voluntarily”

Section 39

A person is said to cause an effect “voluntarily” when he causes it by means whereby he int...

A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery, and thus causes the death of a person. Here A may not have intended to cause death, and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily. Laws of Malaysia 44 Act 574 “Offence”

Section 40

Except in the Chapter and sections mentioned in subsections (2) and (3), the word “offence”...

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Subsection

(2) In Chapter IV and in sections 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing punishable under this Code or under any other law for the time being in force.

Subsection

(3) In sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning when the thing punishable under any other law for the time being in force is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine. 41–42. (There are no ss. 41–42). “Illegal”, “unlawful” and “legally bound to do”

Section 43

The word “illegal” or “unlawful” is applicable to everything which is an offence, or which...

And in respect of the word “illegal”, a person is said to be “legally bound to do” whatever it is illegal in him to omit. “Injury”

Section 44

The word “injury” denotes any harm whatever illegally caused to any person, in body, mind,...

“Life”

Section 45

The word “life” denotes the life of a human being, unless the contrary appears from the con...

Penal Code 45 “Death”

Section 46

The word “death” denotes the death of a human being, unless the contrary appears from the c...

“Animal”

Section 47

The word “animal” denotes any living creature, other than a human being.

“Vessel”

Section 48

The word “vessel” denotes anything made for the conveyance by water of human beings, or of...

“Year” and “month”

Section 49

Whenever the word “year” or the word “month” is used, it is to be understood that the year...

“Section”

Section 50

The word “section” denotes one of those portions of a Chapter of this Code which are distin...

“Oath”

Section 51

The word “oath” includes a solemn affirmation substituted by law for an oath, and any decla...

“Good faith”

Section 52

Nothing is said to be done or believed in good faith which is done or believed without due...

Laws of Malaysia 46 Act 574 “Non-serious offence”

Section 52a

The words “non-serious offence” denote an offence punishable with imprisonment for a term o...

“Serious offence”

Section 52b

The words “serious offence” denote an offence punishable with imprisonment for a term of te...

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PUNISHMENTS

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Section 53

(Deleted by F.M. Ord. 14 of 1953).

54—55. (Deleted by L.N. (N.S.) 1 of 1957).

Section 56

(There is no s. 56).

Fractions of terms of punishment

Section 57

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as...

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Section 58

(There is no s. 58).

59−60. (Deleted by F.M. Ord. 14 of 1953). 61–62. (There are no ss. 61–62). 63−64. (Deleted by F.M.S. En. 1 of 1936).

Section 65

(There is no s. 65).

Penal Code 47 66−70. (Deleted by F.M.S. En. 1 of 1936). Limit of punishment of offence which is made up of several offences

Section 71

Where anything which is an offence is made up of parts, any of which parts is itself an off...

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Subsection

(2) Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts of which one or more than one would by itself or themselves constitute an offence constitute when combined a different offence the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.

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(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

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(b) But if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which

Section 72

In all cases in which judgment is given that a person is guilty of one of several offences...

73—74. (Deleted by F.M. Ord. 14 of 1953). Laws of Malaysia 48 Act 574 Punishment of persons convicted, after a previous conviction of an offence punishable with three years imprisonment

Section 75

Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII w...

Punishment of mandatory imprisonment for persons convicted of multiple serious offences 75a. Whoever, having been convicted at least two times of a serious offence and was punished with at least two years of imprisonment for each of those convictions, shall be punished with mandatory imprisonment for the third and subsequent offences and the term of imprisonment shall not be less than double the term of the longer term of imprisonment imposed for the previous convictions.

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GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by law

Section 76

Nothing is an offence which is done by a person who is, or who, by reason of a mistake of f...

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(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

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(b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. Penal Code 49 Act of Judge when acting judicially

Section 77

Nothing is an offence which is done by a Judge when acting judicially in the exercise of an...

Act done pursuant to the judgment or order of a Court

Section 78

Nothing which is done in pursuance of, or which is warranted by the judgment or order of a...

Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. Act done by a person justified, or by mistake of fact believing himself justified by law

Section 79

Nothing is an offence which is done by any person who is justified by law, or who by reason...

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the act, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. Accident in the doing of a lawful act

Section 80

Nothing is an offence which is done by accident or misfortune, and without any criminal int...

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. Laws of Malaysia 50 Act 574 Act likely to cause harm but done without a criminal intent, and to prevent other harm

Section 81

Nothing is an offence merely by reason of its being done with the knowledge that it is like...

Explanation—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

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(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with 20 or 30 passengers on board, unless he changes the course of his vessel; and that, by changing his course, he must incur risk of running down a boat, C, with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C, and in good faith for the purposes of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C, by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

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(b) A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention, in good faith, of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence. Act of a child under 10 years of age

Section 82

Nothing is an offence which is done by a child under ten years of age.

Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity of understanding

Section 83

Nothing is an offence which is done by a child above ten years of age and under twelve, who...

Penal Code 51 Act of a person of unsound mind

Section 84

Nothing is an offence which is done by a person who, at the time of doing it, by reason of...

Intoxication when a defence

Section 85

Save as provided in this section and in section 86, intoxication shall not constitute a def...

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Subsection

(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and—

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(a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or

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(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission. Effect of defence of intoxication when established

Section 86

Where the defence under subsection 85(2) is established, then in a case falling under parag...

of the Criminal Procedure Code [Act 593] shall apply.

Subsection

(2) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence.

Subsection

(3) For the purpose of this and the preceding section “intoxication” shall be deemed to include a state produced by narcotics or drugs. Laws of Malaysia 52 Act 574 Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Section 87

Nothing, which is not intended to cause death or grievous hurt, and which is not known by t...

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence. Act not intended to cause death, done by consent in good faith for the benefit of a person

Section 88

Nothing, which is not intended to cause death, is an offence by reason of any harm which it...

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence. Penal Code 53 Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian

Section 89

Nothing, which is done in good faith for the benefit of a person under twelve years of age,...

Provided that this exception shall not extend to—

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(a) the intentional causing of death, or to the attempting to cause death;

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(b) the doing of anything which the person doing it knows to be likely to cause death for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

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(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

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(d) the abetment of any offence, to the committing of which offence it would not extend. A, in good faith, for his child’s benefit, without his child’s consent, has his child cut for the stone by a surgeon, knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child. Consent known to be given under fear or misconception and consent of a child or person of unsound mind

Section 90

A consent is not such a consent as is intended by any section of this Code—

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(a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; Laws of Malaysia 54 Act 574

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(b) if the consent is given by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

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(c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89

Section 91

The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independe...

Causing miscarriage, except in cases excepted under section 312, is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; and the consent of the woman, or of her guardian, to the causing of such miscarriage does not justify the act. Act done in good faith for the benefit of a person without consent

Section 92

Nothing is an offence by reason of any harm which it may cause to a person for whose benefi...

Penal Code 55 Provided that, this exception shall not extend to—

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(a) the intentional causing of death, or the attempting to cause death;

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(b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

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(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

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(d) the abetment of any offence, to the committing of which offence it would not extend.

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(a) Z is thrown from his horse and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

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(b) Z is carried off by a tiger. A fires at the tiger, knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed no offence.

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(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

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(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92. Laws of Malaysia 56 Act 574 Communication made in good faith

Section 93

No communication made in good faith is an offence by reason of any harm to the person to wh...

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. Act to which a person is compelled by threats

Section 94

Except murder, offences included in Chapter VI punishable with death and offences included...

Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1—A person who, of his own accord, or by reason of a threat of being beaten, joins gang-robbers knowing their character, is not entitled to the benefit of this exception on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2—A person seized by gang-robbers, and forced by threat of instant death to do a thing which is an offence by law—for example, a smith compelled to take his tools and to force the door of a house for the gang-robbers to enter and plunder it—is entitled to the benefit of this exception. Act causing slight harm

Section 95

Nothing is an offence by reason that it causes, or that it is intended to cause, or that it...

Penal Code 57 Right of Private Defence Nothing done in private defence is an offence

Section 96

Nothing is an offence which is done in the exercise of the right of private defence.

Right of private defence of the body and of property

Section 97

Every person has a right, subject to the restrictions contained in section 99, to defend—

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(a) his own body, and the body of any other person, against any offence affecting the human body;

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(b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. Right of private defence against the act of a person of unsound mind

Section 98

When an act, which would otherwise be a certain offence, is not that offence, by reason of...

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(a) Z, under the influence of madness, attempts to kill A. Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

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(b) A enters, by night, a house which he is legally entitled to enter. Z, in good faith, taking A, for a housebreaker, attacks A. Here Z, by attacking A, under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. Laws of Malaysia 58 Act 574 Acts against which there is no right of private defence

Section 99

There is no right of private defence against an act which does not reasonably cause the app...

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Subsection

(2) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

Subsection

(3) There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

Subsection

(4) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant. Explanation 2—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction; or unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority, if demanded. When the right of private defence of the body extends to causing death

Section 100

The right of private defence of the body extends, under the restrictions mentioned in the l...

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(a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Penal Code 59

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(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

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(c) an assault with the intention of committing rape;

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(d) an assault with the intention of gratifying unnatural lust;

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(e) an assault with the intention of kidnapping or abducting;

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(f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. When such right extends to causing any harm other than death

Section 101

If the offence is not of any of the descriptions enumerated in section 100, the right of pr...

Commencement and continuance of the right of private defence of the body

Section 102

The right of private defence of the body commences as soon as a reasonable apprehension of...

When the right of private defence of property extends to causing death

Section 103

The right of private defence of property extends, under the restrictions mentioned in secti...

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(a) robbery;

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(b) housebreaking by night; Laws of Malaysia 60 Act 574

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(c) mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

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(d) theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. When such right extends to causing any harm other than death 104. If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, is theft, mischief or criminal trespass, not of any of the descriptions enumerated in section 103, that right does not extend to the voluntary causing of death, but does extend subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death. Commencement and continuance of the right of private defence of property

Section 105

The right of private defence of property commences when a reasonable apprehension of danger...

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(2) The right of private defence of property against theft continues till the offender has effected his retreat with the property, or till assistance of the public authorities is obtained, or till the property has been recovered.

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(3) The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death, or hurt, or wrongful restrain, or as long as the fear of instant death, or of instant hurt, or of instant personal restraint continues.

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(4) The right of private defence of property against criminal trespass or mischief, continues as long as the offender continues in the commission of criminal trespass or mischief. Penal Code 61

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(5) The right of private defence of property against housebreaking by night continues as long as house-trespass which has been begun by such housebreaking continues. Right of private defence against a deadly assault when there is risk of harm to an innocent person

Section 106

If, in the exercise of the right of private defence against an assault which reasonably cau...

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

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ABETMENT

Abetment of a thing

Section 107

A person abets the doing of a thing who—

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(a) instigates any person to do that thing; (aa) commands any person to do that thing;

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(b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Laws of Malaysia 62 Act 574

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(c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. A, a public officer, is authorized by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. Explanation 3—Whoever masterminds the doing of an act is said to command the doing of that act. A, the head of an organized criminal group B, masterminds C and D to kidnap E. A is guilty of abetment. Abettor

Section 108

A person abets an offence who abets either the commission of an offence, or the commission...

Explanation 1—The abetment of the illegal omission of an act may amount to an offence, although the abettor may not himself be bound to do that act. Explanation 2—To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Penal Code 63

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(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

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(b) A instigates B to murder D. B, in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3—It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

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(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act is committed or not, is guilty of abetting an offence.

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(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act, and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence and had committed murder, and he is therefore subject to the punishment of death.

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(c) A instigates B to set fire to a dwelling house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling house, and is liable to the punishment provided for that offence.

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(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4—The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Laws of Malaysia 64 Act 574 A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and as A instigated B to commit the offence A is also liable to the same punishment. Explanation 5—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section, and is liable to the punishment for murder. Abetment in Malaysia of offences outside Malaysia 108a. A person abets an offence within the meaning of this Code who, in Malaysia, abets the commission of any act without and beyond Malaysia which would constitute an offence if committed in Malaysia. A, in Malaysia, instigates B, a foreigner in Java, to commit murder in Java. A is guilty of abetting murder. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Section 109

Whoever abets any offence shall, if the act abetted is committed in consequence of the abet...

Explanation—An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Penal Code 65

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(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.

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(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

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(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B, in order that he may administer it to Z. B, in pursuance of the conspiracy administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor

Section 110

Whoever abets the commission of an offence shall, if the person abetted does the act with a...

Liability of abettor when one act is abetted and a different act is done

Section 111

When an act is abetted and a different act is done, the abettor is liable for the act done,...

Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

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(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner, and to the same extent, as if he had instigated the child to put the poison into the food of Y. Laws of Malaysia 66 Act 574

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(b) A instigates B to burn Z’s house. B sets fire to the house, and at the same time commits theft of property there. A, though guilty of the burning of the house, is not guilty of abetting the theft for the theft was a distinct act, and not a probable consequence of the burning.

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(c) A, instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. Abettor, when liable to cumulative punishment for act abetted and for act done

Section 112

If the act for which the abettor is liable under section 111 is committed in addition to th...

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences. Liability of abettor for an offence caused by the act abetted different from that intended by the abettor

Section 113

When an act is abetted with the intention on the part of the abettor of causing a particula...

A instigates B to cause grievous hurt to Z, B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. Penal Code 67 Abettor present when offence committed

Section 114

Whenever any person who, if absent, would be liable to be punished as an abettor, is presen...

Abetment of an offence punishable with death or imprisonment for life

Section 115

Whoever abets the commission of an offence punishable with death or imprisonment for life o...

A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death. Therefore, A is liable to imprisonment for a term which may extend to seven years, and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. Abetment of an offence punishable with imprisonment

Section 116

Whoever abets an offence punishable with imprisonment shall, if that offence is not committ...

Laws of Malaysia 68 Act 574 provided for that offence or with such fine as is provided for that offence or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence or with such fine as is provided for the offence or with both.

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(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is punishable under this section.

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(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

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(c) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery is not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

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(d) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery is not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine. Abetting the commission of an offence by the public, or by more than ten persons

Section 117

Whoever abets the commission of an offence by the public generally, or by any number or cla...

A affixes in a public place a placard, instigating a sect consisting of more than ten members, to meet at a certain time and place for the purpose of attacking the members of an adverse sect while engaged in a procession. A has committed the offence defined in this section. Penal Code 69 Concealing a design to commit an offence punishable with death or imprisonment for life

Section 118

Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitat...

A, knowing that a gang-robbery is about to be committed at B, falsely informs the police that a gang-robbery is about to be committed at C, a place in an opposite direction, and thereby misleads the police with intent to facilitate the commission of the offence. The gang-robbery is committed at B in pursuance of the design. A is punishable under this section. A public servant concealing a design to commit an offence which it is his duty to prevent

Section 119

Whoever, being a public servant, intending to facilitate, or knowing it to be likely that h...

Laws of Malaysia 70 Act 574 ten years; or, if the offence is not committed, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for the offence or with such fine as is provided for the offence or with both. A, an officer of police, being legally bound to give information of all designs to commit robbery, which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to this section. Concealing a design to commit an offence punishable with imprisonment

Section 120

Whoever, intending to facilitate, or knowing it to be likely that he will thereby facilitat...

Chapter Va CRIMINAL CONSPIRACY Definition of criminal conspiracy 120a. When two or more persons agree to do, or cause to be done—

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(a) an illegal act; or

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(b) an act, which is not illegal, by illegal means, such an agreement is designated a criminal conspiracy: Penal Code 71 Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation 1—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. Explanation 2—Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit the offence unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

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(a) If A and B agree to embark on a bombing campaign throughout Malaysia, and either one of them commits an act in furtherance of the agreement such as acquiring Ammonium Nitrate fertilizer or other bomb making components, they will each be guilty of conspiracy to cause explosions even though no bombing targets were identified and no bombing was actually attempted.

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(b) A wilfully and knowingly joins an enterprise of persons consisting of B, C and D where they share a common criminal purpose to commit certain offences such as attacking civilian objects, murder and terrorism, and at least one of them acts on the plan by surveilling targets or securing a weapon to be used in the attacks. All four are guilty of conspiracy to attack civilian objects, and commit murder and terrorism the moment any one of them acts on the plan.

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(c) A and B agree to cheat the Government on a contract for goods by inflating the price of goods quoted in the tender document. A and B intend to conceal the real price of the goods to the Government. A and B are guilty of conspiring to cheat the Government the moment that one of them drafts the fraudulent tender document or engages in any other act in furtherance of the plan.

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(d) A, B and C agree to engage in fraud and misuse of visas, permits or other documents to facilitate a particular act of terrorism in Malaysia. All three are guilty of conspiracy to provide support for the commission of a terrorist act the moment any one of them engages in an act in furtherance of the plan, such as acquiring the visas or other materials necessary to produce the fraudulent documents. Laws of Malaysia 72 Act 574 Punishment of criminal conspiracy 120b. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for a term of two years or upwards shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

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(2) Subject to subsection (3), whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment for a term not exceeding six months or with fine or with both.

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(3) If the offence, the commission of which is the object of the conspiracy, is a minor offence under the Minor Offences Act 1955 [Act 336] the punishment for such conspiracy shall not exceed the maximum punishment provided for such minor offence.

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OFFENCES AGAINST THE STATE

Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri

Section 121

Whoever wages war against the Yang di-Pertuan Agong or against any of the Rulers or Yang di...

Offences against the person of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri 121a. Whoever compasses, imagines, invents, devises or intends the death of or hurt to or imprisonment or restraint of the Yang di-Pertuan Agong or any of the Rulers or Yang di-Pertua Negeri, their heirs or successors, shall be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes. Penal Code 73 Offences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri 121b. Whoever compasses, imagines, invents or intends the deposition or deprivation of the Yang di-Pertuan Agong from the sovereignty of Malaysia or the deprivation or deposition of the Ruler, his heirs or successors, or of the Yang di-Pertua Negeri from the rule of a State, or the overawing by means of criminal force or the show of criminal force the Government of Malaysia or of any State, shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and shall also be liable to fine. Abetting offences under section 121a or 121b 121c. Whoever abets the commission of any of the offences punishable by section 121a or 121b shall be punished with the punishment provided for the said offences. Intentional omission to give information of offences against section 121, 121a, 121b or 121c by a person bound to inform 121d. Whoever knowing or having reason to believe that any offence punishable under section 121, 121a, 121b or 121c has been committed intentionally omits to give any information respecting that offence, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both. Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri

Section 122

Whoever collects or attempts to collect men, arms or ammunition, or otherwise prepares to w...

Negeri or abets the waging or the preparation of such war, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine. Laws of Malaysia 74 Act 574 Concealing with intent to facilitate a design to wage war

Section 123

Whoever by any act, or by illegal omission, conceals or attempts to conceal the existence o...

Assaulting member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power

Section 124

Whoever, with the intention of inducing or compelling or attempting to induce or compel a m...

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Section 124a

(Deleted by F.M.S. En. 13 of 1939).

Activity detrimental to parliamentary democracy 124b. Whoever, by any means, directly or indirectly, commits an activity detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to twenty years. Attempt to commit activity detrimental to parliamentary democracy 124c. Whoever attempts to commit an activity detrimental to parliamentary democracy or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years. Penal Code 75 Printing, sale, etc., of documents and publication detrimental to parliamentary democracy 124d. Whoever, by any means, directly or indirectly, prints, publicises, sells, issues, circulates or reproduces any document or publication detrimental to parliamentary democracy shall be punished with imprisonment for a term which may extend to fifteen years: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court that the document or publication in respect of which he is charged was printed, published, sold, issued, circulated or reproduced, as the case may be, without his authority, consent and knowledge, and without any want of due care or caution on his part, and that he did not know and had no reason to suspect the nature of the document or publication. Possession of documents and publication detrimental to parliamentary democracy 124e. (1) Any person who, without lawful excuse, has in his possession any document or publication detrimental to parliamentary democracy or any extract therefrom, shall be punished with imprisonment for a term which may extend to ten years.

Subsection

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—

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(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and Laws of Malaysia 76 Act 574

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(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy. Importation of document and publication detrimental to parliamentary democracy 124f. (1) Any person who imports or attempts to import or abets the importation of any document or publication detrimental to parliamentary democracy or without lawful excuse has in his possession any document or publication shall be punished with imprisonment for a term which may extend to five years.

Subsection

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—

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(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and

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(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy. Penal Code 77 Posting of placards, etc.

Section 124g

Any person who posts or distributes any placard, circular or other document containing any...

Dissemination of information 124h. Any person who by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means incites violence, or counsels violent disobedience to the law or to any lawful order, shall be punished with imprisonment for a term which may extend to five years. Dissemination of false reports 124i. Any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years. Receipt of document and publication detrimental to parliamentary democracy 124j. (1) Any person or any office bearer of any association or any responsible member or agent of any organization who receives any document or publication detrimental to parliamentary democracy shall deliver the same without delay to a police officer; and any person, office bearer, member or agent who fails to do so, or who, unless authorized so to do by a police officer not below the rank of Superintendent of Police, communicates to any other person, or publishes or causes to be published the contents of any such document or publication, shall be punished with imprisonment for a term which may extend to ten years. Laws of Malaysia 78 Act 574

Subsection

(2) The document and publication referred to in subsection (1) shall be presumed to be a document or publication detrimental to parliamentary democracy until the contrary is proved; and where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control a document or publication detrimental to parliamentary democracy he shall be deemed to have known the contents and the nature of the contents of such document or publication: Provided that no person shall be convicted of an offence under this section if he proves to the satisfaction of the court—

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(a) that he was not aware of the contents and the nature of the contents of the document or publication detrimental to parliamentary democracy which he was carrying or had in his possession or under his control; and

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(b) that he was carrying or had the document or publication detrimental to parliamentary democracy in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that the document or publication was a document or publication detrimental to parliamentary democracy. Sabotage 124k. Whoever, by any means, directly or indirectly, commits sabotage shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years. Attempt to commit sabotage 124l. Whoever attempts to commit sabotage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years. Espionage 124m. Whoever, by any means, directly or indirectly, commits espionage shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years. Penal Code 79 Attempt to commit espionage 124n. Whoever attempts to commit espionage or does any act preparatory thereto shall be punished with imprisonment for a term which may extend to fifteen years. Waging war against any power in alliance with the Yang di-Pertuan Agong

Section 125

Whoever whether in conjunction with the enemies of the Yang di-Pertuan Agong or otherwise w...

Government of any power in alliance or at peace with the Yang di-Pertuan Agong, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for a term not exceeding forty years, to which fine may be added, or with fine. Harbouring or attempting to harbour any person in Malaysia or person residing in a foreign State at war or in hostility against the Yang di-Pertuan Agong 125a. Whoever by any act, harbours or attempts to harbour, either in Malaysia or in the territories of any power at war with, or otherwise in actual hostility against, the Yang di-Pertuan Agong, or elsewhere, the enemies of the Yang di-Pertuan Agong, shall be punished with imprisonment for a term not exceeding forty years, to which fine may be added, or with fine. Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong

Section 126

Whoever whether in conjunction with the enemies of the

Yang di-Pertuan Agong or otherwise commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Yang di-Pertuan Agong, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used, or intended to be used, in committing such depredation, or acquired by such depredation. Laws of Malaysia 80 Act 574 Receiving property taken by war or depredation mentioned in sections 125 and 126

Section 127

Whoever receives or attempting to receive any property knowing the same to have been taken...

Public servant voluntarily allowing prisoner of State or war in his custody to escape

Section 128

Whoever, being a public servant, and having the custody of any prisoner of State or prisone...

Public servant negligently suffering prisoner of State or war in his custody to escape

Section 129

Whoever, being a public servant, and having the custody of any prisoner of State or prisone...

Aiding escape of, rescuing, or harbouring such prisoner

Section 130

Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from...

