/akn/my/act/act/2023/846

AKTA PEMANSUHAN HUKUMAN MATI MANDATORI 2023

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Abolition of Mandatory Death Penalty 1

Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 Laws of Malaysia 2 Act 846 Date of Royal Assent ... ... 9 June 2023 Date of publication in the ... ... 16 June 2023 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Abolition of Mandatory Death Penalty 3 Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 ARRANGEMENT OF SECTIONS

Part

Part I

Text

PRELIMINARY

Section

Section 1

Short title and commencement

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Section 2

Amendments of Acts

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Part

Part II

Text

AMENDMENTS TO THE PENAL CODE

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Section 3

Amendment of section 115

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Section 4

Amendment of section 118

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Section 5

Amendment of section 119

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Section 6

Amendment of section 121

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Section 7

Amendment of section 121a

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Section 8

Amendment of section 121b

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Section 9

Amendment of section 122

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Section 10

Amendment of section 124k

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Section 11

Amendment of section 124m

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Section 12

Amendment of section 125

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Section 13

Amendment of section 125a

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Section 14

Amendment of section 128

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Section 15

Amendment of section 130

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Section 16

Amendment of section 130a

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Section 17

Amendment of section 130b

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Section 18

Amendment of section 130c

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Section 19

Amendment of section 130d

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Section 20

Amendment of section 130i

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Section 21

Amendment of section 130j

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Section 22

Amendment of section 130k

Laws of Malaysia 4 Act 846

Section 23

Amendment of section 130ka

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Section 24

Amendment of section 130n

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Section 25

Amendment of section 130o

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Section 26

Amendment of section 130qa

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Section 27

Amendment of section 130zb

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Section 28

Amendment of section 201

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Section 29

Amendment of section 212

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Section 30

Amendment of section 213

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Section 31

Amendment of section 214

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Section 32

Amendment of section 216

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Section 33

Amendment of section 221

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Section 34

Amendment of section 302

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Section 35

Amendment of section 307

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Section 36

Amendment of section 364

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Section 37

Amendment of section 374a

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Section 38

Amendment of section 450

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Section 39

Transitional

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Part

Part III

Text

AMENDMENTS TO THE FIREARMS (INCREASED PENALTIES) ACT 1971

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Section 40

Amendment of section 2

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Section 41

Amendment of section 3

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Section 42

Amendment of section 3a

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Section 43

Amendment of section 4

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Section 44

Amendment of section 5

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Section 45

Amendment of section 7

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Section 46

Transitional

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Part

Part IV

Text

AMENDMENTS TO THE ARMS ACT 1960

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Section 47

Amendment of section 2

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Section 48

Amendment of section 14

Section Abolition of Mandatory Death Penalty 5

Section 49

Amendment of section 32

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Section 50

Deletion of section 46

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Section 51

Transitional

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Part

Part V

Text

AMENDMENT TO THE KIDNAPPING ACT 1961

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Section 52

Amendment of section 3

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Section 53

Transitional

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Part

Part VI

Text

AMENDMENT TO THE DANGEROUS DRUGS ACT 1952

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Section 54

Amendment of section 39b

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Section 55

Transitional

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Part

Part VII

Text

AMENDMENTS TO THE STRATEGIC TRADE ACT 2010

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Section 56

Amendment of section 9

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Section 57

Amendment of section 10

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Section 58

Amendment of section 11

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Section 59

Amendment of section 12

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Section 60

Transitional

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Part

Part VIII

Text

AMENDMENTS TO THE CRIMINAL PROCEDURE CODE

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Section 61

Amendment of section 15

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Section 62

Amendment of section 172d

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Section 63

Amendment of section 388

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Section 64

Amendment of section 425a

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Section 65

Amendment of First Schedule

Section Laws of Malaysia 6 Act 846 Abolition of Mandatory Death Penalty 7

Preamble
Preamble

An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows:

Part

Part I

Text

PRELIMINARY

Short title and commencement

Section 1

This Act may be cited as the Abolition of Mandatory Death

Penalty Act 2023.

Subsection
Subsection

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Act 846 ABOLITION OF MANDATORY DEATH PENALTY ACT 2023 Laws of Malaysia 8 Act 846 Amendment of Acts

Section 2

The Penal Code [Act 574], the Firearms (Increased Penalties)

Act 1971 [Act 37], the Arms Act 1960 [Act 206], the Kidnapping Act 1961 [Act 365], the Dangerous Drugs Act 1952 [Act 234], the Strategic Trade Act 2010 [Act 708] and the Criminal Procedure Code [Act 593] are amended in the manner specified in Parts II, III, IV, V, VI, VII and VIII respectively.