Explanation—A prisoner of State or prisoner of war who is permitted to be at large on his parole within certain limits in Malaysia, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. Penal Code 81 Interpretation of this Chapter 130a. In this Chapter—

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(a) “activity detrimental to parliamentary democracy” means an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means;

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(b) “document or publication detrimental to parliamentary democracy” means any document or publication having in part or in whole a tendency—

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(a) to excite organized violence against persons or property in Malaysia;

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(b) to support, propagate or advocate any act prejudicial to the security of Malaysia or the maintenance or restoration of public order therein or inciting to violence therein or counselling violent disobedience to the law thereof or to any lawful order therein; or

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(c) to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Malaysia or to the maintenance of public order therein, or who incite to violence therein or counsel violent disobedience to the law thereof or any lawful order therein;

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(c) “espionage” means an activity to obtain sensitive information by ulterior or illegal means for the purpose that is prejudicial to the security or interest of Malaysia;

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(d) “essential services” includes—

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(a) water services;

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(b) electricity services; Laws of Malaysia 82 Act 574

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(c) public health services;

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(d) banking and financial services;

(e) fire services;

(f) prison services;

(g) postal services;

(h) telecommunication services including the communication infrastructure;

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(i) telegraph services;

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(j) radio communication services including broadcasting and television services;

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(k) port, dock and harbour services and undertakings;

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(l) public transport services by land, sea or air; or

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(m) bulk distribution of fuel and lubricants;

Paragraph

(e) “harbour” includes supplying a person with shelter, food, drink, money or clothes; or, except by a person employed in a Government hospital, medicines, bandages, surgical dressings or any other form of aid to a person wounded; or arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension;

Paragraph

(f) (Deleted by Act 846);

Paragraph

(g) “publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof; Penal Code 83

Paragraph

(h) “sabotage” means—

Paragraph

(a) an act or omission intending to cause harm—

Paragraph

(i) for the interests of foreign powers or foreign organizations;

Subparagraph

(ii) to premises or utilities used for national defence or for war; or

Subparagraph

(iii) to the maintenance of essential services; or

Paragraph

(b) knowingly producing defective materials, premises or utilities used for national defence or for war;

Paragraph

(i) “sensitive information” means any document, information and material—

Paragraph

(a) relating to the Cabinet, Cabinet committees and State Executive Council; or

Paragraph

(b) that concerns sovereignty, national security, defence, public order and international relations, whether or not classified as “Top Secret”, “Secret”, “Confidential” or “Restricted” by a minister, the Menteri Besar or Chief Minister of a State or any public officer appointed by a minister, the Menteri Besar or Chief Minister of a State. Chapter VIa OFFENCES RELATING TO TERRORISM Interpretation in relation to this Chapter *130b. (1) In this Chapter— “entity” means a person, group, trust, partnership or fund; *NOTE—Definition of “imprisonment for life” has been deleted by Act 846. Laws of Malaysia 84 Act 574 “explosive or other lethal device” means—

Paragraph

(a) an explosive or incendiary weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage; or

Paragraph

(b) a weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material; “harbour” includes supplying a person with shelter, food, drink, money or clothes; or, except by a person employed in a Government hospital, medicine, bandages, surgical dressings or any other form of aid to a person wounded; or arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension; “master”, in relation to a vessel, means the owner or person (except a harbour master or pilot) having for the time being command or charge of the vessel; “operator”, in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft; “property” means—

Paragraph

(a) assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, however acquired; or

Paragraph

(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit; “terrorism financing offence” means any offence under section 130n, 130o, 130p or 130q; “terrorist” means any person who—

Paragraph

(a) commits, or attempts to commit, any terrorist act; or Penal Code 85

Paragraph

(b) participates in or facilitates the commission of any terrorist act, and includes a specified entity under section 66b or 66c of the *Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613]; “terrorist entity” means any entity owned or controlled by any terrorist or terrorist group and includes an association of such entities; “terrorist group” means—

Paragraph

(a) an entity that has as one of its activities and purposes the committing of, or the facilitation of the commission of, a terrorist act; or

Paragraph

(b) a specified entity under section 66b or 66c of the *Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001; “terrorist property” means—

Paragraph

(a) proceeds from the commission of a terrorist act;

Paragraph

(b) property that has been, is being, or is likely to be used to commit a terrorist act;

Paragraph

(c) property that has been, is being, or is likely to be used by a terrorist, terrorist entity or terrorist group;

Paragraph

(d) property owned or controlled by or on behalf of a terrorist, terrorist entity or terrorist group, including funds derived or generated from such property; or

Paragraph

(e) property that has been collected for the purpose of providing support to a terrorist, terrorist entity or terrorist group or funding a terrorist act. *NOTE—Previously known as the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. See section 2 of the Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2014 [Act A1467] w.e.f. 1 September 2014—see P.U. (B) 400/2014. Laws of Malaysia 86 Act 574

Subsection

(2) For the purposes of this Chapter, “terrorist act” means an act or threat of action within or beyond Malaysia where—

Paragraph

(a) the act or threat falls within subsection (3) and does not fall within subsection (4);

Paragraph

(b) the act is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

Paragraph

(c) the act or threat is intended or may reasonably be regarded as being intended to—

Paragraph

(i) intimidate the public or a section of the public; or

Subparagraph

(ii) influence or compel the Government of Malaysia or the Government of any State in Malaysia, any other government, or any international organization to do or refrain from doing any act.

Subsection

(3) An act or threat of action falls within this subsection if it—

Paragraph

(a) involves serious bodily injury to a person;

Paragraph

(b) endangers a person’s life;

Paragraph

(c) causes a person’s death;

Paragraph

(d) creates a serious risk to the health or the safety of the public or a section of the public;

Paragraph

(e) involves serious damage to property;

Paragraph

(f) involves the use of firearms, explosives or other lethal devices;

Paragraph

(g) involves releasing into the environment or any part of the environment or distributing or exposing the public or a section of the public to—

Paragraph

(i) any dangerous, hazardous, radioactive or harmful substance; Penal Code 87

Subparagraph

(ii) any toxic chemical; or

Subparagraph

(iii) any microbial or other biological agent or toxin;

Paragraph

(h) is designed or intended to disrupt or seriously interfere with, any computer systems or the provision of any services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;

Paragraph

(i) is designed or intended to disrupt, or seriously interfere with, the provision of essential emergency services such as police, civil defence or medical services;

Paragraph

(j) involves prejudice to national security or public safety;

Paragraph

(k) involves any combination of any of the acts specified in paragraphs (a) to (j), and includes any act or omission constituting an offence under the Aviation Offences Act 1984 [Act 307].

Subsection

(4) An act or threat of action falls within this subsection if it—

Paragraph

(a) is advocacy, protest, dissent or industrial action; and

Paragraph

(b) is not intended—

Paragraph

(i) to cause serious bodily injury to a person;

Subparagraph

(ii) to endanger the life of a person;

Subparagraph

(iii) to cause a person’s death; or

Subparagraph

(iv) to create a serious risk to the health or safety of the public or a section of the public.

Subsection

(5) For the purposes of subsection (2)—

Paragraph

(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Malaysia; and

Paragraph

(b) a reference to the public includes a reference to the public of a country or territory other than Malaysia. Laws of Malaysia 88 Act 574 Suppression of terrorist acts and support for terrorist acts Committing terrorist acts 130c. (1) Whoever, by any means, directly or indirectly, commits a terrorist act shall be punished—

Paragraph

(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

Paragraph

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.

Subsection

(2) Where in any criminal proceeding it is necessary to decide whether any item or substance is a weapon, a hazardous, radioactive or harmful substance, a toxic chemical or a microbial or other biological agent or toxin, a certificate purporting to be signed by an appropriate authority to the effect that the item or substance described in the certificate is a weapon, a hazardous, radioactive or harmful substance, a toxic chemical or a microbial or other biological agent or toxin shall be sufficient evidence of the facts stated in it. Providing devices to terrorist groups 130d. Whoever knowingly provides or offers to provide any explosive or other lethal device to—

Paragraph

(a) a terrorist group;

Paragraph

(b) a member of a terrorist group; or

Paragraph

(c) any other person for use by, or for the benefit of, a terrorist group or a member of a terrorist group, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine. Penal Code 89 Recruiting persons to be members of terrorist groups or to participate in terrorist acts 130e. Whoever knowingly recruits, or agrees to recruit, another person to be a member of a terrorist group or to participate in the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Providing training and instruction to terrorist groups and persons committing terrorist acts 130f. Whoever knowingly provides training or instruction, or agrees to provide training or instruction—

Paragraph

(a) in the making or use of any explosive or other lethal device;

Paragraph

(b) in carrying out a terrorist act; or

Paragraph

(c) in the practice of military exercises or movements, to a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Receiving training and instruction from terrorist groups and persons committing terrorist acts 130fa. Whoever receives training or instruction, or agrees or arranges to receive training or instruction—

Paragraph

(a) in the making or use of any explosive or other lethal device;

Paragraph

(b) in carrying out a terrorist act; or

Paragraph

(c) in the practice of military exercises or movements, from a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Laws of Malaysia 90 Act 574 Attendance at place used for terrorist training 130fb. (1) Whoever attends at any place, within or outside Malaysia—

Paragraph

(a) knowing or having reason to believe that instruction or training is being provided there wholly or partly for the purposes connected with the commission or preparation of a terrorist act; or

Paragraph

(b) where he could not reasonably have failed to understand that instruction or training was being provided there wholly or partly for such purposes, shall be punished with imprisonment for a term which may extend to ten years, or with fine.

Subsection

(2) For the purposes of this section, it shall be irrelevant—

Paragraph

(a) whether the person concerned receives the instruction or training himself; and

Paragraph

(b) whether the instruction or training is provided for purposes connected with one or more particular terrorist act.

Subsection

(3) References in this section to instruction or training being provided include references to instruction or training being made available. Inciting, promoting or soliciting property for the commission of terrorist acts 130g. Whoever knowingly—

Paragraph

(a) incites or promotes the commission of a terrorist act;

Paragraph

(b) incites or promotes membership in a terrorist group; or

Paragraph

(c) solicits property for the benefit of a terrorist group or for the commission of a terrorist act, shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Penal Code 91 Providing facilities in support of terrorist acts 130h. Whoever being—

Paragraph

(a) the owner, occupier, lessee or person in charge of any building, premises, room or place knowingly permits a meeting of persons to be held in that building, premises, room or place;

Paragraph

(b) the master, charterer, lessee, operator or agent of a vessel or the operator, charterer, lessee, agent or pilot in charge of an aircraft knowingly permits that vessel or aircraft to be used; or

Paragraph

(c) the owner, lessee or person in charge of any equipment or facility that allows for recording or conferencing or meetings via technology knowingly permits that equipment or facility to be used, for the purposes of committing an offence under this Chapter, shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Directing activities of terrorist groups 130i. Whoever intentionally directs the activities of a terrorist group shall be punished—

Paragraph

(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

Paragraph

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine. Laws of Malaysia 92 Act 574 Soliciting or giving support to terrorist groups or for the commission of terrorist acts 130j. (1) Whoever knowingly and in any manner solicits support for, or gives support to—

Paragraph

(a) any terrorist group; or

Paragraph

(b) the commission of a terrorist act, shall be punished with imprisonment for a term not exceeding forty years, or with fine, and shall also be liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.

Subsection

(2) For the purposes of subsection (1), “support” includes—

Paragraph

(a) an offer to provide, or the provision of, forged or falsified travel documents to a member of a terrorist group;

Paragraph

(b) an offer to provide, or the provision of, a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

Paragraph

(c) entering or remaining in any country for the benefit of, or at the direction of or in association with a terrorist group;

Paragraph

(d) becoming a member of or professing membership of a terrorist group;

Paragraph

(e) arranging, managing or assisting in arranging or managing a meeting to further the activities of a terrorist group;

Paragraph

(f) using or possessing property for the purpose of committing or facilitating the commission of a terrorist act;

Paragraph

(g) accumulating, stockpiling or otherwise keeping firearms, explosives, ammunition, poisons or weapons to further the activities of a terrorist group;

Paragraph

(h) arranging, managing or assisting in arranging or managing the transportation of persons to further the activities of a terrorist group; Penal Code 93

Paragraph

(i) travelling to, entering or remaining in any foreign country to further the activities of a terrorist group or to commit a terrorist act;

Paragraph

(j) encouraging or inducing any person to leave Malaysia to further the activities of a terrorist group or to commit a terrorist act; or

Paragraph

(k) using social media or any other means to—

Paragraph

(i) advocate for or to promote a terrorist group, support for a terrorist group or the commission of a terrorist act; or

Subparagraph

(ii) further or facilitate the activities of a terrorist group. Travelling to, through or from Malaysia for the commission of terrorist acts in foreign country 130ja. Whoever, whether or not a citizen or permanent resident of Malaysia, travels to, through or from Malaysia with intent to travel to a foreign country or any part of that foreign country, whether directly or through any other country or territory, for the purpose of the commission or the preparation for the commission of a terrorist act in a foreign country shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Possession, etc. of items associated with terrorist groups or terrorist acts 130jb. (1) Whoever—

Paragraph

(a) has possession, custody or control of; or

Paragraph

(b) provides, displays, distributes or sells, any item associated with any terrorist group or the commission of a terrorist act shall be punished with imprisonment for a term not exceeding seven years, or with fine, and shall also be liable to forfeiture of any such item. Laws of Malaysia 94 Act 574

Subsection

(2) In this section— “item” includes publications, visual recordings, flags, banners, emblems, insignia and any other thing displaying symbols associated with a terrorist group, terrorist act or ideology of a terrorist group; “publications” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof. Offence to build, etc. conveyance for use in terrorist acts 130jc. Whoever—

Paragraph

(a) builds or agrees to build or causes to be built any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act;

Paragraph

(b) issues or delivers any commission for any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act;

Paragraph

(c) equips any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act; or

Paragraph

(d) dispatches or causes or allows to be dispatched any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act, shall be punished with imprisonment for a term not exceeding thirty years, or with fine, and shall also be liable to forfeiture of any such conveyance. Penal Code 95 Preparation of terrorist acts 130jd. (1) Whoever, with the intention of committing a terrorist act or assisting another to commit a terrorist act, engages in any conduct in preparation for giving effect to such intention shall be punished with imprisonment for a term not exceeding seven years, and shall also be liable to fine.

Subsection

(2) For the purposes of subsection (1), it shall be irrelevant whether the intention and preparation relate to one or more particular terrorist act. Harbouring persons committing terrorist acts 130k. Whoever harbours, or prevents, hinders or interferes with the arrest of any person knowing or having reason to believe that such person—

Paragraph

(a) has committed or is planning or is likely to commit a terrorist act; or

Paragraph

(b) is a member of a terrorist group, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine, or with fine. Member of a terrorist group 130ka. Whoever is a member of a terrorist group shall be punished with imprisonment which may extend to forty years and shall also be liable to a fine. Criminal conspiracy 130l. (1) Whoever conspires with another person who is in Malaysia to do any act without and beyond Malaysia, being an act, which if done in Malaysia would have constituted an offence under this Chapter shall be deemed to have criminally conspired to do that act in Malaysia. Laws of Malaysia 96 Act 574

Subsection

(2) Whoever conspires with another person in any place without and beyond Malaysia to do any act in Malaysia that constitutes an offence under this Chapter shall be deemed to have criminally conspired in Malaysia to do that act. Intentional omission to give information relating to terrorist acts 130m. Whoever knowing or having reason to believe that any offence punishable under sections 130c to 130l has been or will be committed intentionally omits to give any information respecting that offence, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both. Suppression of financing of terrorist acts Providing or collecting property for terrorist acts 130n. Whoever, by any means, directly or indirectly, provides or collects or makes available any property intending, knowing or having reasonable grounds to believe that the property will be used, in whole or in part, to commit a terrorist act shall be punished—

Paragraph

(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

Paragraph

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine, and shall also be liable to forfeiture of any property so provided or collected or made available. Penal Code 97 Providing services for terrorist purposes 130o. (1) Whoever, directly or indirectly, provides or makes available financial services or facilities—

Paragraph

(a) intending that the services or facilities be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act, or for the purpose of benefiting any person who is committing or facilitating the commission of a terrorist act; or

Paragraph

(b) knowing or having reasonable grounds to believe that, in whole or in part, the services or facilities will be used by or will benefit any terrorist, terrorist entity or terrorist group, shall be punished— (aa) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and (bb) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.

Subsection

(2) For the purposes of subsection (1), “financial services or facilities” includes the services and facilities offered by lawyers and accountants acting as nominees or agents for their clients. Arranging for retention or control of terrorist property 130p. Whoever knowingly enters into an arrangement that facilitates the acquisition, retention or control by or on behalf of another person of terrorist property by concealment, by a removal out of jurisdiction, by transfer to a nominee or in any other way shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine and to forfeiture of any property so acquired, retained or controlled. Laws of Malaysia 98 Act 574 Dealing with terrorist property 130q. (1) Whoever knowingly deals, directly or indirectly, in any terrorist property shall be punished with imprisonment for a term which may extend to twenty years, or with fine and shall also be liable to forfeiture of any property so dealt with.

Subsection

(2) For the purposes of subsection (1), “deals in” includes—

Paragraph

(a) acquiring or possessing any terrorist property;

Paragraph

(b) entering into or facilitating, directly or indirectly, any transaction in respect of terrorist property;

Paragraph

(c) converting, concealing or disguising terrorist property; or

Paragraph

(d) providing any financial or other services in respect of any terrorist property to or for the benefit of, or at the direction or order of, any terrorist, terrorist entity or terrorist group. Accepting gratification to facilitate or enable terrorist acts 130qa. Whoever accepts gratification to facilitate or enable the commission of any terrorist act shall be punished—

Paragraph

(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

Paragraph

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine. Intentional omission to give information about terrorist property 130r. Whoever—

Paragraph

(a) having possession, custody or control of any terrorist property; or Penal Code 99

Paragraph

(b) having information about any transaction or proposed transaction in respect of any terrorist property, intentionally omits to give any information respecting that matter, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both. Intentional omission to give information relating to terrorism financing offence 130s. Whoever knowing or having reason to believe that any offence punishable under section 130n, 130o, 130p or 130q has been or will be committed intentionally omits to give any information respecting that offence, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both. Offences by body corporate 130t. Where an offence under section 130n, 130o, 130p or 130q has been committed by a body corporate, any person who, at the time of the commission of the offence, was a person responsible for the management or control of the body corporate, which includes a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that—

Paragraph

(a) the offence was committed without his consent or connivance; and

Paragraph

(b) he had exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances. Non-application of Offenders Compulsory Attendance Act 1954 and sections 173a, 293 and 294 of the Criminal Procedure Code 130ta. The Offenders Compulsory Attendance Act 1954 [Act 461] and sections 173a, 293 and 294 of the Criminal Procedure Code shall not apply to an offence under this Chapter. Laws of Malaysia 100 Act 574 Chapter VIb ORGANIZED CRIME Interpretation in relation to this Chapter 130u. In this Chapter— “organized criminal group” means a group of two or more persons, acting in concert with the aim of committing one or more serious offences, in order to obtain, directly or indirectly, a material benefit, power or influence. Member of an organized criminal group 130v. (1) Whoever is a member of an organized criminal group shall be punished with imprisonment for a term *of not less than five years and not more than twenty years.

Subsection

(2) Until the contrary is proved, a person shall be presumed to be a member of an organized criminal group where—

Paragraph

(a) such person can be identified as belonging to an organized criminal group; or

Paragraph

(b) such person is found with a scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357]. Assisting an organized criminal group 130w. Whoever assists an organized criminal group to further the interest of that group shall be punished with imprisonment for a term which may extend to ten years. Harbouring member of an organized criminal group 130x. Whoever harbours, or prevents, hinders or interferes with the arrest of a member of an organized criminal group shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. *NOTE—Previously “which may extend to five years”–see section 7 of Penal Code (Amendment) Act 2014 [Act A1471]. Penal Code 101 Consorting with an organized criminal group 130y. Whoever without reasonable excuse, consorts with a member of an organized criminal group shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to fine. Recruiting persons to be members of an organized criminal group 130z. Whoever knowingly recruits, or agrees to recruit, another person to be a member of an organized criminal group shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. Participation in an organized criminal group 130za. Whoever participates in an organized criminal group—

Paragraph

(a) knowing or having reason to believe that it is an organized criminal group; and

Paragraph

(b) knowing, or having reason to believe that, or being reckless as to whether, his participation in that group contributes to the occurrence of any criminal activity, shall be punished with imprisonment for a term which may extend to ten years, and shall be liable to fine. Accepting gratification to facilitate or enable organized criminal activity 130zb. Whoever accepts gratification to facilitate or enable any organized criminal activity shall be punished—

Paragraph

(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

Paragraph

(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine. Laws of Malaysia 102 Act 574 Enhanced penalties for offences committed by an organized criminal group or member of an organized criminal group 130zc. (1) Any organized criminal group or a member of an organized criminal group convicted of any serious offence under this Code or under any written law shall be punished with imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping.

Subsection

(2) Any organized criminal group or a member of an organized criminal group convicted of any non-serious offence under this Code or under any written law shall be punished with imprisonment for a term of not less than two years and not more than twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping.

Text

OFFENCES RELATING TO THE ARMED FORCES

Abetting mutiny, or attempting to seduce a soldier or sailor from his duty

Section 131

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman in the Mala...

Abetment of mutiny, if mutiny is committed in consequence thereof

Section 132

Whoever abets the committing of mutiny by an officer, soldier, sailor or airman in the Mala...

Penal Code 103 Abetment of an assault by a soldier or sailor on his superior officer, when in the execution of his office

Section 133

Whoever abets an assault by an officer, soldier, sailor or airman in the Malaysian Armed Fo...

Abetment of such assault if the assault is committed

Section 134

Whoever abets an assault by an officer, soldier, sailor or airman in the Malaysian Armed Fo...

Abetment of the desertion of a soldier, sailor or airman

Section 135

Whoever abets the desertion of any officer, soldier, sailor or airman in the Malaysian Arme...

Harbouring a deserter

Section 136

Whoever, except as hereinafter excepted, knowing or having reason to believe that an office...

Exception—This provision does not extend to the case in which the harbour is given by a wife to her husband. Laws of Malaysia 104 Act 574 Deserter concealed on board merchant vessel through negligence of master

Section 137

The master or person in charge of a merchant vessel, on board of which any deserter from th...

Abetment of act of insubordination by a soldier, sailor or airman

Section 138

Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor...

Forces shall, if such act of insubordination is committed in consequence of that abetment, be punished with imprisonment for a term which may extend to six months or with fine or with both. Persons subject to Articles of War not punishable under this Code

Section 139

Where provision is made in any written law relating to the discipline of any of the Malaysi...

Wearing the dress of a soldier, sailor or airman

Section 140

Whoever, not being a soldier, sailor or airman in the military, naval or air service of the...

Penal Code 105 “Harbour”

Section 140a

In this Chapter the word “harbour” includes the supplying a person with shelter, food, drin...

Application of Chapter VII

Section 140b

The provisions of this Chapter relating to offences committed in relation to officers or so...

Forces shall apply mutatis mutandis to similar acts committed in relation to—

Paragraph

(a)—(c) (Deleted by L.N. (N.S.) 1 of 1957);

Paragraph

(d) members of the police forces of Malaysia or of the Republic of Singapore;

Paragraph

(e)—(f) (Deleted by L.N. (N.S.) 1 of 1957).

Text

OFFENCES AGAINST THE PUBLIC TRANQUILITY

Unlawful assembly

Section 141

An assembly of five or more persons is designated an

“unlawful assembly”, if the common object of the persons composing that assembly is—

Paragraph

(a) to overawe by criminal force, or show of criminal force, the Legislative or Executive Government of Malaysia or any State, or any public servant in the exercise of the lawful power of such public servant;

Paragraph

(b) to resist the execution of any law, or of any legal process;

Paragraph

(c) to commit any mischief or criminal trespass, or other offence; Laws of Malaysia 106 Act 574

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(d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

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(e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation—An assembly which was not unlawful when it assembled may subsequently become an unlawful assembly. Being a member of an unlawful assembly

Section 142

Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally...

Punishment

Section 143

Whoever is a member of an unlawful assembly, shall be punished with imprisonment for a term...

Possessing weapons or missiles at unlawful assemblies

Section 144

Any person who attends, takes part in or is found at any unlawful assembly and who has in h...

Penal Code 107 Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse

Section 145

Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has...

Force used by one member in prosecution of common object

Section 146

Whenever force or violence is used by an unlawful assembly or by any member thereof, in pro...

Punishment for rioting

Section 147

Whoever is guilty of rioting shall be punished with imprisonment for a term which may exten...

Possessing weapons or missiles at riot

Section 148

Any person who attends, takes part in or is found at any riot and who has in his possession...

Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object

Section 149

If an offence is committed by any member of an unlawful assembly in prosecution of the comm...

Laws of Malaysia 108 Act 574 Hiring, or conniving at hiring, of persons to join an unlawful assembly

Section 150

Whoever hires or engages or employs, or promotes or connives at the hiring, engagement, or...

Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse

Section 151

Whoever knowingly joins or continues in any assembly of five or more persons likely to caus...

Explanation—If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145. Assaulting or obstructing public servant when suppressing riot, etc.

Section 152

Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, to any publ...

Wantonly giving provocation, with intent to cause riot

Section 153

Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to a...

Penal Code 109 is committed in consequence of such provocation, be punished with imprisonment for a term which may extend to one year, or with fine, or with both; and if the offence of rioting is not committed, with imprisonment for a term which may extend to six months or with fine or with both.

Section 153a

(Deleted by F.M.S. En. 13 of 1939).

Owner or occupier of land on which an unlawful assembly is held

Section 154

Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon...

Liability of person for whose benefit a riot is committed

Section 155

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or...

Laws of Malaysia 110 Act 574 Liability of agent of owner or occupier for whose benefit a riot is committed

Section 156

Whenever a riot is committed for the benefit or on behalf of any person who is the owner or...

Harbouring persons hired for an unlawful assembly

Section 157

Whoever harbours, receives, or assembles in any house or premises in his occupation or char...

Being hired to take part in an unlawful assembly or riot, or to go armed

Section 158

Whoever is engaged or hired, or offers or attempts to be hired or engaged, to do or assist...

*ILLUSTRATION The last section is subject to the same illustration as section 144. *NOTE—Illustration to section 144 was deleted by Act 39 of 1967. It read as follows “A wooden pole sharpened at the end is a thing which, used as a weapon of offence, is likely to cause death”. Penal Code 111 Affray

Section 159

When two or more persons, by fighting, in a public place, disturb the public peace, they ar...

Punishment for committing affray

Section 160

Whoever commits an affray shall be punished with imprisonment for a term which may extend t...

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OFFENCES BY, OR RELATING TO, PUBLIC SERVANTS

Public servant taking a gratification, other than legal remuneration, in respect of an official act

Section 161

Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept...

Assembly, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to three years or with fine or with both. Explanations—“Expecting to be a public servant”. If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section. Laws of Malaysia 112 Act 574 “Gratification”. The word “gratification” is not restricted to pecuniary gratifications, or to gratifications estimable in money. “Legal remuneration”. The words “legal remuneration” are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by law to accept. “A motive or reward for doing”. A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within these words.

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(a) A, a Judge, obtains from Z, a banker, a situation in Z’s bank for A’s brother, as a reward to A for deciding a cause in favour of Z. A has committed the offence defined in this section.

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(b) A, a public servant, induces Z erroneously to believe that A’s influence with the Chairman of a Town Board has obtained for Z a contract to do work, and thus induces Z to give A money. A has committed the offence defined in this section.

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(c) A, a public servant, induces Z erroneously to believe that A’s influence with the Government has obtained a grant of land for Z, and thus induces Z to give A money, as a reward for his service. A has committed the offence defined in this section. Taking a gratification in order, by corrupt or illegal means, to influence a public servant

Section 162

Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for...

Assembly, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to three years or with fine or with both. Penal Code 113 Taking a gratification, for the exercise of personal influence with a public servant

Section 163

Whoever accepts or obtains, or agrees to accept or attempts to obtain, from any person, for...

Council or Legislative Assembly, or with any public servant, as such, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. An advocate who receives a fee for arguing a case before a Judge; a person who receives pay for arranging and correcting a memorial addressed to Government, setting forth the services and claims for the memorialist; a paid agent for a condemned criminal, who lays before the Government statements tending to show that the condemnation was unjust—are not within this section, inasmuch as they do not exercise or profess to exercise personal influence. Punishment for abetment by public servant of the offences above defined

Section 164

Whoever, being a public servant, in respect of whom either of the offences defined in secti...

A, is a public servant. B, A’s wife, receives a present as a motive for soliciting A to give an office to a particular person. A abets her doing so. B is punishable with imprisonment for a term not exceeding one year or with fine or with both. A is punishable with imprisonment for a term which may extend to three years or with fine or with both. Laws of Malaysia 114 Act 574 Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

Section 165

Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obt...

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(a) A, a Judge, hires a house of Z, who has a case pending before him. It is agreed that A shall pay fifty ringgit a month, the house being such that, if the bargain were made in good faith, A would be required to pay two hundred ringgit a month. A has obtained a valuable thing from Z without adequate consideration.

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(b) A, a Judge, buys of Z, who has a cause pending in A’s Court, Government promissory notes at a discount, when they are selling in the market at a premium. A has obtained a valuable thing from Z without adequate consideration.

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(c) Z’s brother is apprehended and taken before A, a Magistrate, on a charge of perjury. A sells to Z shares in a bank at a premium, when they are selling in the market at a discount. Z pays A for the shares accordingly. The money so obtained by A is a valuable thing obtained by him without adequate consideration. Public servant disobeying a direction of the law, with intent to cause injury to any person

Section 166

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way...

Penal Code 115 A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. Public servant framing an incorrect document with intent to cause injury

Section 167

Whoever, being a public servant, and being, as such public servant, charged with the prepar...

Public servant unlawfully engaging in trade

Section 168

Whoever, being a public servant, and being legally bound as such public servant not to enga...

Public servant unlawfully buying or bidding for property

Section 169

Whoever, being a public servant, and being legally bound as such public servant not to purc...

Personating a public servant

Section 170

Whoever pretends to hold any particular office as a public servant, knowing that he does no...

Laws of Malaysia 116 Act 574 Wearing garb or carrying token used by public servant with fraudulent intent

Section 171

Whoever, not belonging to a certain class of public servants, wears any garb or carries any...

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CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC

SERVANTS Absconding to avoid service of summons or other proceeding from a public servant

Section 172

Whoever absconds in order to avoid being arrested on a warrant, or to avoid being served wi...

Preventing service of summons or other proceeding, or preventing publication thereof

Section 173

Whoever in any manner intentionally prevents the serving on himself, or on any other person...

Penal Code 117 such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished, with imprisonment for a term which may extend to one month or with fine which may extend to one thousand ringgit or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document before a Court, with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both. Non-attendance in obedience to an order from a public servant

Section 174

Whoever, being legally bound to attend in person or by an agent at a certain place and time...

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(a) A, being legally bound to appear before the High Court at Kuala Lumpur, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

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(b) A, being legally bound to appear before a Magistrate, as a witness, in obedience to a summons issued by that Magistrate, intentionally omits to appear. A has committed the offence defined in this section. Laws of Malaysia 118 Act 574 Omission to produce a document to a public servant by a person legally bound to produce such document

Section 175

Whoever, being legally bound to produce or deliver up any document to any public servant, a...

A, being legally bound to produce a document before a Court of a Magistrate, intentionally omits to produce the same. A has committed the offence defined in this section. Omission to give notice or information to a public servant by a person legally bound to give notice or information

Section 176

Whoever, being legally bound to give any notice or to furnish information on any subject to...

Furnishing false information

Section 177

Whoever, being legally bound to furnish information on any subject to any public servant, a...

Penal Code 119 believe to be false, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both; or, if the information which he is legally bound to furnish respects the commission of an offence, or is required for the purpose of preventing the commission of an offence or in order to the apprehension of an offender, with imprisonment for a term which may extend to two years or with fine or with both.

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(a) A, a landholder, knowing of the commission of a murder, within the limits of his estate, wilfully misinforms the police of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

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(b) A, a police officer, or Penghulu, knowing that a considerable body of strangers has passed through his village in order to commit a gang-robbery in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound to give information of the above to his superior officer, wilfully misinforms the officer that a body of suspicious characters passed through the village with a view to commit a gang-robbery in a certain distant place in a different direction. Here A is guilty of the offence defined in this section. Explanation—In section 176 and in this section the word “offence” includes any act committed at any place out of Malaysia, which if committed in Malaysia would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and the word “offender” includes any person who is alleged to have been guilty of any such act. Refusing oath when duly required to take oath by a public servant

Section 178

Whoever refuses to bind himself by an oath to state the truth, when required so to bind him...

Laws of Malaysia 120 Act 574 Refusing to answer a public servant authorized to question

Section 179

Whoever, being legally bound to state the truth on any subject to any public servant, refus...

Refusing to sign statement

Section 180

Whoever refuses to sign any statement made by him, when required to sign that statement by...

False statement on oath to public servant or person authorized to administer an oath

Section 181

Whoever, being legally bound by an oath to state the truth on any subject to any public ser...

False information, with intent to cause a public servant to use his lawful power to the injury of another person

Section 182

Whoever gives to any public servant any information orally or in writing which he knows or...

Penal Code 121 anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand ringgit or with both.

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(a) A informs the Inspector General of Police that Z, a police officer subordinate to the Inspector General, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Inspector General to commence disciplinary proceedings against Z. A has committed the offence defined in this section.

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(b) A falsely informs a public servant that Z has contraband opium in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

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(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants but knows it to be likely that in consequence of this information the police will make inquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. Resistance to the taking of property by the lawful authority of a public servant

Section 183

Whoever offers any resistance to the taking of any property by the lawful authority of any...

Obstructing sale of property offered for sale by authority of a public servant

Section 184

Whoever intentionally obstructs any sale of property offered for sale by the lawful authori...

Laws of Malaysia 122 Act 574 Illegal purchase or bid for property offered for sale by authority of a public servant

Section 185

Whoever, at any sale of property held by the lawful authority of a public servant, as such,...

Obstructing public servant in discharge of his public functions

Section 186

Whoever voluntarily obstructs any public servant in the discharge of his public functions,...

Omission to assist public servant when bound by law to give assistance

Section 187

Whoever, being bound by law to render or furnish assistance to any public servant in the ex...

Penal Code 123 Disobedience to an order duly promulgated by a public servant

Section 188

Whoever, knowing that by an order promulgated by a public servant lawfully empowered to pro...

Explanation—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section. Threat of injury to a public servant

Section 189

Whoever holds out any threat of injury to any public servant, or to any person in whom he b...

Laws of Malaysia 124 Act 574 Threat of injury to induce any person to refrain from applying for protection to a public servant

Section 190

Whoever holds out any threat of injury to any person for the purpose of inducing that perso...

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FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC

JUSTICE Giving false evidence

Section 191

Whoever, being legally bound by an oath, or by any express provision of law to state the tr...

Explanation 1—A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.

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(a) A, in support of a just claim which B has against Z for one thousand ringgit, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence.

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(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. Penal Code 125

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(c) A, knowing the general character of Z’s handwriting states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.

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(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence as to whether Z was at that place on the day named, or not.

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(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence. Fabricating false evidence

Section 192

Whoever causes any circumstances to exist, or makes any false entry in any book or record,...

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(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.

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(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence.

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(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence. Laws of Malaysia 126 Act 574 Punishment for false evidence

Section 193

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabric...

Explanation 1—A trial before a court martial is a judicial proceeding. Explanation 2—An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. A, in an enquiry before a Justice of the Peace for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Giving or fabricating false evidence with intent to procure conviction of a capital offence

Section 194

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be...

Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment

Section 195

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be...

Penal Code 127 Code is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. A gives false evidence before a Court, intending thereby to cause Z to be convicted of a gang-robbery. The punishment of gang-robbery is imprisonment for life, or imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to such imprisonment, with or without fine. Using evidence known to be false

Section 196

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he...

Issuing or signing a false certificate

Section 197

Whoever issues or signs any certificate required by law to be given or signed, or relating...

Using as a true certificate one known to be false in a material point

Section 198

Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowi...

Laws of Malaysia 128 Act 574 False statement made in any declaration which is by law receivable as evidence

Section 199

Whoever, in any declaration made or subscribed by him, which declaration any Court, or any...

Using as true any such declaration known to be false

Section 200

Whoever corruptly uses or attempts to use as true any such declaration knowing the same to...

Explanation—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender

Section 201

Whoever, knowing or having reason to believe that an offence has been committed, causes any...

and if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to Penal Code 129 three years, and shall also be liable to fine; and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence or with fine or with both. A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B, from punishment. A is liable to imprisonment for seven years, and also to fine. Intentional omission, by a person bound to inform, to give information of an offence

Section 202

Whoever, knowing or having reason to believe that an offence has been committed, intentiona...

Giving false information respecting an offence committed

Section 203

Whoever, knowing or having reason to believe that an offence has been committed, gives any...

Explanation—In sections 201 and 202 and in this section the word “offence” includes any act committed at any place out of Malaysia which if committed in Malaysia would be punishable under any of the following sections, namely, 302, 304, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460. Disclosure of information 203a. (1) Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both. Laws of Malaysia 130 Act 574

Subsection

(2) Whoever has any information or matter which to his knowledge has been disclosed in contravention of subsection (1) who discloses that information or matter to any other person shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both. Destruction of document to prevent its production as evidence

Section 204

Whoever secretes or destroys any document which he may be lawfully compelled to produce as...

False personation for the purpose of any act or proceeding in a suit

Section 205

Whoever falsely personates another, and in such assumed character makes any admission or st...

Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree

Section 206

Whoever fraudulently removes, conceals, transfers, or delivers to any person any property o...

Court in a civil suit, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. Penal Code 131 Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree

Section 207

Whoever fraudulently accepts, receives or claims any property or any interest therein, know...

Fraudulently suffering a decree for a sum not due

Section 208

Whoever fraudulently causes or suffers a decree or order to be passed against him at the su...

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section. Dishonestly making a false claim before a Court

Section 209

Whoever fraudulently, or dishonestly, or with intent to injure or annoy any person, makes b...

Laws of Malaysia 132 Act 574 Fraudulently obtaining a decree for a sum not due

Section 210

Whoever fraudulently obtains a decree or order against any person for a sum not due, or for...

False charge of offence made with intent to injure

Section 211

Whoever, with intent to cause injury to any person, institutes or causes to be instituted a...

Harbouring an offender

Section 212

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows...

Penal Code 133

Subsection

(2) In this section “offence” includes any act committed at any place out of Malaysia which if committed in Malaysia would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460, and every such act shall for the purposes of this section be deemed to be punishable as if the accused person had been guilty of it in Malaysia. Exception—This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. A, knowing that B, has committed gang-robbery, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment for a term not exceeding three years, and is also liable to fine. Taking gifts, etc., to screen an offender from punishment 213. Whoever accepts, or agrees to accept, or attempts to obtain any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall, if the offence is punishable with death, be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years or upwards, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence or with fine or with both. Laws of Malaysia 134 Act 574 Offering gift or restoration of property in consideration of screening offender

Section 214

Whoever gives or causes, or offers or agrees to give or cause, any gratification to any per...

Exception—The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded. Taking gift to help to recover stolen property, etc.

Section 215

Whoever takes, or agrees or consents to take, any gratification for himself or any other pe...

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered

Section 216

Whenever any person convicted of, or charged with an offence, being in lawful custody for t...

Penal Code 135 or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if the offence for which the person was in custody, or is ordered to be apprehended, is punishable with death, he shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; if the offence is punishable with imprisonment for life, or imprisonment for ten years or upwards, he shall be punished with imprisonment for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment for not less than one year but less than ten years, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine or with both.

Subsection

(2) In this section “offence” includes also any act or omission of which a person is alleged to have been guilty out of Malaysia which if he had been guilty of it in Malaysia would have been punishable as an offence and for which he is under any law relating to extradition or fugitive offences, or otherwise liable to be apprehended or detained in custody in Malaysia and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Malaysia. Exception—This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended. Harbouring robbers or gang-robbers, etc.

Section 216a

Whoever, knowing or having reason to believe that any persons are about to commit or have r...

Explanation—For the purpose of this section it is immaterial whether the robbery or gang-robbery is intended to be committed or has been committed within or without Malaysia. Exception—This provision does not extend to the case in which the harbouring is by the husband or wife of the offender. Laws of Malaysia 136 Act 574 “Harbour”

Section 216b

In sections 212, 216 and 216a the word “harbour” includes the supplying a person with shelt...

Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture

Section 217

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way...

Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture

Section 218

Whoever, being a public servant, and being, as such public servant, charged with the prepar...

Public servant in a judicial proceeding corruptly making an order, report, etc., which he knows to be contrary to law

Section 219

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage...

Penal Code 137 Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law

Section 220

Whoever, being in any office which gives him legal authority to commit persons for trial or...

Intentional omission to apprehend on the part of a public servant bound by law to apprehend

Section 221

Whoever, being a public servant, legally bound as such public servant to apprehend or to ke...

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(a) with imprisonment for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with death;

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(b) with imprisonment for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to ten years or upwards; or

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(c) with imprisonment for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than ten years. Laws of Malaysia 138 Act 574 Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court

Section 222

Whoever, being a public servant, legally bound as such public servant to apprehend or to ke...

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(a) with imprisonment for a term which may extend to twenty years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;

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(b) with imprisonment for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for a term which may extend to twenty years; or

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(c) with imprisonment for a term which may extend to three years or with fine or with both, if the person in confinement, or who ought to have been apprehended, is subject, by a sentence of a Court, to imprisonment for a term not exceeding ten years, or if the person was lawfully committed to custody. Escape from confinement negligently suffered by a public servant and facilitating or enabling any terrorist act, etc.

Section 223

Whoever, being a public servant, legally bound as such public servant to keep in confinemen...

Penal Code 139

Subsection

(2) Whoever commits an offence under subsection (1) to facilitate or enable any terrorist act or organized criminal activity shall be punished with imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping. Resistance or obstruction by a person to his lawful apprehension

Section 224

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehensi...

Explanation—The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. Resistance or obstruction to the lawful apprehension of another person

Section 225

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehensi...

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(a) shall be punished with imprisonment for a term which may extend to two years or with fine or with both;

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(b) if the person to be apprehended, or the person rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for a term which may extend to twenty years, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine; Laws of Malaysia 140 Act 574

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(c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine;

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(d) if the person to be apprehended or rescued, or attempted to be rescued, is liable, under the sentence of a Court, or by virtue of a commutation of such a sentence, to imprisonment for a term of ten years or upwards, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine; or

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(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for 225a. (1) Whoever, being a public servant legally bound as such public servant to apprehend or to keep in confinement any person in any case not provided for in section 221, 222 or 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement shall be punished—

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(a) if he does so intentionally, with imprisonment for a term which may extend to three years or with fine or with both; or

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(b) if he does so negligently, with imprisonment for a term which may extend to two years or with fine or with both.

Subsection

(2) Whoever, in any case not provided for in section 224 or 225, or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment for a term which may extend to six months or with fine or with both. Penal Code 141 Offences against laws of Malaysia where no special punishment is provided 225b. Whoever does anything which by any law in force in Malaysia he is prohibited from doing, or omits to do anything which he is so enjoined to do, shall, when no special punishment is provided by the law for such commission or omission, be punished with imprisonment for a term which may extend to twelve months or with fine which may extend to two thousand ringgit or, with both.

Section 226

(Deleted by Ord. 11 of 1959).

Violation of condition of remission of punishment

Section 227

Whoever, having accepted any conditional remission of punishment, knowingly violates any co...

Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding

Section 228

Whoever intentionally offers any insult or causes any interruption to any public servant, w...

Personation of a juror or assessor

Section 229

Whoever, by personation or otherwise, intentionally cause or knowingly suffer himself to be...

Laws of Malaysia 142 Act 574

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OFFENCES RELATING TO COIN AND GOVERNMENT

STAMPS Interpretation

Section 230

“Coin” is metal used as money stamped and issued by the authority of the Government or by t...

“Counterfeit” includes the causing of a genuine coin to appear like a different coin if it is done with the intention of practising deception or with the knowledge that deception will thereby be caused.

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(a) Cowries are not coin.

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(b) Lumps of unstamped metal, though used as money, are not coin.

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(c) Medals are not coin, inasmuch as they are not intended to be used as money.

Section 231

(Deleted by Act A538).

Counterfeiting coin

Section 232

Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin,...

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Section 233

(Deleted by Act A327).

Making or selling instrument for counterfeiting coin

Section 234

Whoever makes or mends, or performs any part of the process of making or mending, or buys,...

Penal Code 143 Possession of instrument or material for the purpose of using the same for counterfeiting coin

Section 235

Whoever is in possession of any instrument or material for the purpose of using the same fo...

Abetting in Malaysia the counterfeiting of coin out of Malaysia

Section 236

Whoever, being within Malaysia, abets the counterfeiting of coin out of Malaysia, shall be...

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Section 237

(Deleted by Act A327).

Import or export of counterfeit coin

Section 238

Whoever imports or exports any counterfeit coin which he knows or has reason to believe to...

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Section 239

(Deleted by Act A327).

Delivery of coin, possessed with the knowledge that it is counterfeit

Section 240

Whoever, having any counterfeit coin which at the time when he became possessed of it he kn...

Laws of Malaysia 144 Act 574 Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit

Section 241

Whoever delivers to any other person as genuine, or attempts to induce any other person to...

A, a coiner, delivers counterfeit coins to his accomplice B, for the purpose of uttering them. B sells the coins to C, another utterer, who buys them knowing them to be counterfeit. C pays away the coins for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the coins discovers that they are counterfeit, and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 240.

Section 242

(Deleted by Act A327).

Possession of coin by a person who knew it to be counterfeit when he became possessed thereof

Section 243

Whoever, fraudulently or with intent that fraud may be committed, is in possession of count...

244–245. (There are no ss. 244–245).

Section 246

(Deleted by Act A327).

Penal Code 145 Fraudulently or dishonestly diminishing the weight or altering the composition of coin

Section 247

Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the...

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Section 248

(Deleted by Act A327).

Altering appearance of coin with intent that it shall pass as a coin of a different description

Section 249

Whoever performs on any coin any operation which alters the appearance of that coin, with t...

No text is available for this node.

Section 250

(Deleted by Act A327).

Delivery of coin, possessed with the knowledge that it is altered

Section 251

Whoever, having coin in his possession with respect to which the offence defined in section...

No text is available for this node.

Section 252

(Deleted by Act A327).

Laws of Malaysia 146 Act 574 Possession of coin by a person who knew it to be altered when he became possessed thereof

Section 253

Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin...

Delivery to another of coin as genuine, which when first possessed, the deliverer did not know to be altered

Section 254

Whoever delivers to any other person as genuine or as a coin of a different description fro...

Counterfeiting a Government stamp

Section 255

Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any...

Explanation—A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination. Penal Code 147 Having possession of an instrument or material for the purpose of counterfeiting a Government stamp

Section 256

Whoever has in his possession any instrument or material for the purpose of being used, or...

Making or selling an instrument for the purpose of counterfeiting a Government stamp

Section 257

Whoever makes, or performs any part of the process of making, or buys, or sells, or dispose...

Sale of counterfeit Government stamp

Section 258

Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be...

Having possession of a counterfeit Government stamp

Section 259

Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp iss...

Laws of Malaysia 148 Act 574 Using as genuine a Government stamp known to be counterfeit

Section 260

Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Go...

Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government

Section 261

Whoever, fraudulently or with intent to cause loss to the

Government, removes or effaces from any substance bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment for a term which may extend to three years or with fine or with both. Using a Government stamp known to have been before used

Section 262

Whoever, fraudulently or with intent to cause loss to the

Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. Erasure of mark denoting that stamp has been used

Section 263

Whoever, fraudulently or with intent to cause loss to

Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession, or sells or disposes of, any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment for a term which may extend to three years or with fine or with both. Penal Code 149

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OFFENCES RELATING TO WEIGHTS AND MEASURES

Fraudulent use of false instrument for weighing

Section 264

Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be...