Part

Part II

Text

AMENDMENTS TO THE PENAL CODE

Amendment of section 115

Section 3

The Penal Code, which is referred to as the “Code” in this

Part, is amended in section 115 by inserting after the words “which may extend to twenty years” the words “or upwards”. Amendment of section 118

Section 4

Section 118 of the Code is amended by inserting after the words

“which may extend to twenty years” the words “or upwards”. Amendment of section 119

Section 5

Section 119 of the Code is amended by inserting after the words

“which may extend to twenty years” the words “or upwards”. Amendment of section 121

Section 6

Section 121 of the Code is amended by substituting for the words “imprisonment for life” th...

Abolition of Mandatory Death Penalty 9 Amendment of section 121a

Section 7

Section 121a of the Code is amended by substituting for the words “with death and shall als...

“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”. Amendment of section 121b

Section 8

Section 121b of the Code is amended by substituting for the words “imprisonment for life” t...

Amendment of section 122

Section 9

Section 122 of the Code is amended by substituting for the words “imprisonment for life or...

Amendment of section 124k

Section 10

Section 124k of the Code is amended by substituting for the words “imprisonment for life” t...

Amendment of section 124m

Section 11

Section 124m of the Code is amended by substituting for the words “imprisonment for life” t...

Amendment of section 125

Section 12

Section 125 of the Code is amended by substituting for the words “imprisonment for life, to...

or with imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. Laws of Malaysia 10 Act 846 Amendment of section 125a

Section 13

Section 125a of the Code is amended by substituting for the words “imprisonment for life, t...

or with imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”. Amendment of section 128

Section 14

Section 128 of the Code is amended by substituting for the words “imprisonment for life, or...

Amendment of section 130

Section 15

Section 130 of the Code is amended by substituting for the words “imprisonment for life, or...

Amendment of section 130a

Section 16

Section 130a of the Code is amended by deleting paragraph (f).

Amendment of section 130b

Section 17

Subsection 130b(1) of the Code is amended by deleting the definition of “imprisonment for l...

Amendment of section 130c

Section 18

Paragraph 130c(1)(a) of the Code is amended by inserting after the words “with death” the w...

Abolition of Mandatory Death Penalty 11 Amendment of section 130d

Section 19

Section 130d of the Code is amended by substituting for the words “imprisonment for life or...

Amendment of section 130i

Section 20

Paragraph 130i(a) of the Code is amended by inserting after the words “with death” the word...

Amendment of section 130j

Section 21

Subsection 130j(1) of the Code is amended by substituting for the words “imprisonment for l...

Amendment of section 130k

Section 22

Section 130k of the Code is amended by substituting for the words “imprisonment for life, a...

the words “imprisonment for a term not exceeding forty years, and shall also be liable to fine”. Amendment of section 130ka

Section 23

Section 130ka of the Code is amended by substituting for the words “imprisonment for life”...

Amendment of section 130n

Section 24

Paragraph 130n(a) of the Code is amended by inserting after the words “with death” the word...

Laws of Malaysia 12 Act 846 Amendment of section 130o

Section 25

Paragraph 130o(1)(aa) of the Code is amended by inserting after the words “with death” the...

Amendment of section 130qa

Section 26

Paragraph 130qa(a) of the Code is amended by inserting after the words “with death” the wor...

Amendment of section 130zb

Section 27

Paragraph 130zb(a) of the Code is amended by inserting after the words “with death” the wor...

Amendment of section 201

Section 28

Section 201 of the Code is amended by inserting after the words “imprisonment which may ext...

the words “or upwards”. Amendment of section 212

Section 29

Subsection 212(1) of the Code is amended by inserting after the words “imprisonment which m...

the words “or upwards”. Amendment of section 213

Section 30

Section 213 of the Code is amended by inserting after the words “imprisonment which may ext...

“or upwards”. Abolition of Mandatory Death Penalty 13 Amendment of section 214

Section 31

Section 214 of the Code is amended by inserting after the words “imprisonment which may ext...

“or upwards”. Amendment of section 216

Section 32

Subsection 216(1) of the Code is amended by inserting after the words “imprisonment for ten...

Amendment of section 221

Section 33

Paragraph 221(b) of the Code is amended by inserting after the words “imprisonment for a te...

the words “or upwards”. Amendment of section 302

Section 34

Section 302 of the Code is amended by inserting after the words “with death” the words “or...

Amendment of section 307

Section 35

Section 307 of the Code is amended by deleting subsection (2).

Amendment of section 364

Section 36

Section 364 of the Code is amended by substituting for the words “death or imprisonment for...

Laws of Malaysia 14 Act 846 Amendment of section 374a

Section 37

Paragraph 374a(a) of the Code is amended by inserting after the words “with death” the word...

Amendment of section 450

Section 38

Section 450 of the Code is amended by inserting after the words “imprisonment for a term wh...

the words “or upwards”. Transitional

Section 39

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

130n(a), 130o(1)(aa), 130qa(a), 130zb(a) 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.

Part

Part III

Text

AMENDMENTS TO THE FIREARMS

(INCREASED PENALTIES) ACT 1971 Amendment of section 2

Section 40

The Firearms (Increased Penalties) Act 1971, which is referred to as the “principal Act” in...

by deleting the definition of “imprisonment for life”. Amendment of section 3

Section 41

Section 3 of the principal Act is amended by substituting for the words “be punished with d...

Abolition of Mandatory Death Penalty 15 Amendment of section 3a

Section 42

Section 3a of the principal Act is amended by substituting for the words “be punished with...

Amendment of section 4

Section 43

Section 4 of the principal Act is amended by substituting for the words “imprisonment for l...

Amendment of section 5

Section 44

Section 5 of the principal Act is amended by substituting for the words “imprisonment for l...

Amendment of section 7

Section 45

Section 7 of the principal Act is amended by substituting for subsection (1) the following...

“(1)  Any person trafficking in firearms shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes.”. Transitional

Section 46

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

Laws of Malaysia 16 Act 846

Part

Part IV

Text

AMENDMENTS TO THE ARMS ACT 1960

Amendment of section 2

Section 47

The Arms Act 1960, which is referred to as the “principal Act”

in this Part, is amended in subsection 2(1) by deleting the definition of “imprisonment for life”. Amendment of section 14

Section 48

Section 14 of the principal Act is amended—

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Paragraph
Paragraph

(a) by substituting for subsection (1) the following subsection: “(1)  Any person who manufactures an arm or ammunition without a valid licence granted under section 12 or in contravention of any condition imposed under paragraph 12(2)(a) shall, on conviction—

Paragraph
Paragraph

(a) be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping of not less than six strokes; and

Paragraph
Paragraph

(b) in the case of a company, firm, society or body of persons, be punished with a fine not exceeding five million ringgit.”; and

Paragraph
Paragraph

(b) in subsection (2)—

Paragraph
Paragraph

(i) by substituting for the words “twenty-five thousand ringgit” the words “two hundred and fifty thousand ringgit”; and

Subparagraph
Subparagraph

(ii) by substituting for the words “one hundred thousand ringgit” the words “one million ringgit”. Amendment of section 32

Section 49

Paragraph 32(1)(a) of the principal Act is amended by substituting for the words “imprisonm...

Abolition of Mandatory Death Penalty 17 Deletion of section 46

Section 50

Section 46 of the principal Act is deleted.

Transitional

Section 51

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

No text is available for this node.

Part

Part V

Text

AMENDMENT TO THE KIDNAPPING ACT 1961

Amendment of section 3

Section 52

The Kidnapping Act 1961, which is referred to as the “principal Act” in this Part, is amend...

the words “with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping”. Transitional

Section 53

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

Laws of Malaysia 18 Act 846

Part

Part VI

Text

AMENDMENT TO THE DANGEROUS DRUGS ACT 1952

Amendment of section 39b

Section 54

The Dangerous Drugs Act 1952, which is referred to as the “principal Act” in this Part, is...

No text is available for this node.

Paragraph
Paragraph

(a) in subsection (2), by substituting for the words “be punished with whipping of not less than fifteen strokes” the words “be punished with whipping of not less than twelve strokes”; and

Paragraph
Paragraph

(b) by deleting subsections (2a) and (2b). Transitional

Section 55

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

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Part

Part VII

Text

AMENDMENTS TO THE STRATEGIC TRADE ACT 2010

Amendment of section 9

Section 56

The Strategic Trade Act 2010, which is referred to as the “principal Act” in this Part, is...

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Paragraph
Paragraph

(a) in subsubparagraph 9(4)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”; Abolition of Mandatory Death Penalty 19

Paragraph
Paragraph

(b) in subsubparagraph 9(5)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”; and

Paragraph
Paragraph

(c) in subsubparagraph 9(6)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 10

Section 57

Paragraph 10(2)(a) of the principal Act is amended by substituting for the words “imprisonm...

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 11

Section 58

Subparagraph 11(2)(a)(i) of the principal Act is amended by substituting for the words “imp...

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 12

Section 59

Subsubparagraph 12(4)(a)(i)(A) of the principal Act is amended by substituting for the word...

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Transitional

Section 60

Upon the coming into operation of this Act, if a person is convicted by any court for the c...