Fraudulent use of false weight or measure

Section 265

Whoever fraudulently uses any false weight or false measure of length or capacity, or fraud...

Being in possession of false weights or measures

Section 266

Whoever is in possession of any instrument for weighing, or of any weight, or of any measur...

Making or selling false weights or measures

Section 267

Whoever makes, sells, or disposes of, any instrument for weighing, or any weight, or any me...

Laws of Malaysia 150 Act 574

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OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS Public nuisance

Section 268

A person is guilty of a public nuisance, who does any act, or is guilty of an illegal omiss...

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Subsection

(2) A common nuisance is not excused on the ground that it causes some convenience or advantage. Negligent act likely to spread infection of any disease dangerous to life

Section 269

Whoever unlawfully or negligently does any act which is, and which he knows or has reason t...

Malignant act likely to spread infection of any disease dangerous to life

Section 270

Whoever malignantly does any act which is, and which he knows or has reason to believe to b...

Disobedience to a quarantine rule

Section 271

Whoever knowingly disobeys any rule lawfully made and promulgated for putting any vessel in...

Penal Code 151 Adulteration of food or drink which is intended for sale

Section 272

Whoever adulterates any article of food or drink, so as to make such article noxious as foo...

Sale of noxious food or drink

Section 273

Whoever sells, or offers or exposes for sale, as food or drink, any article which has been...

Adulteration of drugs

Section 274

Whoever adulterates any drug or medical preparation in such a manner as to lessen the effic...

Sale of adulterated drugs

Section 275

Whoever, knowing any drug or medical preparation to have been adulterated in such a manner...

Laws of Malaysia 152 Act 574 Sale of any drug as a different drug or preparation

Section 276

Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for med...

Fouling the water of a public spring or reservoir

Section 277

Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to...

Making atmosphere noxious to health

Section 278

Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the he...

Rash driving or riding on a public way

Section 279

Whoever drives any vehicle, or rides on any public way in a manner so rash or negligent as...

Rash navigation of a vessel

Section 280

Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or...

Penal Code 153 Exhibition of a false light, mark or buoy

Section 281

Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that s...

Conveying person by water for hire in a vessel overloaded or unsafe

Section 282

Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by...

Danger or obstruction in a public way or navigation

Section 283

Whoever, by doing any act, or by omitting to take order with any property in his possession...

Negligent conduct with respect to any poisonous substance

Section 284

Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to...

Laws of Malaysia 154 Act 574 Negligent conduct with respect to any fire or combustible matter

Section 285

Whoever does, with fire or any combustible matter, any act so rashly or negligently as to e...

Negligent conduct with respect to any explosive substance

Section 286

Whoever does, with any explosive substance, any act so rashly or negligently as to endanger...

Negligent conduct with respect to any machinery in the possession or under the charge of the offender

Section 287

Whoever does, with any machinery, any act so rashly or negligently as to endanger human lif...

Negligence with respect to pulling down or repairing buildings

Section 288

Whoever, in pulling down or repairing any building, knowingly or negligently omits to take...

Penal Code 155 Negligence with respect to any animal

Section 289

Whoever knowingly or negligently omits to take such order with any animal in his possession...

Punishment for public nuisance

Section 290

Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall...

Continuance of nuisance after injunction to discontinue

Section 291

Whoever repeats or continues a public nuisance, having been enjoined by any public servant...

Sale, etc., of obscene books, etc.

Section 292

Whoever—

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(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object or document whatsoever;

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(b) imports, exports or conveys any obscene object or document for any of the purposes aforesaid, or knowing or having reason to believe that such object or document will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation; Laws of Malaysia 156 Act 574

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(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects or documents are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation;

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(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object or document can be procured from or through any person; or

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(e) offers, or attempts to do any act which is an offence under this section, shall be punished with imprisonment for a term which may extend to three years or with fine or with both. Exception—This section does not extend to any book, pamphlet, writing, drawing, or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. Sale, etc., of obscene objects or documents to young person

Section 293

Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the ag...

Obscene songs

Section 294

Whoever, to the annoyance of others—

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(a) does any obscene act in any public place; or

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(b) sings, recites or utters any obscene song, ballad or words in or near any public place, shall be punished with imprisonment for a term which may extend to three months or with fine or with both. Penal Code 157

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OFFENCES RELATING TO RELIGION

Injuring or defiling a place of worship with intent to insult the religion of any class

Section 295

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any...

Disturbing a religious assembly

Section 296

Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance...

Trespassing on burial places, etc.

Section 297

Whoever, with the intention of wounding the feelings of any person, or of insulting the rel...

Laws of Malaysia 158 Act 574 Uttering words, etc., with deliberate intent to wound the religious feelings of any person

Section 298

Whoever, with deliberate intention of wounding the religious feelings of any person, utters...

Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion 298a. (1) Whoever by words, either spoken or written, or by signs, or by visible representations, or by any act, activity or conduct, or by organizing, promoting or arranging, or assisting in organizing, promoting or arranging, any activity, or otherwise in any other manner—

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(a) causes, or attempts to cause, or is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill will; or

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(b) prejudices, or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity, on grounds of religion, between persons or groups of persons professing the same or different religions, shall be punished with imprisonment for a term of not less than two years and not more than five years.

Subsection

(2) Sections 173a and 294 of the Criminal Procedure Code shall not apply in respect of an offence under subsection (1).

Subsection

(3) Where any person alleges or imputes in any manner specified in subsection (1)—

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(a) that any other person, or any class, group or description of persons, professing any particular religion—

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(i) has ceased to profess that religion; Penal Code 159

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(ii) should not be accepted, or cannot be accepted, as professing that religion; or

Subparagraph

(iii) does not believe, follow, profess, or belong to, that religion; or

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(b) that anything lawfully done by any religious official appointed, or by any religious authority established, constituted or appointed, by or under any written law, in the exercise of any power, or in the discharge of any duty, or in the performance of any function, of a religious character, by virtue of being so appointed, established or constituted, is not acceptable to such person, or should not be accepted by any other person or persons, or does not accord with or fulfil the requirements of that religion, or is otherwise wrong or improper, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing the religion referred to in the allegation or imputation.

Subsection

(4) (a) Where, on any ground of a religious character, any person professing any particular religion uses for burial or cremation of any human corpse a place other than one which is lawfully used for such purpose by persons professing that religion, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing that religion.

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(b) Where any person, on any ground of a religious character, counsels, advises, instigates, urges, pleads with, or appeals or propagates to, or in any manner or by any means call upon, whether directly or indirectly, any other person or persons professing any particular religion—

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(i) to use for burial or cremation of any human corpse a place other than one which is lawfully used for such purpose by persons professing that religion; Laws of Malaysia 160 Act 574

Subparagraph

(ii) not to use for burial or cremation of any human corpse any place which is lawfully used for such purpose by persons professing that religion; or

Subparagraph

(iii) not to use for worship any place which is lawfully used for such purpose by persons professing that religion, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing that religion or different religions.

Subsection

(5) Where any person who is not a religious official appointed, or a religious authority established, constituted or appointed, by or under any written law purports to exercise any power, or to discharge any duty, or to perform any function, of a religious character, being a power, duty or function which can be lawfully exercised, discharged or performed only by a religious official appointed, or a religious authority established, constituted or appointed, by or under any written law, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing the same or different religions.

Subsection

(6) The foregoing provisions of this section shall not apply to—

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(a) anything done by any religious authority established, constituted or appointed by or under any written law and conferred by written law with power to give or issue any ruling or decision on any matter pertaining to the religion in respect of which the authority is established, constituted or appointed; or

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(b) anything done by any person which is in pursuance of, or which accords with, any ruling or decision given or issued by such religious authority, whether or not such ruling or decision is in writing, and if in writing, whether or not it is published in the Gazette. Penal Code 161

Subsection

(7) It shall not be a defence to any charge under this section to assert that what the offender is charged with doing was done in any honest belief in, or in any honest interpretation of, any precept, tenet or teaching of any religion.

Subsection

(8) If in any proceedings under this section any question arises with regard to the interpretation of any aspect of, or any matter in relation to, any religion, the Court shall accept the interpretation given by any religious authority referred to in subsection (6), being a religious authority in respect of that religion.

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OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life Culpable homicide

Section 299

Whoever causes death by doing an act with the intention of causing death, or with the inten...

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(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

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(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence, but A has committed the offence of culpable homicide.

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(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1—A person who causes bodily injury to another who is labouring under a disorder, disease, or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Laws of Malaysia 162 Act 574 Explanation 2—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3—The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. Murder

Section 300

Except in the cases hereinafter excepted, culpable homicide is murder—

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(a) if the act by which the death is caused is done with the intention of causing death;

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(b) if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;

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(c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or

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(d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.

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(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

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(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. Penal Code 163

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(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.

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(d) A, without any excuse, fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation, or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:

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(a) that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person;

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(b) that the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant;

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(c) that the provocation is not given by anything done in the lawful exercise of the right of private defence. Explanation—Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder, is a question of fact.

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(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

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(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

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(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.

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(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. Laws of Malaysia 164 Act 574

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(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was given by a thing done in the exercise of the right of private defence.

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(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2—Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law, and causes the death of the person against whom he is exercising such right of defence, without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A, believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3—Culpable homicide is not murder if the offender, being a public servant, or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant, and without ill will towards the person whose death is caused. Exception 4—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, and without the offender having taken undue advantage or acted in a cruel or unusual manner. Explanation—It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death, or takes the risk of death with his own consent. A, by instigation, voluntarily causes Z, a person under eighteen years of age, to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death. A has therefore abetted murder. Penal Code 165 Culpable homicide by causing the death of a person other than the person whose death was intended

Section 301

If a person, by doing anything which he intends or knows to be likely to cause death, commi...

Punishment for murder

Section 302

Whoever commits murder shall be punished with death or imprisonment for a term of not less...

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Section 303

(There is no s. 303).

Punishment for culpable homicide not amounting to murder

Section 304

Whoever commits culpable homicide not amounting to murder shall be punished—

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(a) with imprisonment for a term which may extend to thirty years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or

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(b) with imprisonment for a term which may extend to ten years or with fine or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. Laws of Malaysia 166 Act 574 Causing death by negligence 304a. Whoever causes the death of any person, by doing any rash or negligence act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. Abetment of suicide of child or insane person

Section 305

If any person under eighteen years of age, any insane person, any delirious person, any idi...

Abetment of suicide

Section 306

If any person commits suicide, whoever abets the commission of such suicide shall be punish...

Attempt to murder

Section 307

Whoever does any act with such intention or knowledge and under such circumstances, that if...

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Subsection

(2) (Deleted by Act 846).

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(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. Penal Code 167

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(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

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(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section; and if by such firing he wounds Z, he is liable to the punishment by the latter part of this section.

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(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section. Attempt to commit culpable homicide

Section 308

Whoever does any act with such intention or knowledge and under such circumstances that if...

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. Attempt to commit suicide

Section 309

Whoever attempts to commit suicide, and does any act towards the commission of such offence...

Laws of Malaysia 168 Act 574 Infanticide 309a. When any woman by any wilful act or omission causes the death of her newly-born child, but at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and by reason thereof the balance of her mind was then disturbed, she shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of the offence of infanticide. Punishment for infanticide 309b. Whoever commits the offence of infanticide shall be punished at the discretion of the Court, with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. 310–311. (There are no ss. 310–311). Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births Causing miscarriage

Section 312

Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonme...

Explanation—A woman who causes herself to miscarry is within the meaning of this section. Exception—This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated. Penal Code 169 Causing miscarriage without woman’s consent

Section 313

Whoever commits the offence defined in section 312, without the consent of the woman, wheth...

Death caused by act done with intent to cause miscarriage. If act done without woman’s consent

Section 314

Whoever, with intent to cause the miscarriage of a woman with child, does any act which cau...

Explanation—It is not essential to this offence that the offender should know that the act is likely to cause death. Act done with intent to prevent a child being born alive or to cause it to die after birth

Section 315

Whoever before the birth of any child does any act with the intention of thereby preventing...

Causing death of a quick unborn child by an act amounting to culpable homicide

Section 316

Whoever does any act under such circumstances that if he thereby caused death he would be g...

Laws of Malaysia 170 Act 574 A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. Exposure and abandonment of a child under twelve years by parent or person having care of it

Section 317

Whoever, being the father or mother of a child under the age of twelve years, or having the...

Explanation—This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure. Concealment of birth by secret disposal of dead body

Section 318

Whoever by secretly burying or otherwise disposing of the dead body of a child, whether suc...

Hurt Hurt

Section 319

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Grievous hurt

Section 320

The following kinds of hurt only are designated as “grievous”:

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(a) emasculation; Penal Code 171

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(b) permanent privation of the sight of either eye;

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(c) permanent privation of the hearing of either ear;

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(d) privation of any member or joint;

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(e) destruction or permanent impairing of the powers of any member or joint;

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(f) permanent disfiguration of the head or face;

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(g) fracture or dislocation of a bone;

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(h) any hurt which endangers life, or which causes the sufferer to be, during the space of ten days, in severe bodily pain, or unable to follow his ordinary pursuits. Voluntarily causing hurt

Section 321

Whoever does any act with the intention of thereby causing hurt to any person, or with the...

Voluntarily causing grievous hurt

Section 322

Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to...

“voluntarily to cause grievous hurt”. Explanation—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of ten days. A has voluntarily caused grievous hurt. Laws of Malaysia 172 Act 574 Punishment for voluntarily causing hurt

Section 323

Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be...

Voluntarily causing hurt by dangerous weapons or means

Section 324

Whoever, except in the case provided for by section 334, voluntarily causes hurt by means o...

Offensive Weapons Act 1958, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to ten years or with fine or with whipping or with any two of such punishments. Punishment for voluntarily causing grievous hurt

Section 325

Whoever, except in the case provided by section 335, voluntarily causes grievous hurt, shal...

Voluntarily causing grievous hurt by dangerous weapons or means

Section 326

Whoever, except in the case provided by section 335, voluntarily causes grievous hurt by me...

Penal Code 173 of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping. Punishment for causing hurt to spouse, former spouse, etc.

Section 326a

Whoever causes hurt to his spouse or former spouse, a child, an incapacitated adult or othe...

shall be punished with imprisonment for a term which may extend to twice of the maximum term for which he would have been liable on conviction for that offence under the relevant section notwithstanding any other punishment provided for that offence.

Subsection

(2) For the purpose of this section, “spouse”, “child”, “incapacitated adult” and “other member of the family” have the meanings assigned to them in section 2 of the Domestic Violence Act 1994 [Act 521]. Voluntarily causing hurt to extort property or to constrain to an illegal act

Section 327

Whoever, voluntarily causes hurt for the purpose of extorting from the sufferer, or from an...

Causing hurt by means of poison, etc., with intent to commit an offence

Section 328

Whoever administers to, or causes to be taken by any person, any poison or any stupefying,...

Laws of Malaysia 174 Act 574 Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

Section 329

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or...

Voluntarily causing hurt to extort confession or to compel restoration of property

Section 330

Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any...

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(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

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(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

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(c) A, a revenue officer, tortures Z in order to compel him to confess to a pretended offence against the excise laws. A is guilty of an offence under this section. Penal Code 175 Voluntarily causing grievous hurt to extort confession or to compel restoration of property

Section 331

Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer, or...

Voluntarily causing hurt to deter public servant from his duty

Section 332

Whoever voluntarily causes hurt to any person being a public servant in the discharge of hi...

Voluntarily causing grievous hurt to deter public servant from his duty

Section 333

Whoever voluntarily causes grievous hurt to any person being a public servant in the discha...

Laws of Malaysia 176 Act 574 Voluntarily causing hurt on provocation

Section 334

Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor...

Causing grievous hurt on provocation

Section 335

Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither int...

Explanation—The last two sections are subject to the same provisos as Exception 1 of section 300. Punishment for act which endangers life or the personal safety of others

Section 336

Whoever does any act so rashly or negligently as to endanger human life or the personal saf...

Causing hurt by an act which endangers life or the personal safety of others

Section 337

Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger...

Penal Code 177 Causing grievous hurt by an act which endangers life or the personal safety of others

Section 338

Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to...

Wrongful Restraints and Wrongful Confinement Wrongful restraint

Section 339

Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in a...

Exception—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. Wrongful confinement

Section 340

Whoever wrongfully restrains any person in such a manner as to prevent that person from pro...

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(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

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(b) A places men with firearms at the outlets of a building and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. Laws of Malaysia 178 Act 574 Punishment for wrongful restraint

Section 341

Whoever wrongfully restrains any person shall be punished with imprisonment for a term whic...

Punishment for wrongful confinement

Section 342

Whoever wrongfully confines any person shall be punished with imprisonment for a term which...

Wrongful confinement for three or more days

Section 343

Whoever wrongfully confines any person for three days or more, shall be punished with impri...

Wrongful confinement for ten or more days

Section 344

Whoever wrongfully confines any person for ten days or more, shall be punished with impriso...

Wrongful confinement of person for whose liberation a writ has been issued

Section 345

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of...

Penal Code 179 Wrongful confinement in secret

Section 346

Whoever wrongfully confines any person in such a manner as to indicate an intention that th...

Wrongful confinement for the purpose of extorting property or constraining to an illegal act

Section 347

Whoever wrongfully confines any person for the purpose of extorting from the person confine...

Wrongful confinement for the purpose of extorting confession or of compelling restoration of property

Section 348

Whoever wrongfully confines any person for the purpose of extorting from the person confine...

Laws of Malaysia 180 Act 574 Criminal Force and Assault Force

Section 349

A person is said to use force to another if he causes motion, change of motion, or cessatio...

Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described—

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(a) by his own bodily power;

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(b) by disposing any substance in such a manner that the motion, or change or cessation of motion, takes place without any further act on his part, or on the part of any other person;

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(c) by inducing any animal to move, to change its motion, or to cease to move. Criminal force

Section 350

Whoever intentionally uses force to any person, without that person’s consent, in order to...

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(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z. A has used criminal force to Z. Penal Code 181

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(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has committed criminal force to Z.

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(c) Z is riding in a carriage. A, intending to rob Z, seizes the horse and stops the carriage. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to the commission of an offence, A has used criminal force to Z.

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(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

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(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.

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(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

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(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.

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(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

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(i) A, a head teacher, in the reasonable exercise of his discretion as head teacher, canes B, one of his scholars. A does not use criminal force to B because, although A intends to cause fear and annoyance, he does not use force illegally. Laws of Malaysia 182 Act 574 Assault

Section 351

Whoever makes any gesture or any preparation, intending or knowing it to be likely that suc...

Explanation—Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault.

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(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault.

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(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.

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(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances might not amount to an assault, the gesture explained by the words may amount to an assault. Punishment for using criminal force otherwise than on grave provocation

Section 352

Whoever assaults or uses criminal force to any person otherwise than on grave and sudden pr...

Explanation—Grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; if the provocation is given by anything done in obedience to the law or by a public servant in the lawful exercise of the powers of such public servant; or Penal Code 183 if the provocation is given by anything done in the lawful exercise of the right of private defence. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. Punishment for using criminal force by spouse 352a. Whoever, during the subsistence of a valid marriage, assaults or uses criminal force on his spouse shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ringgit, or with both. Using criminal force to deter a public servant from discharge of his duty

Section 353

Whoever assaults or uses criminal force to any person being a public servant in the executi...

Assault or use of criminal force to a person with intent to outrage modesty

Section 354

Whoever assaults or uses criminal force to any person, intending to outrage or knowing it t...

Assault or criminal force with intent to dishonour a person, otherwise than on grave provocation

Section 355

Whoever assaults or uses criminal force to any person, intending thereby to dishonour that...

Laws of Malaysia 184 Act 574 Assault or criminal force in attempt to commit theft of property carried by a person

Section 356

Whoever assaults or uses criminal force to any person, in attempting to commit theft on any...

Assault or criminal force in attempt wrongfully to confine a person

Section 357

Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine...

Assaulting or using criminal force on grave provocation

Section 358

Whoever assaults or uses criminal force to any person on grave and sudden provocation given...

Explanation—The last section is subject to the same explanation as section 352. Kidnapping, Abduction, Slavery and Forced Labour Kidnapping

Section 359

Kidnapping is of two kinds: kidnapping from Malaysia and kidnapping from lawful guardianshi...

Kidnapping from Malaysia

Section 360

Whoever conveys any person beyond the limits of Malaysia without the consent of that person...

Penal Code 185 Kidnapping from lawful guardianship

Section 361

Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen...

Explanation—The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person. Exception—This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. Abduction

Section 362

Whoever by force compels or by any deceitful means induces any person to go from any place,...

Punishment for kidnapping

Section 363

Whoever kidnaps any person from Malaysia or from lawful guardianship, shall be punished wit...

Kidnapping or abducting in order to murder

Section 364

Whoever kidnaps or abducts any person in order that such person may be murdered, or may be...

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(a) A kidnaps Z from Malaysia intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.

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(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. Laws of Malaysia 186 Act 574 Kidnapping or abducting with intent secretly and wrongfully to confine a person

Section 365

Whoever kidnaps or abducts any person with intent to cause that person to be secretly and w...

Kidnapping or abducting a woman to compel her marriage, etc.

Section 366

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it t...

Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.

Section 367

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be...

Wrongfully concealing or keeping in confinement a kidnapped person

Section 368

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully concea...

Penal Code 187 Kidnapping or abducting child under ten years with intent to steal movable property from the person of such child

Section 369

Whoever kidnaps or abducts any child under the age of ten years, with the intention of taki...

Buying or disposing of any person as a slave

Section 370

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or acc...

Habitual dealing in slaves

Section 371

Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, sh...

Exploiting any person for purposes of prostitution

Section 372

Whoever—

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(a) sells, lets for hire or otherwise disposes of, or procures, buys or hires or otherwise obtains possession of, any person with such intention that the person is to be employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, or knowing or having reason to believe that the person will be so employed or used;

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(b) by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within or outside Malaysia, brings or assists in bringing into, or takes out or assists in taking out of, Malaysia, any person with such intention that the person is to be Laws of Malaysia 188 Act 574 employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, or knowing or having reason to believe that the person will be so employed or used;

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(c) receives or harbours any person—

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(i) who has been sold, let for hire or otherwise disposed of, or who has been procured, purchased, hired or otherwise obtained possession of in the circumstances as set out in paragraph (a); or

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(ii) who has been brought into or taken out of Malaysia in the circumstances as set out in paragraph (b), knowing or having reason to believe that the person is to be employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, and with intent to aid such purpose;

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(d) wrongfully restrains any person in any place with such intention that the person will be used or employed for the purpose of prostitution or of having sexual intercourse with any other person;

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(e) by means of any advertisement or other notice published in any manner or displayed in any place for prostitution service or a service which a reasonable person would understand it to be a prostitution service, offers any person for the purpose of prostitution or seeks information for that purpose or accepts such advertisement or notice for publication or display;

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(f) acts as an intermediary on behalf of another or exercises control or influence over the movements of another in such a manner as to show that the person is aiding or abetting or controlling the prostitution of that other, shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall also be liable to fine. Penal Code 189

Subsection

(2) For the purpose of paragraph (1)(d), it shall be presumed until the contrary is proved that a person wrongfully restrains a person if he—

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(a) withholds from that person wearing apparel or any other property belonging to that person or wearing apparel commonly or last used by that person;

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(b) threatens that person to whom wearing apparel or any other property has been let or hired out or supplied to with legal proceedings if he takes away such wearing apparel or property;

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(c) threatens that person with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever; or

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(d) without any lawful authority, detains that person’s identity card issued under the law relating to national registration or that person’s passport.

Subsection

(3) In this section and in sections 372a and 372b, “prostitution” means the act of a person offering that person’s body for sexual gratification for hire whether in money or in kind; and “prostitute” shall be construed accordingly. Persons living on or trading in prostitution 372a. (1) Whoever knowingly lives wholly or in part on the earnings of the prostitution of another person shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall also be liable to fine.

Subsection

(2) Where any person is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that that person is aiding, abetting or compelling the prostitution of the prostitute with any other person or generally that person shall, in the absence of any proof to the contrary, be deemed to be knowingly living on the earnings of prostitution. Laws of Malaysia 190 Act 574 Soliciting for purpose of prostitution 372b. Whoever solicits or importunes for the purpose of prostitution or any immoral purpose in any place shall be punished with imprisonment for a term not exceeding one year or with fine or with both. Suppression of brothels

Section 373

Whoever—

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(a) keeps, manages or assists in the management of a brothel;

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(b) being the owner of any place or the agent of such owner, or being the occupier of any place, lets the place or any part thereof with the knowledge that such place or part is to be used as a brothel or permits such place or part to be used as a brothel or is wilfully a party to the continued use of such place or part as a brothel, shall be punished with imprisonment which may extend to fifteen years, and shall also be liable to fine.

Subsection

(2) In this section, “brothel” means any place occupied or used by any two or more persons whether at the same time or at different times for purposes of prostitution.

Section 373a

(Deleted by Act A1131).

Unlawful compulsory labour

Section 374

Whoever unlawfully compels any person to labour against the will of that person, shall be p...

Penal Code 191 Hostage-Taking Hostage-taking 374a. Whoever seizes or detains and threatens to kill, to injure or to continue to detain another person (“the hostage”) to compel the Government of Malaysia or the Government of any State in Malaysia, any other government, or any international organization or any other person or group of persons to do or refrain from doing any act as an explicit or implicit condition for the release of the hostage shall be punished—

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(a) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and

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(b) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine. Rape Rape

Section 375

A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual int...

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(a) against her will;

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(b) without her consent;

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(c) with her consent, when her consent has been obtained by putting her in fear of death or hurt to herself or any other person, or obtained under a misconception of fact and the man knows or has reason to believe that the consent was given in consequence of such misconception; Laws of Malaysia 192 Act 574

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(d) with her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married or to whom she would consent;

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(e) with her consent, when, at the time of giving such consent, she is unable to understand the nature and consequences of that to which she gives consent;

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(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;

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(g) with or without her consent, when she is under sixteen years of age. Explanation—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception—Sexual intercourse by a man with his own wife by a marriage which is valid under any written law for the time being in force, or is recognized in Malaysia as valid, is not rape. Explanation 1—A woman—

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(a) living separately from her husband under a decree of judicial separation or a decree nisi not made absolute; or

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(b) who has obtained an injunction restraining her husband from having sexual intercourse with her, shall be deemed not to be his wife for the purposes of this section. Explanation 2—A Muslim woman living separately from her husband during the period of ‘iddah, which shall be calculated in accordance with Hukum Syara’, shall be deemed not to be his wife for the purposes of this section. Husband causing hurt in order to have sexual intercourse 375a. Any man who during the subsistence of a valid marriage causes hurt or fear of death or hurt to his wife or any other person in order to have sexual intercourse with his wife shall be punished with imprisonment for a term which may extend to five years. Penal Code 193 Gang rape 375b. Whoever commits gang rape shall be punished with imprisonment for a term of not less than ten years and not more than thirty years. Explanation—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this section. Punishment for rape

Section 376

Subject to subsections (2), (3) and (4), whoever commits rape shall be punished with impris...

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Subsection

(2) Whoever commits rape on a woman under any of the following circumstances:

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(a) at the time of, or immediately before or after the commission of the offence, causes hurt to her or to any other person;

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(b) at the time of, or immediately before or after the commission of the offence, puts her in fear of death or hurt to herself or any other person;

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(c) the offence was committed in the company of or in the presence of any other person;

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(d) without her consent, when she is under sixteen years of age;

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(e) with or without her consent, when she is under twelve years of age;

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(f) with her consent, when the consent is obtained by using his position of authority over her or because of professional relationship or other relationship of trust in relation to her;

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(g) at the time of the offence the woman was pregnant; Laws of Malaysia 194 Act 574

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(h) when by reason or on occasion of the rape, the woman becomes insane;

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(i) when he knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is or may be transmitted to the woman;

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(j) when by reason or on occasion of the rape, the woman commits suicide; or

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(k) when he knew of the mental disability, emotional disorder or physical handicap of the woman at the time of the commission of the crime, shall be punished with imprisonment for a term of not less than ten years and not more than thirty years and shall also be punished with whipping.

Subsection

(3) Whoever commits rape on a woman whose relationship to him is such that he is not permitted under the law, religion, custom or usage, to marry her, shall be punished with imprisonment for a term of not less than eight years and not more than thirty years, and shall also be punished with whipping of not less than ten strokes.

Subsection

(4) Whoever whilst committing or attempting to commit rape causes the death of the woman on whom the rape is committed or attempted shall be punished with death or imprisonment for a term of not less than fifteen years and not more than thirty years, and shall also be punished with whipping of not less than ten strokes. Incest Incest 376a. A person is said to commit incest if he or she has sexual intercourse with another person whose relationship to him or her is such that he or she is not permitted, under the law, religion, custom or usage applicable to him or her, to marry that other person. Penal Code 195 Punishment for incest 376b. (1) Whoever commits incest shall be punished with imprisonment for a term of not less than ten years and not more than thirty years, and shall also be punished with whipping.

Subsection

(2) It shall be a defence to a charge against a person under this section if it is proved—

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(a) that he or she did not know that the person with whom he or she had sexual intercourse was a person whose relationship to him or her was such that he or she was not permitted under the law, religion, custom or usage applicable to him or her to marry that person; or

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(b) that the act of sexual intercourse was done without his or her consent. Explanation—A person who is under sixteen years of age, if female, or under thirteen years of age, if male, shall be deemed to be incapable of giving consent. Unnatural Offences Buggery with an animal

Section 377

Whoever voluntarily has carnal intercourse with an animal shall be punished with imprisonme...

Explanation—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. Carnal intercourse against the order of nature 377a. Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature. Explanation—Penetration is sufficient to constitute the sexual connection necessary to the offence described in this section. Laws of Malaysia 196 Act 574 Punishment for committing carnal intercourse against the order of nature 377b. Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be punished with whipping. Committing carnal intercourse against the order of nature without consent, etc.

Section 377c

Whoever voluntarily commits carnal intercourse against the order of nature on another perso...

Sexual connection by object, etc. 377ca. Any person who has sexual connection with another person by the introduction of any object or any part of the body, except the penis into the vagina or anus of the other person without the other person’s consent shall be punished with imprisonment for a term of not less than five years and not more than thirty years, and shall also be liable to whipping. Exception—This section does not extend to where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes. Outrages on decency 377d. Any person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be punished with imprisonment for a term which may extend to two years. Penal Code 197 Inciting a child to an act of gross indecency 377e. Any person who incites a child under the age of fourteen years to any act of gross indecency with him or another person shall be punished with imprisonment for a term of not less than three years and not more than fifteen years, and shall also be punished with whipping.

Text

OFFENCES AGAINST PROPERTY

Theft Theft

Section 378

Whoever, intending to take dishonestly any movable property out of the possession of any pe...

Explanation 1—A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2—A moving, effected by the same act which effects the severance, may be a theft. Explanation 3—A person is said to cause a thing to move by removing an obstacle which prevented it from moving, or by separating it from any other thing, as well as by actually moving it. Explanation 4—A person, who by any means causes an animal to move, is said to move that animal, and to move everything which in consequence of the motion so caused is moved by that animal. Explanation 5—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Laws of Malaysia 198 Act 574

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(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.

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(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.

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(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

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(d) A, being Z’s servant and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate without Z’s consent. A has committed theft.

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(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not, therefore, be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

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(f) A finds a ring belonging to Z on a table in the house which he occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft.

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(g) A finds a ring lying on the high road, not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property.

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(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

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(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, take his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.

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(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. Penal Code 199

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(k) Again, if A having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property, inasmuch as he takes it dishonestly.

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(l) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.

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(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence and takes away a book, without Z’s express consent, for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

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(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A, knows to belong to Z, her husband. Here it is probable that A may conceive that Z’s wife is authorized to give away alms. If this was A’s impression, A has not committed theft.

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(o) A is the paramour of Z’s wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.

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(p) A in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft. Punishment for theft

Section 379

Whoever commits theft shall be punished with imprisonment for a term which may extend to se...

Punishment for theft of a motor vehicle 379a. (1) Whoever commits theft of a motor vehicle or any component part of a motor vehicle shall be punished with imprisonment for a term of not less than one year and not more than seven years, and shall also be liable to fine. Laws of Malaysia 200 Act 574

Subsection

(2) In this section— “component part”, in relation to a motor vehicle, includes any tyre, accessory or equipment; “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and includes a trailer drawn by a motor vehicle. Theft in dwelling house, etc.

Section 380

Whoever commits theft in any building, tent, or vessel, which building, tent, or vessel is...

Theft by clerk or servant of property in possession of master

Section 381

Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant,...

Theft after preparation made for causing death or hurt in order to commit theft

Section 382

Whoever commits theft, having made preparation for causing death or hurt or restraint, or f...

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(a) A commits theft of property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. Penal Code 201

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(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Persons convicted of an offence against section 379, 380 or 382 committing subsequent offence against such sections 382a. Whoever, having been convicted of an offence under section 379, 380 or 382 subsequently commits an offence under any other of the said three sections, shall be deemed to have committed a second offence under the section under which he has been subsequently convicted. Extortion Extortion

Section 383

Whoever intentionally puts any person in fear of any injury to that person or to any other,...

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(a) A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

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(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain moneys to A. Z signs and delivers the note. A has committed extortion.

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(c) A threatens to send men to plough up Z’s field, unless Z will sign and deliver to B a bond, binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.

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(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion. Laws of Malaysia 202 Act 574 Punishment for extortion

Section 384

Whoever commits extortion shall be punished with imprisonment for a term which may extend t...

Putting person in fear of injury in order to commit extortion

Section 385

Whoever, in order to commit extortion, puts any person in fear, or attempts to put any pers...

Extortion by putting a person in fear of death or grievous hurt

Section 386

Whoever commits extortion by putting any person in fear of death or of grievous hurt to tha...

Putting person in fear of death or of grievous hurt in order to commit extortion

Section 387

Whoever, in order to commit extortion, puts or attempts to put any person in fear of death...

Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.

Section 388

Whoever commits extortion by putting any person in fear of an accusation against that perso...

Penal Code 203 with death, or with imprisonment for a term which may extend to twenty years, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine or to whipping; and if the offence is one punishable under sections 377, 377b and 377c, may be punished with imprisonment for a term which may extend to twenty years. Putting person in fear of accusation of offence, in order to commit extortion

Section 389

Whoever, in order to commit extortion puts or attempts to put any person in fear of an accu...

Robbery and Gang-Robbery Robbery

Section 390

In all robbery there is either theft or extortion.

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Subsection

(2) Theft is “robbery”, if, in order to commit theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death, or hurt, or wrongful restraint, or fear of instant death, or of instant hurt, or of instant wrongful restraint. Laws of Malaysia 204 Act 574

Subsection

(3) Extortion is “robbery”, if the offender, at the time of committing the extortion, is in the presence of the person put in fear and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

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(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to commit that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

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(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence, A has therefore committed robbery.

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(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child, who is there present. A has therefore committed robbery on Z.

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(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us one thousand ringgit”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.

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(e) Z is walking along a road. A on a motorcycle snatches Z’s handbag and in the process causes hurt to Z. A rides away with Z’s handbag. A has therefore committed robbery. Gang-robbery

Section 391

When two or more persons conjointly commit or attempt to commit a robbery, or where the who...

Penal Code 205 Punishment for robbery

Section 392

Whoever commits robbery shall be punished with imprisonment for a term which may extend to...

Attempt to commit robbery

Section 393

Whoever attempts to commit robbery shall be punished with imprisonment for a term which may...

Voluntarily causing hurt in committing robbery

Section 394

If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, s...

Punishment for gang-robbery

Section 395

Whoever commits gang-robbery shall be punished with imprisonment for a term which may exten...

Gang-robbery with murder

Section 396

If any one of two or more persons, who are conjointly committing gang-robbery, commits murd...

Laws of Malaysia 206 Act 574 Robbery when armed or with attempt to cause death or grievous hurt

Section 397

If at the time of committing or attempting to commit robbery, the offender is armed with or...

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Section 398

(Deleted by F.M.S. En. 30 of 1938).

Making preparation to commit gang-robbery

Section 399

Whoever makes any preparation for committing gang-robbery, shall be punished with imprisonm...

Punishment for belonging to gang of robbers

Section 400

Whoever shall belong to a gang of persons associated for the purpose of habitually committi...

Punishment for belonging to wandering gang of thieves

Section 401

Whoever shall belong to any wandering or other gang of persons associated for the purpose o...

Assembling for purpose of committing gang-robbery

Section 402

Whoever shall be one of two or more persons assembled for the purpose of committing gang-ro...

Penal Code 207 Criminal Misappropriation of Property Definition of “agent”, “company”, “director” and “officer”

Section 402a

For the purposes of sections 403, 404, 405, 406, 407,

408, 409, 409a, 409b, 415, 416, 417, 418, 419 and 420 of this Chapter, unless the contrary appears from the context: “agent” includes any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any company or other person whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, engineer, advocate and solicitor, accountant, auditor, surveyor, buyer, salesman, trustee executor, administrator, liquidator, trustee within the meaning of any Act relating to trusteeship or bankruptcy, receiver, director, manager or other officer of any company, club, partnership or association or in any other capacity either alone or jointly with any other person and whether in his own name or in the name of his principal or not; “company” means a company incorporated under any relevant law for the time being in force or pursuant to any corresponding previous enactment and includes any statutory corporations; “director” includes any person occupying the position of director of a company, by whatever name called, and includes a person who acts or issues directions or instructions in a manner in which directors of a company are accustomed to issue or act, and includes an alternate or substitute director, notwithstanding any defect in the appointment or qualification of such person; “officer” in relation to a company includes—

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(a) any director, secretary or employee of the company;

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(b) a receiver and manager of any part of the undertaking of the company appointed under a power contained in any instrument; and

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(c) any liquidator of a company appointed in a voluntary winding up, but does not include—

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(i) any receiver who is not also a manager; Laws of Malaysia 208 Act 574

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(ii) any receiver and manager appointed by the Court; or

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(iii) any liquidator appointed by the Court or by the creditors. Dishonest misappropriation of property

Section 403

Whoever dishonestly misappropriates, or converts to his own use, or causes any other person...

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(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

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(b) A, being on friendly terms with Z, goes into Z’s house in Z’s absence and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

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(c) A and B being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1—A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Penal Code 209 Explanation 2—A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner, and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means, or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believes that the real owner cannot be found.

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(a) A finds a ringgit on the high road, not knowing to whom the ringgit belongs. A picks up the ringgit. Here A has not committed the offence defined in this section.

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(b) A finds a letter on the high road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

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(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person who has drawn the cheque appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.

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(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

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(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

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(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. Laws of Malaysia 210 Act 574 Dishonest misappropriation of property possessed by a deceased person at time of his death

Section 404

Whoever dishonestly misappropriates, or converts to his own use or causes any other person...

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Criminal Breach of Trust Criminal breach of trust

Section 405

Whoever, being in any manner entrusted with property, or with any dominion over property ei...

“criminal breach of trust”.

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(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. Penal Code 211

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(b) A, is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.

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(c) A, residing in Kuala Lumpur, is agent for Z, residing in Penang. There is an express or implied contract between A and Z that all sums remitted by Z to A shall be invested by A according to Z’s direction. Z remits five thousand ringgit to A, with directions to A to invest the same in Government securities. A dishonestly disobeys the directions, and employs the money in his own business. A has committed criminal breach of trust.

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(d) But if A, in the last illustration, not dishonestly, but in good faith, believing that it will be more for Z’s advantage to hold shares in the Oriental Bank, disobeys Z’s directions, and buys shares in the Oriental Bank for Z, instead of buying Government securities, here, though Z should suffer loss and should be entitled to bring a civil action against A on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

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(e) A, a collector of Government money, or a clerk in a Government office, is entrusted with public money, and is either directed by law, or bound by a contract express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

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(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. Explanation—Upon any prosecution for any offence of criminal breach of trust, an employer who deducts the employee’s contribution from the wages payable to the employee for credit to any employee fund, by whatever name called, established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law within the meaning of this section. Punishment of criminal breach of trust

Section 406

Whoever commits criminal breach of trust shall be punished with imprisonment for a term not...

Laws of Malaysia 212 Act 574 Criminal breach of trust by carrier, etc.

Section 407

Whoever, being entrusted with property as a carrier, wharfinger, or warehouse-keeper, commi...

Criminal breach of trust by clerk or servant

Section 408

Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any mann...

Criminal breach of trust by public servant or agent

Section 409

Whoever, being in any manner entrusted with property, or with any dominion over property, i...

Defence not available 409a. It is no defence for any offence prescribed in sections 403, 404, 405, 406, 407, 408 and 409 to show that the property was openly appropriated or that the appropriation was duly recorded and entered in the books and accounts of any company or association or body of person whether incorporated or not. Explanation—The property of a company shall be regarded as belonging to the company notwithstanding that the directors of the said company are, either singly or jointly, entitled to the entire beneficial interest, of the shareholding in the said company. Penal Code 213 Presumption 409b. (1) Where in any proceeding it is proved—

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(a) for any offence prescribed in sections 403 and 404, that any person had misappropriated any property; or

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(b) for any offence prescribed in sections 405, 406, 407, 408 and 409, that any person entrusted with property or with dominion over property had—

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(i) misappropriated that property;

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(ii) used or disposed of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied which he had made touching the discharge of such trust; or

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(iii) suffered any person to do any of the acts described in subparagraph (i) or (ii) above, it shall be presumed that he had acted dishonestly until the contrary is proved.

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(2) The presumption under subsection (1) shall apply mutatis mutandis to the offences prescribed in sections 109 and 511 of the Code in relation to any of the offences referred to in that section. Receiving Stolen Property Stolen property

Section 410

Property the possession whereof has been transferred by theft, or by extortion, or by robbe...

Laws of Malaysia 214 Act 574 misappropriation or breach of trust or cheating has been committed within or without Malaysia. But if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

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(2) The expression “stolen property” includes any property into or for which the same has been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise. Dishonestly receiving stolen property

Section 411

Whoever dishonestly receives or retains any stolen property, knowing or having reason to be...

Receiving benefit derived from criminal activities of organized criminal group 411a. (1) Whoever receives from an organized criminal group a benefit that is derived from the criminal activities of the organized criminal group shall be punished with imprisonment for a term which may extend to six years if the person—

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(a) knows that it is an organized criminal group; and

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(b) knows or is reckless as to whether the benefit is derived from criminal activities of the organized criminal group.

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(2) For the purpose of this section, a benefit derived from the criminal activities of an organized criminal group is a benefit derived or realized or substantially derived or realized directly or indirectly from criminal activities of an organized criminal group. Penal Code 215 Dishonestly receiving property stolen in the commission of a gang-robbery

Section 412

Whoever dishonestly receives or retains any stolen property, the possession whereof he know...

Habitually dealing in stolen property

Section 413

Whoever habitually receives or deals in property which he knows or has reason to believe to...

Assisting in concealment of stolen property

Section 414

Whoever voluntarily assists in concealing or disposing of or making away with property whic...

Cheating Cheating

Section 415

Whoever by deceiving any person, whether or not such deception was the sole or main inducem...

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(a) fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property; or Laws of Malaysia 216 Act 574

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(b) intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation, or property, is said to “cheat”. Explanation 1—A dishonest concealment of facts is a deception within the meaning of this section. Explanation 2—Mere breach of contract is not of itself proof of an original fraudulent intent. Explanation 3—Whoever makes any representation through any person acting as an agent, or otherwise, for him, shall be deemed to have made the representation himself.

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(a) A, by falsely pretending to be in the Government service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

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(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

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(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.

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(d) A, by tendering in payment for an article, a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

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(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

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(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. Penal Code 217

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(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of pepper which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the pepper, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

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(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

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(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

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(j) A, playing with false dice, or marked cards, wins money from B. A cheats. Cheating by personation

Section 416

A person is said to “cheat by personation”, if he cheats by pretending to be some other per...

Explanation—The offence is committed whether the individual personated is a real or imaginary person.

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(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

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(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. Punishment for cheating

Section 417

Whoever cheats shall be punished with imprisonment for a term which may extend to five year...

Laws of Malaysia 218 Act 574 Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect

Section 418

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a per...

Punishment for cheating by personation

Section 419

Whoever cheats by personation shall be punished with imprisonment for a term which may exte...

Cheating and dishonestly inducing delivery of property

Section 420

Whoever cheats and thereby dishonestly induces the person deceived, whether or not the dece...

Fraudulent Deeds and Dispositions of Property Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

Section 421

Whoever dishonestly or fraudulently removes, conceals, or delivers to any person, or transf...

Penal Code 219 Dishonestly or fraudulently preventing from being made available for his creditors a debt or demand due to the offender

Section 422

Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any ot...

Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration

Section 423

Whoever dishonestly or fraudulently signs, executes, or becomes a party to any deed or inst...

Dishonest or fraudulent removal or concealment of consideration

Section 424

Whoever dishonestly or fraudulently conceals or removes any property of himself or any othe...

Mischief Mischief

Section 425

Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or dama...

Explanation 1—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that Laws of Malaysia 220 Act 574 he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

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(a) A voluntarily burns a valuable security belonging to Z, intending to cause wrongful loss to Z. A has committed mischief.

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(b) A introduces water into an ice-house belonging to Z, and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

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(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

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(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

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(e) A, having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief.

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(f) A causes a ship to be castaway, intending thereby to cause damage to Z, who has lent money on bottomry on the ship. A has committed mischief.

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(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

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(h) A causes cattle to enter upon a field belonging to Z, intending to cause, and knowing that he is likely to cause, damage to Z’s crop. A has committed mischief. Punishment for committing mischief

Section 426

Whoever commits mischief shall be punished with imprisonment for a term which may extend to...

Penal Code 221 Committing mischief and thereby causing damage to the amount of twenty-five ringgit

Section 427

Whoever commits mischief and thereby causes loss or damage to the amount of twenty-five rin...

Mischief by killing or maiming any animal

Section 428

Whoever commits mischief by killing, poisoning, maiming, or rendering useless, any animal o...

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Section 429

(Deleted by Act A1471).

Mischief by injury to works of irrigation or by wrongfully diverting water

Section 430

Whoever commits mischief by doing any act which causes, or which he knows to be likely to c...

Mischief affecting any public transportation 430a. Whoever commits mischief by doing any act with intent or with the knowledge that such act is likely to obstruct, upset, overthrow, injure or destroy any railway engine, train, tender, carriage, truck or any form of public transportation, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine or to whipping. Laws of Malaysia 222 Act 574 Mischief by injury to public road, bridge or river

Section 431

Whoever commits mischief by doing any act which renders, or which he knows to be likely to...

Mischief by injury to telegraph cable, wire, etc.

Section 431a

Whoever commits mischief by cutting or injuring any electric telegraph cable, wire, line, p...

Explanation—The injuring here must be of such a nature as to prevent the use of the electric telegraph cable, wire or line, for telegraphing, otherwise the offence will be punishable under section 426. Mischief by causing inundation or obstruction to public drainage, attended with damage

Section 432

Whoever commits mischief by doing any act which causes, or which he knows to be likely to c...

Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights

Section 433

Whoever commits mischief by destroying or moving any lighthouse or other light used as a se...

Penal Code 223 Mischief by destroying or moving, etc., a landmark fixed by public authority

Section 434

Whoever commits mischief by destroying or moving any landmark fixed by the authority of a p...

Mischief by fire or explosive substance with intent to cause damage to amount of fifty ringgit

Section 435

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing...

Mischief by fire or explosive substance with intent to destroy a house, etc.

Section 436

Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing...

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden

Section 437

Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or u...

Laws of Malaysia 224 Act 574 Punishment for the mischief described in the last section when committed by fire or any explosive substance

Section 438

Whoever commits or attempts to commit by fire or any explosive substance, such mischief as...

Punishment for intentionally running vessels aground or ashore with intent to commit theft, etc.

Section 439

Whoever intentionally runs any vessel aground or ashore intending to commit theft of any pr...

Mischief occurring during disturbances, etc.