Laws of Malaysia 20 Act 846

Part

Part VIII

Text

AMENDMENTS TO THE CRIMINAL PROCEDURE CODE

Amendment of section 15

Section 61

The Criminal Procedure Code, which is referred to as the “Code” in this Part, is amended in...

“or with imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 172d

Section 62

Subparagraph 172d(3)(b)(ii) of the Code is amended by substituting for the words “imprisonm...

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”. Amendment of section 388

Section 63

Subsection 388(1) of the Code is amended by inserting after the words “imprisonment for lif...

Amendment of section 425a

Section 64

Subsection 425a(2) of the Code is amended by substituting for paragraph (c) the following p...

“(c)  imprisonment for a term of not less than thirty years but not exceeding forty years.”. Amendment of First Schedule

Section 65

The First Schedule to the Code is amended—

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Paragraph
Paragraph

(a) in the item relating to section 115 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”; Abolition of Mandatory Death Penalty 21

Paragraph
Paragraph

(b) in the item relating to section 118 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”;

Paragraph
Paragraph

(c) in the item relating to section 119 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”;

Paragraph
Paragraph

(d) in the item relating to section 121 of the Penal Code, in column (7), by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”;

Paragraph
Paragraph

(e) in the item relating to section 121a of the Penal Code, in column (7), by substituting for the words “and fine” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

Paragraph
Paragraph

(f) in the item relating to section 121b of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”;

Paragraph
Paragraph

(g) in the item relating to section 122 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words “Imprisonment for a term not exceeding forty years”;

Paragraph
Paragraph

(h) in the item relating to section 124k of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”;

Paragraph
Paragraph

(i) in the item relating to section 124m of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”; Laws of Malaysia 22 Act 846

Paragraph
Paragraph

(j) in the item relating to section 125 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years and fine;” the words “Imprisonment for a term not exceeding forty years and fine,”;

Paragraph
Paragraph

(k) in the item relating to section 125a of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years and fine;” the words “Imprisonment for a term not exceeding forty years and fine,”;

Paragraph
Paragraph

(l) in the item relating to section 128 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words “Imprisonment for a term not exceeding forty years”;

Paragraph
Paragraph

(m) in the item relating to section 130 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words “Imprisonment for a term not exceeding forty years”;

Paragraph
Paragraph

(n) in the item relating to section 130c of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

Paragraph
Paragraph

(o) in the item relating to section 130d of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for thirty years” the words “Imprisonment for a term not exceeding forty years”;

Paragraph
Paragraph

(p) in the item relating to section 130i of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

Paragraph
Paragraph

(q) in the item relating to section 130j of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for thirty years” the words “Imprisonment for a term not exceeding forty years”; Abolition of Mandatory Death Penalty 23

Paragraph
Paragraph

(r) in the item relating to section 130k of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years” the words “Imprisonment for a term not exceeding forty years, and fine”;

Paragraph
Paragraph

(s) in the item relating to section 130ka of the Penal Code, in column (7), by substituting for the words “imprisonment for life” the words “forty years”;

Paragraph
Paragraph

(t) in the item relating to section 130n of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

Paragraph
Paragraph

(u) in the item relating to section 130o of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

Paragraph
Paragraph

(v) in the item relating to section 130qa of the Penal Code, in column (7), by substituting for the words “If the act results in death, with death, in any other case, imprisonment for not less than seven years but not exceeding thirty years, and fine” the words “Death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine”;

Paragraph
Paragraph

(w) in the item relating to section 130zb of the Penal Code, in column (7), by substituting for the words “If the act results in death, with death, in any other case, imprisonment for not less than seven years but not exceeding thirty years, and fine” the words “Death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine”; Laws of Malaysia 24 Act 846

Paragraph
Paragraph

(x) in the item relating to section 201 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

Paragraph
Paragraph

(y) in the item relating to section 212 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

Paragraph
Paragraph

(z) in the item relating to section 213 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”; (aa) in the item relating to section 214 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”; (bb) in the item relating to section 216 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

Subparagraph
Subparagraph

(cc) in the item relating to section 221 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

Subparagraph
Subparagraph

(dd) in the item relating to section 302 of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”; (ee) in relation to section 307 of the Penal Code, by deleting the item “Attempt by life convict to murder, if hurt is caused” and the particulars relating to it; (ff) in the item relating to section 364 of the Penal Code, in column (7), by substituting for the words “Death, or imprisonment for thirty years” the words “Imprisonment for a term of not more than thirty years”; Abolition of Mandatory Death Penalty 25 (gg) in the item relating to section 374a of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”; and (hh) in the item relating to section 450 of the Penal Code, in column (2), by inserting after the words “punishable with imprisonment for life” the words “, imprisonment for twenty years or upwards”. DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW23/0559 16-06-2023