Section 440

Whoever commits mischief—

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(a) while taking part in an unlawful assembly or in a riot; or

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(b) having made preparation for causing to any person death, or hurt or wrongful restraint, or fear of death, or of hurt or of wrongful restraint, shall be punished with imprisonment which may extend to five years, and shall also be liable to fine. Criminal Trespass Criminal trespass

Section 441

Whoever enters into or upon property in the possession of another with intent to commit an...

“criminal trespass”. Penal Code 225 House-trespass

Section 442

Whoever commits criminal trespass by entering into or remaining in any building, tent or ve...

Explanation—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass. Lurking house-trespass

Section 443

Whoever commits house-trespass, having taken precautions to conceal such house-trespass fro...

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Section 444

(Deleted by Act A1273).

Housebreaking

Section 445

A person is said to commit “housebreaking”, who commits house-trespass if he effects his en...

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(a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to commit the house-trespass;

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(b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building; Laws of Malaysia 226 Act 574

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(c) if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to commit the house-trespass, by any means by which that passage was not intended by the occupier of the house to be opened;

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(d) if he enters or quits by opening any lock in order to commit the house-trespass, or in order to quit the house after a house-trespass;

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(e) if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault;

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(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation—Any outhouse or building occupied with a house and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

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(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is housebreaking.

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(b) A commits house-trespass by creeping into a ship at a port-hole between decks, although found open. This is housebreaking.

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(c) A commits house-trespass by entering Z’s house through a window, although found open. This is housebreaking.

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(d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is housebreaking.

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(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is housebreaking.

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(f) A finds the key of Z’s house-door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is housebreaking. Penal Code 227

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(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is housebreaking.

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(h) Z, the door-keeper of Y, is standing in Y’s door way. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is housebreaking.

Section 446

(Deleted by Act A1273).

Punishment for criminal trespass

Section 447

Whoever commits criminal trespass shall be punished with imprisonment for a term which may...

Punishment for house-trespass

Section 448

Whoever commits house-trespass shall be punished with imprisonment for a term which may ext...

House-trespass in order to commit an offence punishable with death

Section 449

Whoever commits house-trespass in order to commit any offence punishable with death, shall...

House-trespass in order to commit an offence punishable with imprisonment for life

Section 450

Whoever commits house-trespass in order to commit any offence punishable with imprisonment...

Laws of Malaysia 228 Act 574 House-trespass in order to commit an offence punishable with imprisonment

Section 451

Whoever commits house-trespass in order to commit any offence punishable with imprisonment,...

House-trespass after preparation made for causing hurt to any person

Section 452

Whoever commits house-trespass, having made preparation for causing hurt to any person, or...

Punishment for lurking house-trespass or housebreaking

Section 453

Whoever commits lurking house-trespass or housebreaking, shall be punished with imprisonmen...

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Section 454

(Deleted by Act A1273).

Lurking house-trespass or housebreaking after preparation made for causing hurt to any person

Section 455

Whoever commits lurking house-trespass or housebreaking, having made preparation for causin...

Penal Code 229

Section 456

(Deleted by Act A1273).

Lurking house-trespass or housebreaking in order to commit an offence punishable with imprisonment

Section 457

Whoever commits lurking house-trespass or housebreaking, in order to commit any offence pun...

Subsequent offence under section 453 or 457 punishable with whipping after first offence 457a. Whoever, having been convicted of an offence under section 453 or 457 subsequently commits an offence under any other of the said two sections shall be deemed to have committed a second offence under the section under which he has been subsequently convicted.

Section 458

(Deleted by Act A1273).

Grievous hurt caused while committing lurking house-trespass or housebreaking

Section 459

Whoever, while committing lurking house-trespass or housebreaking, causes grievous hurt to...

All persons jointly concerned in housebreaking, etc., to be punishable for death, or grievous hurt caused by one of their number

Section 460

If, at the time of committing lurking house-trespass or housebreaking, any person guilty of...

Laws of Malaysia 230 Act 574 every person jointly concerned in committing such lurking house-trespass or housebreaking, shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine. Dishonestly breaking open any closed receptacle containing or supposed to contain property

Section 461

Whoever dishonestly, or with intent to commit mischief, breaks open or unfastens any closed...

Punishment for same offence when committed by person entrusted with custody

Section 462

Whoever, being entrusted with any closed receptacle which contains or which he believes to...

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OFFENCES RELATING TO DOCUMENTS AND TO CURRENCY

NOTES AND BANK NOTES Forgery

Section 463

Whoever makes any false document or part of a document with intent to cause damage or injur...

Penal Code 231 Making a false document

Section 464

A person is said to make a false document—

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(a) who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by, or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed;

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(b) who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

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(c) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him he does not, know the contents of the document or the nature of the alteration.

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(a) A has a letter of credit upon B for ringgit 1,000 written by Z. A in order to defraud B, adds a cypher to the 1,000, and makes the sum 10,000, intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

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(b) A, without Z’s authority, affixes Z’s seal to a document, purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B, and thereby of obtaining from B the purchase money. A has committed forgery.

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(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of one thousand ringgit. A commits forgery. Laws of Malaysia 232 Act 574

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(d) A leaves with B his agent, a cheque on a banker, signed by A, without inserting the sum payable, and authorizes B to fill up the cheque by inserting a sum not exceeding one thousand ringgit for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of ten thousand. B commits forgery.

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(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker, and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

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(f) Z’s will contains these words: “I direct that all my remaining property be equally divided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery.

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(g) A endorses a promissory note and makes it payable to Z, or his order, by writing on the bill the words “Pay to Z, or his order”, and signing the endorsement. B dishonestly erases the words “Pay to Z, or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery.

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(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery.

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(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instruction, induces Z to sign the will. A has committed forgery.

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(j) A writes a letter and sign sit with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

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(k) A without B’s authority writes a letter and signs it in B’s name, certifying to A’s character, intending there by to obtain employment under Z. A has committed forgery, inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1—A man’s signature of his own name may amount to forgery. Penal Code 233

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(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery.

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(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B knowing the fact draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

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(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable: here A has committed forgery.

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(d) A purchases an estate sold under execution of a decree against B. B after the seizure of the estate, in collusion with Z, executes a lease of the estate to Z at a nominal rent and for a long period, and dates the lease six months prior to the seizure with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it.

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(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors, and in order to give a colour to the transaction, writes a promissory note, binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. Punishment for forgery

Section 465

Whoever commits forgery shall be punished with imprisonment for a term which may extend to...

Laws of Malaysia 234 Act 574 Forgery of a record of a Court, or a public Register of Births, etc.

Section 466

Whoever forges a document, purporting to be a record or proceeding of or before a Court, or...

Marriage or Burial, or a Register kept by a public servant as such, or a certificate or document, purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Forgery of a valuable security or will

Section 467

Whoever forges a document which purports to be a valuable security or a will, or an authori...

Forgery for the purpose of cheating

Section 468

Whoever commits forgery, intending that the document forged shall be used for the purpose o...

Forgery for the purpose of harming the reputation of any person

Section 469

Whoever commits forgery, intending that the document forged shall harm the reputation of an...

Penal Code 235 “A forged document”

Section 470

A false document, made wholly or in part by forgery, is designated “a forged document”.

Using as genuine a forged document

Section 471

Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reas...

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467

Section 472

Whoever makes or counterfeits any seal, plate or other instrument for making an impression,...

Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise

Section 473

Whoever makes or counterfeits any seal, plate or other instrument for making an impression,...

Laws of Malaysia 236 Act 574 Having possession of a valuable security or will known to be forged, with intent to use it as genuine

Section 474

Whoever has in his possession any document, knowing the same to be forged, and intending th...

Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

Section 475

Whoever counterfeits upon or in the substance of any material any device or mark used for t...

Counterfeiting a device or mark used for authenticating documents other than those described in section 467 or possessing counterfeit marked material

Section 476

Whoever counterfeits upon or in the substance of any material any device or mark used for t...

Penal Code 237 his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine. Fraudulent cancellation, destruction, etc., of a will

Section 477

Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public...

Falsification of accounts 477a. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud, destroys, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully and with intent to defraud, makes or abets the making of any false entry in, or omits or alters, or abets the omission or alteration of any material particular from or in any such book, paper, writing, valuable security or account, shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both. Explanation—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded, or specifying any particular sum of money intended to be the subject of the fraud or any particular day on which the offence was committed. 478–489. (There are no ss.478–489). Laws of Malaysia 238 Act 574 Currency Notes and Bank Notes Forging or counterfeiting currency notes or bank notes 489a. Whoever forges or counterfeits, or knowingly performs any part of the process of forging or counterfeiting, any currency note or bank note shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. Explanation 1—For the purposes of this section and of sections 489b, 489c and 489d, the expression “bank note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for, money. Explanation 2—For the purpose of this section and of sections 489b, 489c and 489d the expression “currency note” includes any note (by whatever name called) which is legal tender in the country in which it is issued. Using as genuine, forged or counterfeit currency notes or bank notes 489b. Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine. Possession of forged or counterfeit currency notes or bank notes 489c. Whoever has in his possession any forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment for a term which may extend to ten years. Penal Code 239 Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes 489d. Whoever makes or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency note or bank note, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine.

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CRIMINAL BREACH OF CONTRACTS OF SERVICE

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Section 490

(Deleted by Ord. 25 of 1957).

Breach of contract to attend on and supply the wants of helpless persons

Section 491

Whoever, being bound by a lawful contract to attend on or to supply the wants of any person...

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Section 492

(Deleted by F.M.S. En. 41 of 1936).

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OFFENCES RELATING TO MARRIAGE

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Section 493

Every man who by deceit causes any woman who is not lawfully married to him, to believe tha...

Laws of Malaysia 240 Act 574 Marrying again during the lifetime of husband or wife

Section 494

Whoever, having a husband or wife living, marries in any case in which such marriage is voi...

Exception—This section does not extend to any person whose marriage, with such husband or wife, has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted, of the real state of facts so far as the same are within his or her knowledge. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted

Section 495

Whoever commits the offence defined in section 494, having concealed from the person with w...

Marriage ceremony gone through with fraudulent intent without lawful marriage

Section 496

Whoever dishonestly or with a fraudulent intention goes through the ceremony of being marri...

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Section 497

(There is no s.497).

Penal Code 241 Enticing or taking away or detaining with a criminal intent a married woman

Section 498

Whoever takes or entices away any woman who is and whom he knows, or has reason to believe,...

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DEFAMATION

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Section 499

Whoever, by words either spoken or intended to be read or by signs, or by visible represent...

Explanation 1—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2—It may amount to defamation to make an imputation concerning a company, or an association or collection of persons as such. Explanation 3—An imputation in the form of an alternative, or expressed ironically, may amount to defamation. Explanation 4—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Laws of Malaysia 242 Act 574

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(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.

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(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.

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(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. First Exception—It is not defamation to impute anything which is true concerning any person, if it is for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Second Exception—It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties in which the public is interested. Fourth Exception—It is not defamation to publish a substantially true report of the proceedings of a Court, or of any Legislative Assembly, or of the result of any such proceedings. Explanation—A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court, is a Court within the meaning of the above section. Fifth Exception—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Penal Code 243

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(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith; inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.

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(b) But if A says—“I do not believe what Z asserted at that trial, because I know him to be a man without veracity”. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness. Sixth Exception—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

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(a) A person who publishes a book, submits that book to the judgment of the public.

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(b) A person who makes a speech in public, submits that speech to the judgment of the public.

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(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

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(d) A says of a book published by Z—“Z’s book is foolish, Z must be a weak man. Z’s book is indecent, Z must be a man of impure mind”. A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.

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(e) But if A says—“I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book. Seventh Exception—It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Laws of Malaysia 244 Act 574 A Judge censuring in good faith the conduct of a witness or of an officer of the Court; a Head of a Department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within this exception. Eighth Exception—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation. If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception. Ninth Exception—It is not defamation to make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

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(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

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(b) A, a Magistrate, in making a report to his superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith and for the public good, A is within the exception. Tenth Exception—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. In proving the existence of circumstances as a defence under the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, or 10th exception, good faith shall be presumed unless the contrary appears. Penal Code 245 Punishment for defamation

Section 500

Whoever defames another shall be punished with imprisonment for a term which may extend to...

Printing or engraving matter known to be defamatory

Section 501

Whoever prints or engraves any matter, knowing or having good reason to believe that such m...

Sale of printed or engraved substance containing defamatory matter

Section 502

Whoever sells or offers for sale any printed or engraved substance, containing defamatory m...

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CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal intimidation

Section 503

Whoever threatens another with any injury to his person, reputation or property, or to the...

Explanation—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. Laws of Malaysia 246 Act 574 Intentional insult with intent to provoke a breach of the peace

Section 504

Whoever intentionally insults, and thereby gives provocation to any person, intending or kn...

Statements conducing to public mischief

Section 505

Whoever makes, publishes or circulates any statement, rumour or report—

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(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Malaysian Armed Forces or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such;

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(b) with intent to cause, or which his likely to cause, fear or alarm to the public, or to any section of the public where by any person may be induced to commit an offence against the State or against the public tranquillity; or

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(c) with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons, shall be punished with imprisonment which may extend to two years or with fine or with both. Exception—It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid. Punishment for criminal intimidation

Section 506

Whoever commits the offence of criminal intimidation shall be punished with imprisonment fo...

Penal Code 247 property by fire, or to cause an offence punishable with death or imprisonment, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both. Criminal intimidation by an anonymous communication

Section 507

Whoever commits the offence of criminal intimidation by an anonymous communication, or by h...

Stalking 507a. (1) Whoever repeatedly by any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause, distress, fear or alarm to any person of the person’s safety, commits an offence of stalking.

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(2) For the purposes of subsection (1), the act of harassment may include the following:

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(a) following or tracking a person in any manner or by any means;

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(b) communicating or attempting to communicate with a person in any manner or by any means;

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(c) loitering at the place of residence or business of a person;

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(d) giving or sending any thing to a person in any manner or by any means.

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(3) Whoever commits the offence of stalking shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

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(4) In this section, “repeatedly” shall refer to at least two occasions. Laws of Malaysia 248 Act 574 Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure

Section 508

Whoever voluntarily causes or attempts to cause any person to do anything which that person...

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(a) A performs a ceremony at Z’s door with the intention of causing it to be believed that by so doing he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

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(b) A threatens Z that unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. Word or gesture intended to insult the modesty of a person

Section 509

Whoever, intending to insult the modesty of any person, utters any word, makes any sound or...

Misconduct in public by a drunken person

Section 510

Whoever, in a state of intoxication, appears in any public place, or in any place which it...

Penal Code 249

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ATTEMPTS TO COMMIT OFFENCES

Punishment for attempting to commit offences punishable with imprisonment

Section 511

Whoever attempts to commit an offence punishable by this

Code or by any other written law with imprisonment or fine or with a combination of such punishments, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of such offence, shall, where no express provision is made by this Code or by such other written law, as the case may be, for the punishment of such attempt, be punished with such punishment as is provided for the offence: Provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.

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(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

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(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section. *NOTE—see section 39 of the Abolition of Mandatory Death Penalty Act 2023 [Act 846] w.e.f 4 July 2023 which provides the following provision: “Transitional

Section 39

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

or 374a(a) of the Code, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the Code as amended by this Act even though the offence was committed before the date of coming into operation of this Act.”. Laws of Malaysia 250 Act 574 Act 574 LIST OF AMENDMENTS Amending law Short title In force from F.M.S. En. 1/1936 Revised Edition of the Laws (Operation) Enactment 1936 27-03-1936 F.M.S. En. 41/1936 Penal Code (Amendment) Enactment 1936 29-12-1936 F.M.S. En. 11/1937 Penal Code (Amendment) Enactment 1937 23-07-1937 F.M.S. En. 18/1937 Statute Law Revision (Chief Secretary’s Powers) Enactment 1937 23-07-1937 F.M.S. En. 3/1938 Statute Law Revision (General Amendments) Enactment 1938 06-04-1938 F.M.S. En. 30/1938 Penal Code (Amendment) Enactment 1938 21-12-1938 F.M.S. G.N. 940/1939 Notification under the Statute Law Revision (General Amendments) Enactment 1938 17-02-1939 F.M.S. G.N. 1702/1939 Notification under the Statute Law Revision (General Amendments) Enactment 1938 31-03-1939 F.M.S. En. 13/1939 Sedition Enactment 1939 18-10-1939 F.M. Ord. 1/1948 Transfer of Powers Ordinance 1948 06-03-1948 F.M. Ord. 32/1948 Penal Code (Amendment and Extended Application) Ordinance 1948 18-12-1948 F.M. Ord. 14/1953 Criminal Justice Ordinance 1953 30-04-1953 F.M. Ord. 25/1957 Penal Code (Amendment) Ordinance 1957 01-07-1957 L.N. (N.S.) 1/1957 Federal Constitution (Modification of Laws) Order 1957 31-08-1957 Penal Code 251 Amending law Short title In force from L.N. (N.S.) 9/1957 Corrigendum to Federal Constitution (Modification of Laws) Order 1957 31-08-1957 L.N. (N.S.) 56/1957 Corrigendum to Federal Constitution (Modification of Laws) Order 1957 31-08-1957 Ord. 11/1959 Banishment Ordinance 1959 01-05-1959 Act 41/1961 Kidnapping Act 1961 21-09-1961 Act 7/1964 Courts of Judicature Act 1964 16-09-1963 Act 24/1965 Penal Code (Amendment) Act 1965 01-04-1965 Act 1/1966 Penal Code (Amendment) Act 1965 01-04-1965 Act 39/1967 Penal Code (Amendment) Act 1967 29-08-1967 Act A327 Penal Code (Amendment and Extension) Act 1976 31-03-1976 Act A354 Constitution (Amendment) Act 1976 27-08-1976 Act A538 Penal Code (Amendment) Act 1982 14-05-1982 Act A549 Penal Code and Criminal Procedure Code (Amendment) Act 1983 20-02-1983 Act A614 Penal Code (Amendment) Act 1985 31-05-1985 Act A651 Penal Code (Amendment) Act 1986 16-05-1986 Act A727 Penal Code (Amendment) Act 1989 05-05-1989 Act A860 Penal Code (Amendment) Act 1993 17-09-1993 Act A1131 Penal Code (Amendment) Act 2001 01-08-2002 Act A1210 Penal Code (Amendment) Act 2003 06-03-2007 except section 9: 07-09-2007 Act A1273 Penal Code (Amendment) Act 2006 07-09-2007 Act A1303 Penal Code (Amendment) Act 2007 07-09-2007 Act A1430 Penal Code (Amendment) Act 2012 31-07-2012 Act A1471 Penal Code (Amendment) Act 2014 31-12-2014 Act A1483 Penal Code (Amendment) Act 2015 15-06-2015 Laws of Malaysia 252 Act 574 Amending law Short title In force from Act A1536 Penal Code (Amendment) Act 2017 01-09-2017 P.U. (B) 589/2022 Penal Code (Corrigendum) 30-11-2022 Act A1681 Penal Code (Amendment) Act 2023 31-05-2023 Act 846 Abolition of Mandatory Death Penalty Act 2023 04-07-2023 Penal Code 253 Act 574 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A327 31-03-1976 3 Act A327 31-03-1976 4 Act A1430 31-07-2012 5 L.N. (N.S.) 1/1957 01-07-1957 13 L.N. (N.S.) 1/1957 01-07-1957 17 L.N. (N.S.) 1/1957 01-07-1957 21 L.N. (N.S.) 1/1957 01-07-1957 24 Act A860 17-09-1993 29 Act A860 17-09-1993 43 Act A860 17-09-1993 49 L.N. (N.S.) 1/1957 01-07-1957 52a Act A1471 31-12-2014 52b Act A1471 31-12-2014 53 F.M.S. En. 3/1938 06-04-1938 F.M. Ord. 14/1953 30-04-1953 54 L.N. (N.S.) 1/1957 01-07-1957 55 L.N. (N.S.) 1/1957 01-07-1957 Laws of Malaysia 254 Act 574 Section Amending authority In force from 57 Act A1210 06-03-2007 59 F.M. Ord.14/1953 30-04-1953 60 F.M. Ord.14/1953 30-04-1953 63 F.M.S. En. 1/1936 27-03-1936 64 F.M.S. En. 1/1936 27-03-1936 66 F.M.S. En. 1/1936 27-03-1936 67 F.M.S. En. 1/1936 27-03-1936 68 F.M.S. En. 1/1936 27-03-1936 69 F.M.S. En. 1/1936 27-03-1936 70 F.M.S. En. 1/1936 27-03-1936 73 F.M. Ord.14/1953 30-04-1953 74 F.M. Ord.14/1953 30-04-1953 75 Act A327 31-03-1976 75a Act A1471 31-12-2014 82 Act A327 31-03-1976 83 Act A327 31-03-1976 85 F.M.S. En. 1/1936 27-03-1936 86 Act 24/1965 01-04-1965 Act 1/1966 01-04-1965 Act A327 31-03-1976 89 P.U. (B) 589/2022 30-11-2022 91 Act A727 05-05-1989 94 Act A1210 06-03-2007 107 Act A1471 31-12-2014 108a Penal Code 255 Section Amending authority In force from 115 Act 846 04-07-2023 118 Act 846 04-07-2023 119 Act 846 04-07-2023 120a Act A1430 31-07-2012 120b Act A1430 31-07-2012 121 Act 846 04-07-2023 121a Act 846 04-07-2023 121b Act 846 04-07-2023 122 Act 846 04-07-2023 123 Act A327 31-03-1976 124 F.M.S. En. 18/1937 23-07-1937 F.M. Ord. 1/1948 06-03-1948 L.N.(N.S.) 1/1957 01-07-1957 124a F.M.S. En. 13/1939 18-10-1939 124b-124n Act A1430 31-07-2012 124k Act 846 04-07-2023 124m Act 846 04-07-2023 125 Act 846 04-07-2023 Laws of Malaysia 256 Act 574 Section Amending authority In force from 125a Act 846 04-07-2023 126 Act A327 31-03-1976 127 Act A327 31-03-1976 128 Act 846 04-07-2023 130 Act 846 04-07-2023 130a Act 846 04-07-2023 130b Act A1303 07-09-2007 Act 846 04-07-2023 130c Act 846 04-07-2023 130d Act 846 04-07-2023 130c-130f Act A1210 06-03-2007 130fa-130fb Act A1483 15-06-2015 130g-130i Act A1210 06-03-2007 130i Act 846 04-07-2023 130j Act A1483 15-06-2015 Act 846 04-07-2023 130ja-130jd Act A1483 15-06-2015 130k Act 846 04-07-2023 130ka Act 846 04-07-2023 130l-130q Act A1210 06-03-2007 130n Act 846 04-07-2023 Penal Code 257 Section Amending authority In force from 130o Act 846 04-07-2023 130qa Act 846 04-07-2023 130t Act A1210 06-03-2007 130ta Act A1483 15-06-2015 130u-130w Act A1430 31-07-2012 130u-130v Act A1471 31-12-2014 130x-130zc Act A1471 31-12-2014 130zb Act 846 04-07-2023 131 Act A327 31-03-1976 132 Act A327 31-03-1976 133 L.N.(N.S.) 1/1957 01-07-1957 134 L.N.(N.S.) 1/1957 01-07-1957 135 L.N.(N.S.) 1/1957 01-07-1957 136 L.N.(N.S.) 1/1957 01-07-1957 137 L.N.(N.S.) 1/1957 01-07-1957 138 L.N.(N.S.) 1/1957 01-07-1957 139 L.N.(N.S.) 1/1957 01-07-1957 140 L.N.(N.S.) 1/1957 01-07-1957 140b L.N.(N.S.) 1/1957 01-07-1957 141 L.N.(N.S.) 1/1957 01-07-1957 144 Act No. 39/1967 29-08-1967 148 Act No. 39/1967 29-08-1967 Laws of Malaysia 258 Act 574 Section Amending authority In force from 153a F.M.S. En. 13/1939 18-10-1939 160 Act A1273 07-09-2007 161 L.N.(N.S.) 1/1957 01-07-1957 162 L.N.(N.S.) 1/1957 01-07-1957 163 L.N.(N.S.) 1/1957 01-07-1957 176 Act A1471 31-12-2014 177 F.M. Ord. 32/1948 18-12-1948 182 F.M.S. G.N. 1702/1939 31-03-1939 186 Act A1273 07-09-2007 194 Act 538 14-05-1982 201 Act 846 04-07-2023 203 Act 24/1965 01-04-1965 203a Act A1471 31-12-2014 212 Act 846 04-07-2023 213 Act 846 04-07-2023 214 Act 846 04-07-2023 216 Act 846 04-07-2023 216a F.M. Ord. 32/1948 18-12-1948 216b F.M.S. En. 41/1936 29-12-1936 221 Act 846 04-07-2023 222 Penal Code 259 Section Amending authority In force from 223 Act A1471 31-12-2014 225 Act A549 20-02-1985 225b Act A1273 07-09-2007 226 F.M.S. Ord. 30/1938 21-12-1938 Ord. 11/1959 01-05-1959 230 Act 24/1965 01-04-1965 Act A327 31-03-1976 231 Act A538 14-05-1982 232 Act A538 14-05-1982 233 Act A538 14-05-1982 234 Act A538 14-05-1982 235 Act A327 31-03-1976 236 Act A327 31-03-1976 237 Act A327 31-03-1976 238 Act A538 14-05-1982 239 Laws of Malaysia 260 Act 574 Section Amending authority In force from 240 Act A538 14-05-1982 241 Act A327 31-03-1976 242 Act A327 31-03-1976 243 Act A538 14-05-1982 246 Act A327 31-03-1976 247 Act A538 14-05-1982 248 Act A327 31-03-1976 249 Act A538 14-05-1982 250 Act A327 31-03-1976 251 Act A538 14-05-1982 252 Act A327 31-03-1976 253 Act A538 14-05-1982 254 Act A327 31-03-1976 255 Act A327 31-03-1976 292 Act A1536 01-09-2017 293 Act A1536 01-09-2017 294 F.M.S. En. 41/1936 29-12-1936 298a Act A549 20-02-1983 Act A1210 06-03-2007 300 P.U. (B) 589/2022 30-11-2022 Penal Code 261 Section Amending authority In force from 302 Act 846 04-07-2023 304 Act A614 31-05-1985 Act A1210 06-03-2007 305 Act A327 31-03-1976 307 Act 846 04-07-2023 309a F.M.S. En. 1/1936 27-03-1936 309b Act A327 31-03-1976 312 Act A727 05-05-1989 313 Act A327 31-03-1976 314 Act A327 31-03-1976 320 Act A1471 31-12-2014 322 Act A1471 31-12-2014 324 Act A1471 31-12-2014 326 Act A1471 31-12-2014 326a Act A1536 01-09-2017 327 Act 24/1965 01-04-1965 329 Act 24/1965 01-04-1965 Act A327 31-03-1976 352a Act A1471 31-12-2014 354 Act A727 05-05-1989 359 Laws of Malaysia 262 Act 574 Section Amending authority In force from 360 Act A327 31-03-1976 363 Act A327 31-03-1976 364 Act 41/1961 21-09-1961 Act 846 04-07-2023 371 Act A327 31-03-1976 372 Act A1131 01-08-2002 372a Act A1131 01-08-2002 372b Act A1131 01-08-2002 373 Act A1131 01-08-2002 373a Act A1131 01-08-2002 374 Act A327 31-03-1976 374a Act 846 04-07-2023 375 Act A1273 07-09-2007 375a Act A1273 07-09-2007 375b Act A1471 31-12-2014 376 Act A1303 07-09-2007 Act A1536 01-09-2017 376a Act A1131 01-08-2002 Penal Code 263 Section Amending authority In force from 376b Act A1131 01-08-2002 Act A1536 01-09-2017 377 Act A727 05-05-1989 377a F.M. En. 30/1938 21-12-1938 Act A727 05-05-1989 377b Act A1536 01-09-2017 377c Act A1536 01-09-2017 377ca Act A1536 01-09-2017 377d Act A727 05-05-1989 377e Act A1536 01-09-2017 379 Act A727 05-05-1989 379a Act A727 05-05-1989 380 Act A727 05-05-1989 384 Act A727 05-05-1989 385 Act A727 05-05-1989 386 Act A727 05-05-1989 387 Act A727 05-05-1989 388 Act A727 05-05-1989 389 Act A727 05-05-1989 390 Act A1273 07-09-2007 391 Laws of Malaysia 264 Act 574 Section Amending authority In force from 392 Act A1273 07-09-2007 394 Act A327 31-03-1976 395 Act 24/1965 01-04-1965 Act A327 31-03-1976 396 Act 24/1965 01-04-1965 Act A1303 07-09-2007 397 F.M. Ord. 30/1938 21-12-1938 398 F.M. En. 30/1938 21-12-1938 399 Act 24/1965 01-04-1965 400 Act 24/1965 01-04-1965 Act A327 31-03-1976 402 Act A1303 07-09-2007 402a Act A860 17-09-1993 403 Act A860 17-09-1993 404 Act A860 17-09-1993 405 Act A860 17-09-1993 406 Act A1273 07-09-2007 407 Act A860 17-09-1993 408 Act A1273 07-09-2007 409 Act A860 17-09-1993 409a Act A860 17-09-1993 409b Penal Code 265 Section Amending authority In force from 410 Act 24/1965 01-04-1965 Act A327 31-03-1976 411 Act A727 05-05-1989 411a Act A1471 31-12-2014 412 Act A327 31-03-1976 413 Act A327 31-03-1976 414 Act A727 05-05-1989 415 Act A860 17-09-1993 417 Act A727 05-05-1989 418 Act A727 05-05-1989 419 Act A727 05-05-1989 420 Act A860 17-09-1993 421 Act A727 05-05-1989 423 F.M.S. G.N. 940/1939 17-02-1939 424 Act A727 05-05-1989 426-430a Act A1471 31-12-2014 430a Act A327 31-03-1976 435 Act A1471 31-12-2014 436 Act A1471 31-12-2014 438 Act A327 31-03-1976 440 Act No. 39/1967 29-08-1967 444 Act A1273 07-09-2007 446 Act A1273 07-09-2007 447 Laws of Malaysia 266 Act 574 Section Amending authority In force from 448 Act A1273 07-09-2007 449 Act A327 31-03-1976 450 Act 846 04-07-2023 453 Act A1273 07-09-2007 454 Act A1273 07-09-2007 455 Act A1273 07-09-2007 456 Act A1273 07-09-2007 457 Act A1273 07-09-2007 457a Act A1273 07-09-2007 458 Act A1273 07-09-2007 459 Act A327 31-03-1976 460 Act A1273 07-09-2007 467 Act A327 31-03-1976 472 Act A327 31-03-1976 474 Act A327 31-03-1976 475 Act A327 31-03-1976 477 Act A327 31-03-1976 489a Act 24/1965 01-04-1965 Act A327 31-03-1976 489b Act A327 31-03-1976 489d Act A327 31-03-1976 490 F.M. Ord. 25/1957 01-07-1957 Penal Code 267 Section Amending authority In force from 492 F.M.S. En. 41/1936 29-12-1936 494 Act A651 16-05-1986 499 P.U. (B) 589/2022 30-11-2022 505 L.N. (N.S.) 1/1957 01-07-1957 507a Act A1681 31-05-2023 509 LIST OF LAWS OR PART THEREOF SUPERSEDED No. Title F.M.S. Cap 45 Penal Code Laws of Malaysia 268 Act 574 INDEX TO THE PENAL CODE (This Index does not form part of the Code) References are to sections Sections ABANDONMENT of child by its mother or exposure of child under 12 years of age 317 ABDUCTION—See also Kidnapping definition of 362 in order to murder 364 to subject to grievous hurt, slavery, etc. 367 to wrongfully confine 365 keeping in confinement person abducted 368 of a child to take property from it 369 of a woman to marry, or seduce her to illicit intercourse or to prostitution 366 ABETMENT—See also Conspiracy definition of 107 if person abetted has a different intention or knowledge 110 of offence committed outside Malaysia 108a punishment if act committed 109–114 if act not committed 115–116 when one act abetted and a different act done 111 ABETTING commission of offence by public generally 117 ABETTOR defined 108 if a public servant 116 liability of act abetted different from that intended 113 when act is abetted and a different act done 111 when act committed with different intention 110 Penal Code 269 liability to cumulative punishment 112 present when offence committed 114 ABORTION causing death in attempt to procure 314 for causing—in ordinary cases 312 without woman’s consent 313 woman committing on herself 312 ABSCONDING to avoid service or arrest 172 ABSENCE of spouse for 7 years 494 ACCIDENT—See also General Exceptions act done by, no offence 80 ACCOUNTS falsification of 477a ACT commission of, by several persons 38 contrary to provisions of Code 2 cooperation by doing one of several 37 done by several persons with common intent 34 effect of, caused partly by, and partly by omission 36 explanation of 33 include illegal omissions 32 judicial 77–78 lawful, accident in doing of 80 likely to cause harm but done to prevent other harm 81 likely to spread infection 269–270 of child under 10 years of age 82 of person of unsound mind 84 rash 336–338 when done with criminal knowledge or intention 35 References are to sections Sections Laws of Malaysia 270 Act 574 ACT OF INSUBORDINATION abetment of 138 ACTS Words referring to, include illegal omissions 32 ADULTERATION of food, drink or drugs 272–275 ADVERTISEMENT of obscene books 292 AFFIRMATION—See also Oath solemn 51 AFFRAY—See also Riot assaulting a public officer suppressing 152 explanation of 159 punishment 160 AGE capability of committing offence—limits of 82–83 child under 10 years of age 6 Ills. (a) man and woman 10 AID—See also Abetment in escape of prisoner of State or prisoner of war 130 AIR FORCE—See Armed Forces AIRMAN—See Armed Forces ALARM—See also Rumour rumour to cause, to public 505 ALLEGIANCE seducing officer, soldier, sailor or airman from 131 ALLY of Yang di-Pertuan Agong offences against 125–126 ALTERATION made in document, when forgery 464 of books, accounts, etc. 477a References are to sections Sections Penal Code 271 AMMUNITION collection of, to wage war 122 ANIMAL causing hurt or grievous hurt by means of 324–326 definition of 47 mischief of killing or maiming 428–429 References are to sections Sections motion in an, constituting force 349 motion in an, constituting theft 378 negligence to 289 ANNOYANCE—See also Insult by drunken person 510 in criminal trespass 441 ANONYMOUS COMMUNICATION criminal intimidation by 507 APPREHENSION omission of, by public servant 221–222, 225a resistance to lawful 224–225 ARBITRATOR a public servant 21 ARMED FORCES application to police forces of provisions relating to Armed Forces 140b assault on superior officer 133–134 deserter concealed on board vessel 137 desertion, abetment 135 false personation of 140 harbouring 136 insubordination, abetment of 138 mutiny 131–132 mutiny and desertion of 5 offences relating to 131–140b References are to sections Sections Laws of Malaysia 272 Act 574 persons subject to law relating to discipline of 139 rumour causing mutiny in 505 wearing dress of 140 ARMS collection of, to wage war 122 ASSAULT definition of 351 house-trespass for committing 452 in attempt to commit wrongful confinement 357 lurking house-trespass or housebreaking for committing 455 mere words do not amount to 351 on grave provocation 358 on public servant while suppressing riot 152 on superior officer 133–134 with intent to commit theft on property 356 to dishonour 355 to outrage modesty of woman 354 ASSEMBLY religious—disturbing of 296 to commit gang-robbery 402 unlawful 141 commanded to disperse 145, 151 defined 141 force, application of 146 harbouring rioter 157 joining 144–145 joint liability 149 landowner—liability 154 member of 142 taking part in, for hire 158 References are to sections Sections Penal Code 273 ASSESSOR false personation of 229 when “public servant” 21 ASSISTANCE in concealment of property 424 in concealment of stolen property 414 omission to give—to public servant 187 to a prisoner of State or prisoner of war, in escaping 130 ATMOSPHERE rendering noxious 278 ATTEMPT to commit offences 511 to seduce officer from duty 131 BANK NOTES—See Currency Notes BELIEVE “reason to believe”—explanation of 26 BIGAMY exception—absence of spouse for 7 years 494 punishment for offence of 494 with concealment of previous marriage 495 BILL OF EXCHANGE—See Security, Valuable Security and Document BIRTH causing death after 315 concealment of 318 prevention of 315 BONE fracture or dislocation of 320 BOOKS falsification of 477a sale etc., of obscene 292–293 References are to sections Sections Laws of Malaysia 274 Act 574 BOYS enticing—under 14 years—kidnapping 361 BREACH of the Peace circulating false report to cause 505 insult intended to provoke 504 BRIDGE Mischief by injuring 431 BROTHELS suppression of 373 BUILDING mischief by fire or explosives to a 436 negligence with respect to repairing, etc. 288 theft in a 380 BUOY exhibition of false 281 mischief by destroying, moving, etc. 433 BURIAL PLACE trespassing on 297 CALENDAR Gregorian year or month 49 CANCELLING documents with fraudulent intent 477 CAPITAL OFFENCE false evidence to procure conviction lot 194 CATTLE—See Animal CENSURE by person in authority—no defamation 499 CEREMONIES disturbing religious 296–297 of marriage—fraudulently 496 References are to sections Sections Penal Code 275 CERTIFICATE issuing or signing a false 197 purporting to be made by public servant—forgery of 466 using as true—known to be false 198 CHARGE—See also False (Charge) false, with intent to injure 211 CHEATING by personation 416, 419 defined 415 dishonestly inducing delivery of property 420 forgery for the purpose of 468 with knowledge that wrongful loss may be caused 418 punishment 417 CHEQUE—See Document CHILD abduction of 369 act committed by under 10 years—no offence 82 above 10 years but under 12 83 causing death of quick unborn 316 causing to die after birth 315 concealment of birth of 318 exposure and abandonment of 317 offences relating to 315–318 preventing to be born 315 taking or enticing away—from lawful guardianship 361 unborn—offences relating to 315–316 understanding, immature 83 with or without consent of guardian—act done to—for benefit 89, 92 References are to sections Sections Laws of Malaysia 276 Act 574 CLAIM dishonest 209 making a fraudulent—to property to prevent its seizure 207 release of fraudulent 424 satisfaction of—causing hurt 330 causing grievous hurt 331 causing wrongful confinement 348 COHABITATION inducing by deceit 493 COIN—See also Counterfeiting altering appearance of 249 defined 230 delivery with knowledge of altered 251, 254 diminishing weight or altering of 247 possession of altered 253 COMMITMENT wrongful 220 COMMON INTENTION acts done in furtherance of 34 COMMUNICATION made in good faith 93 COMMUNICATION—See also Anonymous Communication mischief by injuring 431 COMMUNITY including in term “public” 12 COMPANY included in term “person” 11 CONCEALING a kidnapped person 368 a married woman for illicit intercourse 498 assisting in—of stolen property 414 References are to sections Sections Penal Code 277 offender by offering gifts 214 by taking gifts 213 design to commit offence 118–120 CONCEALMENT dishonest, of facts 415 fraudulent—of property 206, 421 of birth 318 wilful, or material fact 107 CONFESSION to extort by voluntarily causing hurt 330 by voluntarily causing grievous hurt 331 wrongful confinement to extort 348 CONFINEMENT by person acting contrary to law 220 escape from—through negligence to public servant 223, 225a for 3 or more days 343 for 10 or more days 344 for extortion or constraining to an illegal act 347 kidnapping or abduction for secret and wrongful 365 of kidnapped person 368 omission to keep in—by public servant 221 writ of liberation 345 wrongful 340 wrongful, in secret 346 wrongful—assault in attempting 357 CONNIVANCE at hiring for unlawful assembly 150 CONSENT—See also General Exceptions force used to person without consent is criminal force 350 References are to sections Sections Laws of Malaysia 278 Act 574 given by persons of unsound mind or intoxication 90 given under fear or misconception 90 miscarriage caused without 313–314 of woman, to her miscarriage 314 sexual intercourse without—is rape 375 CONSPIRACY—See also Abetment criminal defined 120a punishment 120b CONTRACT to attend on helpless persons 491 CONVERSION dishonestly—of property 403–405 CONVICTION previous 75 COOPERATION doing one of several acts constituting an offence 37–38 CORPORATION included in term “person” 11 CORPOREAL PROPERTY—See Movable Property CORPSE offering indignity to human 297 CORROSIVE SUBSTANCE causing hurt or grievous hurt by 324, 326 COUNTERFEIT explanation of 28 imitation of 28 seal, plate, etc. 472–473 COUNTERFEITING coin abetting commission of 236 References are to sections Sections Penal Code 279 delivery of with knowledge 240 without knowledge 241 import or export of 238 instruments for 235 offences 243 possession of 243 currency notes 489a possession of 489c using as genuine 489b stamp 255 COUNTERFEIT device for authentication 475–476 COURT absconding to avoid summons, etc. 172 definition of 20 forging record or proceedings of 466 interrupting proceedings of 228 neglecting to attend when ordered by 174 not producing document in 175 preventing service, etc, of summons 173 report of proceedings—privileged 499 COURT MARTIAL trial before—a judicial proceeding 193 CRIMINAL ACT—See Act CRIMINAL breach of trust defined 405 punishments 406 by carrier, etc. 407 by clerk or servant 408 by public servant or agent 409 References are to sections Sections Laws of Malaysia 280 Act 574 force 349–350 on grave provocation 358 punishments 352–358 to commit theft on property 356 to deter public servant from discharge of duty 353 to dishonour a person 355 toward a woman to outrage her modesty 354 wrongfully confine a person 357 intimidation by anonymous communication 507 punishment 506–507 misappropriation dishonest misappropriation of property 403 for a time only 403 of deceased person 404 of property 403 when a finder of property commits 403 trespass defined 441 punishment 447 CRIMINAL CONSPIRACY—See Conspiracy CULPABLE HOMICIDE attempt to commit 308 by wrongfully causing death of person 301 defined 299–300 is not murder 300 punishment 304, 308 CURRENCY NOTES forging 489a References are to sections Sections Penal Code 281 References are to sections Sections possession of forged 489c instruments for forging 489d using as genuine forged or counterfeit 489b CUSTODY, Lawful enticing female child under 16 years from male child under 14 years from 361 person of unsound mind from escape from—by a prisoner of State or prisoner of war 130 or attempt to 224–225 suffering of, by a public servant 222–223 harbouring person in 216 kidnapping from 361 CUTTING causing hurt or grievous hurt by instrument for 324, 326 DAMAGE to body, mind, reputation, or property in cheating 415 to place of worship 295 to property, in mischief 425 DANGER to life or safety 336 to life or safety by hurt 337 to life or safety by grievous hurt 338 to public road by omission to take order with property 283 DEAD Body of a child, concealment of 318 DEATH—See also Punishments by rash and negligent act 304a definition of 46 right to private defence when extends to 100, 103 ⎧ ⎪ ⎨ ⎪ ⎩ Laws of Malaysia 282 Act 574 DEBT dishonestly or fraudulently, preventing realisation of 422 DECENCY outrages on 377d DECLARATION—See also Oath making a false—which is receivable as evidence 199 using a false—knowing it to be false 200 DECREE fraudulently suffering or obtaining issue or execution of—for sum or 208, 210 property not due DEED fraudulent or dishonest execution of 423 DEFAMATION defined 499 punishment 500 DEFAMATORY Matter 501–502 DEFENCE—See also Private Defence of intoxication 85–86 DEFINITION of offence subject to Exceptions 6 DEFRAUD intention to 25 DEPREDATION committing—on territories of power in alliance with Yang di-Pertuan Agong 126 receiving property, taken by 127 DESERTER harbouring 136–137 DESERTION abetment 135 punishment of officers, soldiers and airmen in the Armed Forces not affected 5 DISAPPEARANCE causing—of evidence to screen offender 201 References are to sections Sections Penal Code 283 DISEASE disobedience to quarantine rule 271 infection of, by negligent act 269–270 DISHONEST—See also Criminal (Misappropriation) concealment of facts 415 DISHONESTLY breaking open receptacle 461–462 explanation of 24 inducing to deliver property, etc. 415 property by cheating, etc. 420 making a false claim 209 preventing realisation of debt or demand 422 receiving stolen property 411 property in commission of gang-robbery 412 DISOBEDIENCE of direction of law by public servant 166, 217 to lawful order 188 to quarantine rule 271 DIVINE DISPLEASURE rendering a person an object of 508 DOCUMENT—See also Forgery bill of exchange 29–30 counterfeit device for authenticating 475–476 definition of 29 destruction of, to prevent evidence 204 fabricating false statement 192 forged defined 470 using as genuine 471 using as genuine forged currency notes 489b References are to sections Sections Laws of Malaysia 284 Act 574 fraudulent cancellation of valuable 477 incorrect framing, by public servant 167 making false 464 omission to produce 175 removal of stamp from 261 testamentary 31 valuable security 30 DRAINAGE mischief by causing obstruction to 432 DRINK adulterating, intended for sale 272 sale of noxious 273 DRIVING rash 279 DRUGS adulteration and sale of adulterated 275–276 DRUNKEN Person misconduct in a public place by 510 EFFECT caused partly by act, and partly by omission 36 EMASCULATION is grievous hurt 320 ENTICING married woman 498 minor 361 ESCAPE making or attempting to make—from lawful custody 224 negligently suffering—of person charged or convicted 223 of offender from custody 216 of prisoner of war, etc. 128–130 public servant intentionally suffering—of person accused or under sentence 221, 222 References are to sections Sections Penal Code 285 EVIDENCE—See also False causing disappearance of or production of 201 destruction of document to prevent its use 204 EXCEPTION—See also General Exceptions definitions to be subject to general 6 EXPLANATION general 6–52 EXPLOSIVE Substance mischief by means of 435 mischief by, with intent to destroy a building, etc. 436 negligence with respect to 286 EXTORTION by putting persons in fear of death or grievous hurt 386–387 by putting persons in fear of injury 385 by threat of accusation of offence 388–389 defined 383 property transferred by 410 punishment 384 when it amounts to robbery 390 EXTRATERRITORIAL Offences 4 FACE permanent disfiguration of 320 FACT mistake of 76, 79 FALSE charge of offence 211 declaration 199–200 evidence fabricating 192, 194–195 giving 191, 193 punishment 193 References are to sections Sections Laws of Malaysia 286 Act 574 using evidence known to be false 196 to procure conviction of capital offence 194-195 exhibition of, lights, marks or buoys 281 information 177, 182, 203 issuing or signing certificate 197–198 personation 205 statement on oath 181 FALSIFICATION of accounts by clerk, officer or servant 477a FEMALE—See Gender, Woman FIRE causing hurt or grievous hurt by, or heated substance 324, 326 mischief by means of 435 negligent conduct with respect to 285 threat to cause destruction by 506 with intent to destroy a building, etc. 436 FOOD adulterating, intended for sale 272 selling, etc., noxious 273 FORCE—See also Criminal (Force) acts done under compulsion 94 application of, by unlawful assembly 146 as an element in abduction 362 criminal 349 used to woman for illicit intercourse 366 use of, defined 349 FORFEITURE fraudulently removing, etc., property to avoid 206 of property improperly purchased by a public servant 169 public servant disobeying law, to screen property from 217 public servant framing incorrect record, etc., to screen property from 218 receiving or claiming property to avoid 207 References are to sections Sections Penal Code 287 FORGED document defined 470 using as genuine 471 security possession of 474 FORGERY defined 463 for purpose of cheating 468 harming reputation 469 of currency notes, etc. 489a of record of Court 466 of valuable security or will 467 punishment 465 using counterfeit seal, plate, etc., to commit 472–473 FRACTURE of bone, etc. 320 FRAUDULENT cancellation of will, etc. 477 claim in a Court 209 claim to property 207 concealment of property 206 deed 423 delivery of counterfeit coin 240 meaning of 25 removal of concealment of property 421, 424 of property 206 suffering a decree for a sum not due 208 References are to sections Sections Laws of Malaysia 288 Act 574 FRAUDULENTLY explanation of 25 inducing to deliver property, etc. 415 obtaining a decree for sum not due 210 preventing realisation of debt 422 FUNERAL CEREMONIES disturbance to performance of 297 FUNERAL RITES disturbance of 297 GAIN wrongful, definition of 23 GANG—See also Robbers of thieves, members of 401 robbers, harbouring 216a robbery assembling to commit 402 defined 391 dishonestly receiving property in commission of 412 making preparations to commit 399 punishment 395 punishment for membership 400 with murder 396 GARB of public servant wearing of 171 GARB of sailor, soldier or airman wearing at 140 GENDER meaning of 8 GENERAL EXCEPTIONS—See also Exception accident 80 consent 87–92 References are to sections Sections Penal Code 289 intoxication 85–86 judicial act 77–78 mistake of fact 76, 79 of law 76–79 prevention of other harm 81 private defence 96–106 slight harm 95 tender age 82–83 threats 94 unsound mind 84 GESTURE an insult to modesty of a person 509 making a—to wound religious feelings of another 298 when amounts to an assault 351 GIFT taking, to recover stolen property 215 GOOD FAITH acts done in—under orders of Court 78 communication made in 93 harm done in—without criminal intent 79 for benefit of person without consent 92 meaning of 52 GOVERNMENT definition of 17 GRATIFICATION abetment by public servant 164 by public servant 161 explanation 161 taking, for influencing public servant 162–163 References are to sections Sections Laws of Malaysia 290 Act 574 GRIEVOUS HURT abduction in order to subject to 367 act done by consent not intended or known to be likely to cause death, or 87 causing, by act which endangers life, etc. 338 defined 320 kidnapping in order to subject to 367 punishment 325 voluntarily causing 322 by dangerous weapons 326 to compel restoration of property 331 to deter servant from duty 333 to extort confession 331 to extort property or to constrain to an illegal act 329 GUARDIAN act done to child or lunatic with consent of 89 HARBOURING deserter 136–137 defined 130a, 140a offender 212, 216, 216a prisoner of war, etc. 130 rioter 157 robbers 216a husband or wife 136, 212, 216, 216a enemies of the Yang di-Pertuan Agong 125a HARM act likely to cause 81 act causing slight 95 caused in body, mind, reputation or property, in cheating 415 to innocent person 106 to reputation, forgery for 469 to reputation, in defamation 499 when right of private defence extends to causing 101 References are to sections Sections Penal Code 291 HOSTAGE-TAKING 374a HOUSEBREAKING defined 445 lurking after preparation for causing hurt 455 grievous hurt while committing 459 persons jointly concerned in 460 punishment 453 subsequent offences 457a punishment 453 HOUSE-TRESPASS after preparation made for causing hurt 452 defined 442 lurking defined 443 punishment 448–453 to commit offence punishable with death 449 punishable with imprisonment for life 450 punishable with imprisonment 451 HURT by means of poison, etc. 328 causing, by act which endangers life, etc. 337 defined 319 grievous 320 to commit, in order to commit theft 382 voluntarily causing 321 by dangerous weapons 324 on provocation 334 to compel restoration of property 330 to constrain to an illegal act 327 References are to sections Sections Laws of Malaysia 292 Act 574 to deter public servant from his duty 332 to extort confession 330 to extort property 327 INCEST defined 376a punishment 376b IGNORANCE of law—See Mistake (of Law) ILLEGAL defined 43 order by a public servant 219 thing giving occasion to riot 153 ILLEGAL ACT to constrain to an, causing hurt for 327 to constrain to an, causing grievous hurt for 329 to constrain to an, causing wrongful confinement for 347 INFANTICIDE 309a Punishment 309b INFECTION of Disease negligent act likely to spread 269–270 INFORMATION—See also False (Information) false 177 intentional omission to give 202 omission to give 176 INJURY definition of 44 threat of of an offence in order to commit extortion 385 to private person 190 to public servant 189 References are to sections Sections Penal Code 293 INSTIGATION—See Abetment INSUBORDINATION abetment of act of 138 INSULT to public servant in a stage of a judicial proceeding 228 to the modesty of a person 509 to the religion of any person 295 INSURRECTION joining an, against the Yang di-Pertuan Agong 121 INTENTION act done in good faith without criminal 81 common 34 criminal 35 INTOXICATION 85–86 consent given by person suffering from 90 when a defence 85 INTERPRETATION—See Interpretation of this Chapter 130a IRRIGATION mischief by injury to works of 430 JOINT LIABILITY 34–35 JUDGE act of—when no offence 77 definition 19 is a “public servant” 21 JUDGMENT act pursuant to 78 when doubtful of which of several offences a person is guilty 72 JUDICIAL ACT 77–78 JUDICIAL PROCEEDING insulting and interrupting public servant in any stage of 228 public servant corruptly making report, etc., in 219 References are to sections Sections Laws of Malaysia 294 Act 574 JUROR is a “public servant” 21 personation of 229 JURYMAN when a “public servant” 21 KIDNAPPING child under 10 years 369 defined 359–361 from lawful custody 361 from Malaysia 360 in order to compel a woman to marriage, etc. 366 in order to murder 364 in order to subject to grievous hurt, slavery, etc. 367 in order to wrongfully confine 365 with a view to wrongfully conceal or keep in confinement 368 KNOWLEDGE criminal 35 LABOUR unlawful compulsory 374 LANDMARK mischief by destroying or moving 434 LANDOWNER liability of, for unlawful assembly 154 LAW certain laws not to be affected by 5 mistake of 76 LEGALLY bound to do definition of 43 References are to sections Sections Penal Code 295 LIFE causing hurt or grievous hurt by act endangering—or personal safety 337-338 of others definition of 45 rash or negligent act endangering—or personal safety of others 336 LIGHTS exhibiting false 281, 433 mischief by destroying, etc. 433 LIGHTHOUSE mischief by destroying, moving or rendering less useful 433 LIMIT of punishment when offence is made up of several offences 71 LOSS wrongful, definition of 23 LUNATIC cannot “consent” 90 offences committed by 84 right of defence against acts of 98 taking or enticing away—from lawful guardian 361 MACHINERY for counterfeiting currency notes 489d negligent or rash act with respect to 287 MAGISTRATE when a “judge” 19 Ills. (a) MAN definition of 10 MAP or PLAN—See Document MARRIAGE bigamy 494 causing cohabitation by deceitfully inducing a belief of lawful 493 References are to sections Sections Laws of Malaysia 296 Act 574 forging register of 466 kidnapping or abducting a woman to compel her to 366 with concealment of former 495 MARRIED WOMAN enticing away 498 kidnapping or abducting 366 MEASURE—See also Weights and Measures fraudulent use of 265 MEDICINE adulteration of and sale of adulterated 274–275 sale of—as different medicine 276 MEMBER OF PARLIAMENT OR LEGISLATIVE ASSEMBLY coercing 124 MIND—See also Unsound Mind damage to, in cheating 415 unsound, act of person of 84 MINOR consent of—in rape 375 kidnapping a—from lawful custody 361 MISCARRIAGE causing 312 causing, without woman’s consent 313 death caused by 314 MISCHIEF affecting railway engine, train, etc. 430a causing inundation or obstruction to drainage 432 committed during disturbances after preparation made for causing death or hurt 440 committing, and causing damage 427 defined 425 destroying landmark 434 destroying light, etc. 433 References are to sections Sections Penal Code 297 injuring irrigation works 430 injuring public road, bridge or river 431 injuring telegraph cable, wire, etc. 431a killing or maiming animal 428–429 publication or circulation of statements conducing to 505 punishment for 426 using fire or explosive substance 435 with intent to destroy a vessel 437 with intent to destroy a vessel by fire or explosive substance 438 MISCONDUCT in a public place by drunken person 510 MISFORTUNE—See also Accident act done by—when no offence 80 MISREPRESENTATION wilful, of material fact 107 MISTAKE of fact 76, 79 of law 76, 79 MODESTY insulting—of a person 509 outraging—of a person 354 MONTH explanation of 49 MOVABLE PROPERTY definition of 22 MURDER attempt to 307 defined 300 kidnapping or abducting in order to 364 punishment 302 punishment for culpable homicide not amounting to 304 with gang-robbery 396 References are to sections Sections Laws of Malaysia 298 Act 574 MUTINY abetting 131–132 circulating false report with intent to excite—in the Armed Forces 505 punishment of officers, soldiers and airmen in the Armed Forces 5 NAVIGATION carrying passengers in an unsafe vessel 282 danger or obstruction in 283 endangering, by removing lights, buoys, etc. 433 exhibiting false light, mark or buoy, to mislead 281 injuring, by mischief 431 rash or negligent 280 NAVY—See Armed Forces NEGLIGENCE causing death by 304a conduct with animals 289 with explosive substance 286 with fire, etc. 285 with machinery 287 with poisonous substance 284 with repairing buildings 288 in allowing a prisoner of State or prisoner of war to escape 129 rash driving or riding 279 rash navigation of vessel 280 NON-ATTENDANCE on order of public servant 174 NOTICE disobedience to attend in answer to 174 NUISANCE 268–291 continuance of 291 public 268, 290 References are to sections Sections Penal Code 299 NUMBER definition of 9 OATH—See also Affirmation definition of 51 giving false evidence 191 refusal to take 178–180 OBSCENE books sale of 292–293 songs 294 OBSTRUCTING a public way or line of navigation 283 public servant in discharge of his duty 152, 186 OFFENCE accident in doing a lawful act 80 act to which a person is compelled by threats 94 act causing slight harm 95 act likely to cause harm, but done to prevent other harm 81 act of child under ten years of age 82 act of child above ten, but under 12, and of immature understanding 83 communication made in good faith 93 cooperation in committing 37 definition of, to be subject to exceptions 6 done by consent, not intended or known to be likely to cause death or 87 grievous hurt done for benefit of child or insane person, by or by consent of guardian 89 done for the benefit of a person without consent 92 extraterritorial offences 4 intoxicated persons 85, 86 limit of punishment of, which is made up of several parts 71 meaning of 40 mistake of fact 76 mistake of law 76 References are to sections Sections Laws of Malaysia 300 Act 574 not intended to cause death done by consent for benefit of a person 88 penalty where none other provided 225b several persons concerned in one act—guilty of different offences 38 OFFENDER harbouring 212, 216 offering gifts to screen 214 taking gifts to screen 213 OMISSION—See also Act contrary to provisions of Code—liable to punishment 2 effect of, caused partly by 36 intentional to apprehend 221–222, 225a to give information 202 to give information 176, 202 to produce document 175 ORDER act done pursuant to 78 by a public servant, disobedience of 188 by a public servant, failure to attend 174 public servant corruptly making an 219 PERSON explanation of 11 PERSONATION cheating by 416 false—in a suit 205 of juror or assessor 229 of public servant 170 wearing grab of public servant, etc. 171 PLACE of Assembly defiling 295 PLAN—See Document References are to sections Sections Penal Code 301 POISON administration of—with intent to cause hurt or grievous hurt 326, 328 attempt to murder by 307 giving to animal, for mischief 428-429 negligent conduct with respect to 284 POSSESSION meaning of 27 of property by a person through wife, clerk, etc. 27 POWER of Attorney—See Document PRISONER of War aiding escape of, etc. 130 allowing escape of 128–130 PRIVATE DEFENCE act against which there is no right of 99 commencement and continuance 102, 105 extent to 99-100 harm to innocent person 106 of property 103 right of 97–99 when right extends to causing any harm other than death 101 PRIVATE PERSON threat of injury to 190 PROCEEDING judicial, intentional insult or interruption 228 of a Court, forgery of 466 of a Court, report of 499 PROCESS—See also Summons absconding to avoid or prevent service of, non-attendance in obedience to 172, 174 PROCLAMATION failure to attend, in answer to a 174 References are to sections Sections Laws of Malaysia 302 Act 574 PROMOTING hiring for unlawful assembly 150 PROPERTY—See also Fraudulent and Stolen Property assault to commit theft of 356 cheating and dishonestly inducing delivery of 420 dishonest misappropriation of 403 dishonest misappropriation of property of deceased person 404 fraudulent claim to 207 removal of 421, 424 removal or concealment of 206 illegal purchase or bid 185 in possession of wife, clerk or servant 27 movable definition of 22 kidnapping child under 10 years to steal 369 resistance to lawful taking of 183 right of private defence of 103 stolen, recovery of by offering gift 214 by taking gift 215 stolen 410 to compel restoration of by voluntarily causing hurt 330 by voluntarily causing grievous hurt 331 obstruction to lawful sale of 184 wrongful confinement for extorting 347 for restoration of 348 References are to sections Sections Penal Code 303 PROSTITUTION exploiting any person 372 person living on trading 372a soliciting for 372b PROVOCATION assault or criminal force on grave 358 assaulting or using criminal force otherwise than on grave 352 assaulting or using criminal force with intent to dishonour a person 355 causing hurt or grievous hurt on grave and sudden 334-335 given by insult 504 when—reduces murder to culpable homicide 300 PUBLIC abetting commission of offence 117 explanation of 12 PUBLIC NUISANCE—See also Nuisance defined 268 punishments 290–291 PUBLIC SERVANT defined 21 offences against by voluntarily causing hurt 332 grievous hurt 333 deter from discharge of duty by using criminal force 353 disobedience of lawful order 174, 188 false information or statement to 177, 181–182 intentional insult or interruption to 228 obstructing 186 omission to assist 187 give information 175–176 References are to sections Sections Laws of Malaysia 304 Act 574 personation of 170 refusing to answer 179 to sign statement 180 to take oath 178 resistance to lawful taking of property by 183 threat of injury to 189 wearing garb of 171 offences by accepting gratification 161, 164 concealing a design to commit offence 119 criminal breach of trust 409 disobeying direction of law 166, 217 framing incorrect document 167, 218 record, etc. 218 making order, etc., contrary to law 219 obtaining valuable thing 165 omitting to apprehend 221–222, 225a suffering escape from custody 223, 225a taking gratification to influence 162–163 unlawfully buying or bidding for property 169 engaging in trade, etc. 168–169 PUBLIC WAY danger or obstructing in 283 rash or negligent driving or riding 279 PUNISHMENTS cumulative—liability to 112 for every act or omission committed beyond Malaysia 3 within Malaysia 2 References are to sections Sections Penal Code 305 for mutiny and desertion 5 for offence, where none provided 225b of person convicted, after a previous conviction 75 guilty of one of several offences 71–72 several offences, limits of 71–72 violation of condition of remission 227 PURCHASE of property—illegal 185 of property by public servant 169 QUARANTINE disobedience of rules of 271 RAILWAY mischief affecting engine 430a RAPE defined 375 punishment 376 RASH and negligent act causing death by 304a endangering life or personal safety of others 336–337 in dealing with explosive substance 286 in dealing with fire 285 in dealing with machinery 287 in dealing with poison 284 in driving or riding 279 in navigating a vessel 280 with respect to animal 289 with respect to pulling down or repairing buildings 288 REASON TO BELIEVE explanation of 26 References are to sections Sections Laws of Malaysia 306 Act 574 RECEIVING a person as a slave 370 counterfeit currency note 489b property taken by war, etc. 127 stolen property 411–412 RELIGION—See also Divine Displeasure causing disharmony, disunity, feelings of enmity, hatred or ill will, between persons or groups of persons professing the same or different religions 298a defiling place of worship 295 prejudicing the maintenance of harmony or unity on grounds of religion 298a RELIGIOUS assembly—disturbing 296 ceremony—disturbance of 296 feelings—intent to insult 298 worship—disturbance of 296 REMISSION of punishment—violating condition of 227 REMUNERATION illegal 161 RESERVOIR fouling water of 277 RESISTANCE to the execution by law or legal process 141 to the recapture of prisoner of State or war 130 to the taking of property by a public servant 183 RESTRAINT Wrongful defined 339 punishment 341 RETAINING stolen property 412 stolen property, preparation to cause death, hurt or restraint 382 References are to sections Sections Penal Code 307 REWARD acceptance of, as a bribe 161 RIDING rash—on public way 279 RIOT armed with weapons or missiles 148 causing—by disobeying orders of a public servant 188 defined 146 liability of person benefitted by 155–156 provoking 153 punishment 147–148 suppression of 152 RIOTER harbouring 157 RIVER mischief by injury to 431 ROAD mischief by injury to 431 rash driving or riding on 279 ROBBERS harbouring 216a ROBBERY attempted 393 defined 390 property transferred by 410 punishments 392–394, 397 voluntarily causing hurt in committing 394 when armed or with attempt to cause death or grievous hurt 397 extortion is 390 theft is 390 References are to sections Sections Laws of Malaysia 308 Act 574 RUMOUR circulation of a false 505 SALE a minor for the purpose of prostitution 372 a person as a slave 370 adulterated drug 275–276 by public servant, obstruction at a 184 illegal bid at a 185 noxious food and drink 272–273 obscene books, etc. 292–293 SCREENING offender by accepting consideration for 213 by giving false information for the purpose of 201 offering consideration for 214 SECRET burying or disposal of a dead child 318 kidnapping for confinement in 365 wrongful confinement in 346 SECTION explanation of 50 SECURITY valuable—definition of 30 SEDUCTION of officer, soldier, sailor or airman 131 SERVICE of Summons—See Summons SEVERAL OFFENCES limit of punishment of 71 SIGN a false certificate 197 a false deed or instrument 423 a false document 464 References are to sections Sections Penal Code 309 SLAVERY buying or disposing of a slaves 370 habitual dealing in slaves 371 kidnapping or abducting in order to subject to 367 SOLDIER—See Armed Forces SONGS Obscene 294 SPRING—See Water STAMP counterfeit sale of 258–260 using as genuine 260 erasure of cancellation mark on 263 Government, counterfeiting 255 instrument for counterfeiting, marking, etc. 256–257 possession of counterfeit 259 removal from document 261 using already used 262 STATEMENT conducing to public mischief 505 false, on oath 181 refusing to sign 180 STOLEN PROPERTY assisting in concealment of 414 defined 410 dishonestly receiving, etc. 411 receiving in commission of gang-robbery 412 habitually dealing in 413 taking gift to help to recover 215 References are to sections Sections Laws of Malaysia 310 Act 574 SUICIDE abetment of 305–306 attempting 309 SUMMONS disobedience to lawful order 174 preventing service of 173 to avoid service 172 TELEGRAPH mischief by injury to 431a TENDER AGE 82 TERRORISM interpretation 130b offences 130c-130t TESTAMENTARY DOCUMENT—See Will THEFT by clerk, or servant of property in possession of master 381 causing death or hurt in order to commit 382 defined 378 in dwelling house, etc. 380 property transferred by 410 running vessel ashore to commit theft 439 subsequent offence of 382a when construed as robbery 390 THIEVES punishment for belonging to a gang of 401 THREAT 94 TRAIN mischief affecting 430a TRESPASS—See Criminal (Trespass), House-Trespass Trust—See Criminal (Breach of Trust) References are to sections Sections Penal Code 311 UNDERSTANDING insufficient 83 UNNATURAL OFFENCES buggery with an animal 377 carnal intercourse against order of nature 377a punishment 377b without consent, etc. 377c inciting child—act of gross indecency 377e outrages on decency 377d UNSOUND MIND act of person of 84 consent of guardian 89–90 VALUABLE SECURITY—See also Security burning a, is mischief 425 definition of 30 delivery of—where extortion 383 forging a 467 procuring the making, etc., of—by cheating 420 wrongful confinement to extort, or compel its restoration 347–348 VEHICLE rash driving or riding 279 VESSEL conveyance in overloaded or unsafe 282 definition of 48 deserter concealed 137 mischief by fire or any explosive substance 438 with intent to destroy 437 rash or negligent navigation 280 running ashore to commit theft, etc. 439 References are to sections Sections Laws of Malaysia 312 Act 574 VIOLENCE in lawful assembly amounts to rioting 146 VOLUNTARILY defined 39 VOLUNTARILY CAUSING HURT defined 322 WAR collecting arms, etc., against the Yang di-Pertuan Agong 122 concealing design to wage 123 prisoner of—escape 128–130 receiving property, taken by 127 waging against the Yang di-Pertuan Agong, etc. 121 against power in alliance with the Yang di-Pertuan Agong 125–127 WATER fouling or corrupting 277 mischief by interference with 430, 432 WEIGHTS AND MEASURES fraudulent use of 264–265 making or selling 267 possession of false 266 WIFE enticing away, of another 498 harbouring husband, commits no offence 136, 212, 216 WILL alteration of a, is forgery 464 denotes any testamentary document 31 forgery of 467 fraudulent cancellation or destruction of 477 sexual intercourse against—is rape 375 WOMAN assaulting or using force to—with intent to outrage her modesty 354 References are to sections Sections Penal Code 313 causing death of—by act intended to cause miscarriage 314 causing miscarriage of—with or without consent 312–313 definition of 10 enticing or taking away or detaining with criminal intent a married 498 kidnapping a—from lawful guardianship 361 kidnapping or abducting a—to compel marriage or her being seduced 366 word or gesture or act intended to insult the modesty of a 509 WORSHIP disturbing an assembly performing religious 296 house-trespass in a place of 442 injuring or defiling a place of 295 mischief by destroying a place of—by fire 436 trespass in place of 297 WRONGFUL GAIN definition of 23 YANG DI-PERTUAN AGONG, RULERS AND YANG DI-PERTUA NEGERI ally, of offences against 125–126 concealing design to wage war 123 offences against 121–123 offences against authority of 121b waging war against, etc. 121 harbouring enemies of 125A YEAR definition of 49 References are to sections Sections DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW23/1011 02-10-2023

Penal Code 1

Penal Code 1

Chapter I

PRELIMINARY

Short title

Punishment of offences committed within Malaysia

Punishment of offences committed beyond, but which by law may be tried within Malaysia

Extension of Code to extraterritorial offences

Certain laws not to be affected by this Code

Chapter II

GENERAL EXPLANATIONS

Definitions in the Code to be understood subject to exceptions

Expression once explained is used in the same sense throughout the Code

“Gender”

“Number”

“Man” and “woman”

“Person”

“Public”

(Deleted)

“Government”

“Judge”

“Court”

“Public servant”

“Movable property”

“Wrongful gain” and “wrongful loss”

“Dishonestly”

“Fraudulently”

“Reason to believe”

“Property in possession of wife, clerk or servant”

“Counterfeit”

“Document”

“Valuable security”

“A will”

Words referring to acts include illegal omissions

“Act” and “omission”

Each of several persons liable for an act done by all, in like manner as if done by him alo...

When such an act is criminal by reason of its being done with a criminal knowledge or inten...

Effect caused partly by act and partly by omission

Cooperation by doing one of several acts constituting an offence

Several persons engaged in the commission of a criminal act, may be guilty of different off...

“Voluntarily”

“Offence”

“Illegal”, “unlawful” and “legally bound to do”

“Injury”

“Life”

“Death”

“Animal”

“Vessel”

“Year” and “month”

“Section”

“Oath”

“Good faith”

“Non-serious offence”

“Serious offence”

Chapter III

PUNISHMENTS

Fractions of terms of punishment

Limit of punishment of offence which is made up of several offences

Punishment of a person found guilty of one of several offences, the judgment stating that i...

Punishment of persons convicted, after a previous conviction of an offence punishable with...

Punishment of mandatory imprisonment for persons convicted of multiple serious offences

Chapter IV

GENERAL EXCEPTIONS

Act done by a person bound, or by mistake of fact believing himself bound, by law

Act of Judge when acting judicially

Act done pursuant to the judgment or order of a Court

Act done by a person justified, or by mistake of fact believing himself justified by law

Accident in the doing of a lawful act

Act likely to cause harm but done without a criminal intent, and to prevent other harm

Act of a child under 10 years of age

Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity...

Act of a person of unsound mind

Intoxication when a defence

Effect of defence of intoxication when established

Act not intended and not known to be likely to cause death or grievous hurt, done by consent

Act not intended to cause death, done by consent in good faith for the benefit of a person

Act done in good faith for the benefit of a child or person of unsound mind, by or by conse...

Consent known to be given under fear or misconception and consent of a child or person of u...

Acts which are offences independently of harm caused to the person consenting, are not with...

Act done in good faith for the benefit of a person without consent