Citation Act 574 | Territorial extent Malaysia | |
Date enacted 1936 (F. M. S. Cap. 45)
Revised: 1997 (Act 574 w.e.f. 7 August 1997) Date effective Throughout Malaysia—31 March 1976, Act A327, P.U. (B) 139/1976 |
The Penal Code (Malay: Kanun Keseksaan) is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.
Contents
- Structure
- Chapter I Preliminary
- Chapter II General Explanations
- Chapter III Punishments
- Chapter IV General Exceptions
- Chapter V Abetment
- Chapter VA Criminal Conspiracy
- Chapter VI Offences against the State
- Chapter VIA Offences Relating to Terrorism
- Chapter VIB Organised Crime
- Chapter VII Offences Relating to the Armed Forces
- Chapter VIII Offences against the Public Tranquillity
- Chapter IX Offences by or Relating to Public Servants
- Chapter X Contempts of the Lawful Authority of Public Servants
- Chapter XI False Evidence and Offences against Public Justice
- Chapter XII Offences Relating to Coin and Government Stamps
- Chapter XIII Offences Relating to Weights and Measures
- Chapter XIV Offences Affecting the Public Health Safety Convenience Decency and Morals
- Chapter XV Offences Relating to Religion
- Chapter XVI Offences Affecting the Human Body
- Chapter XVII Offences Against Property
- Chapter XVIII Offences Relating to Documents and to Currency Notes and Bank Notes
- Chapter XIX Criminal Breach of Contracts of Service
- Chapter XX Offences Relating to Marriage
- Chapter XXI Defamation
- Chapter XXII Criminal Intimidation Insult and Annoyance
- Chapter XXIII Attempts to Commit Offences
- References
Structure
Penal Code of Malaysia, in its current form (4 June 2015), sub-divided into twenty three chapters, comprises five hundred and eleven sections (including 37 amendments). The code starts with an introduction, provides explanations and exceptions used in the code, and covers a wide range of offences.
Chapter I: Preliminary
1. Short title 2. Punishment of offences committed within Malaysia 3. Punishment of offences committed beyond, but which by law may be tried within Malaysia 4. Extension of Code to extraterritorial offences 5. Certain laws not to be affected by this CodeChapter II: General Explanations
6. Definitions in the Code to be understood subject to exceptions 7. Expression once explained is used in the same sense throughout the Code 8. “Gender” 9. “Number” 10. “Man” and “woman” 11. “Person” 12. “Public” 13. (Deleted) (There are no ss. 14–16) 17. “Government” (There is no s. 18) 19. “Judge” 20. “Court” 21. “Public servant” 22. “Movable property” 23. “Wrongful gain” and “wrongful loss” 24. “Dishonestly” 25. “Fraudulently” 26. “Reason to believe” 27. “Property in possession of wife, clerk or servant” 28. “Counterfeit” 29. “Document” 30. “Valuable security” 31. “A will” 32. Words referring to acts include illegal omissions 33. “Act” and “omission” 34. Each of several persons liable for an act done by all, in like manner as if done by him alone 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention 36. Effect caused partly by act and partly by omission 37. Cooperation by doing one of several acts constituting an offence 38. Several persons engaged in the commission of a criminal act, may be guilty of different offences 39. “Voluntarily” 40. “Offence” (There are no ss. 41–42) 43. “Illegal”, “unlawful” and “legally bound to do” 44. “Injury” 45. “Life” 46. “Death” 47. “Animal” 48. “Vessel” 49. “Year” and “month” 50. “Section” 51. “Oath” 52. “Good faith” 52A. “Non-serious offence” 52B. “Serious offence”Chapter III: Punishments
53–55. (Deleted) (There is no s. 56) 57. Fractions of terms of punishment (There is no s. 58) 59–60. (Deleted) (There are no ss. 61–62) 63–64. (Deleted) (There is no s. 65) 66–70. (Deleted) 71. Limit of punishment of offence which is made up of several offences 72. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which 73–74. (Deleted) 75. Punishment of persons convicted, after a previous conviction of an offence punishable with three years’ imprisonment 75A. Punishment of mandatory imprisonment for persons convicted of multiple serious offencesChapter IV: General Exceptions
76. Act done by a person bound, or by mistake of fact believing himself bound, by law 77. Act of Judge when acting judicially 78. Act done pursuant to the judgment or order of a Court 79. Act done by a person justified, or by mistake of fact believing himself justified by law 80. Accident in the doing of a lawful act 81. Act likely to cause harm but done without a criminal intent, and to prevent other harm 82. Act of a child under 10 years of age 83. Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity of understanding 84. Act of a person of unsound mind 85. Intoxication when a defence 86. Effect of defence of intoxication when established 87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent 88. Act not intended to cause death, done by consent in good faith for the benefit of a person 89. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian 90. Consent known to be given under fear or misconception and consent of a child or person of unsound mind 91. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 89 92. Act done in good faith for the benefit of a person without consent 93. Communication made in good faith 94. Act to which a person is compelled by threats 95. Act causing slight harmChapter V: Abetment
107. Abetment of a thing 108. Abettor 108A. Abetment in Malaysia of offences outside Malaysia 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment 110. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor 111. Liability of abettor when one act is abetted and a different act is done 112. Abettor, when liable to cumulative punishment for act abetted and for act done 113. Liability of abettor for an offence caused by the act abetted different from that intended by the abettor 114. Abettor present when offence committed 115. Abetment of an offence punishable with death or imprisonment for life 116. Abetment of an offence punishable with imprisonment 117. Abetting the commission of an offence by the public, or by more than ten persons 118. Concealing a design to commit an offence punishable with death or imprisonment for life 119. A public servant concealing a design to commit an offence which it is his duty to prevent 120. Concealing a design to commit an offence punishable with imprisonmentChapter VA: Criminal Conspiracy
120A. Definition of criminal conspiracy 120B. Punishment of criminal conspiracyChapter VI: Offences against the State
121. 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 121A. 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 122. Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri 123. Concealing with intent to facilitate a design to wage war 124. Assaulting Member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power 124A. (Deleted) 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. 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 125. Waging war against any power in alliance with the Yang di-Pertuan Agong 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 126. Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong 127. Receiving property taken by war or depredation mentioned in sections 125 and 126 128. Public servant voluntarily allowing prisoner of State or war in his custody to escape 129. Public servant negligently suffering prisoner of State or war in his custody to escape 130. Aiding escape of, rescuing, or harbouring such prisoner 130A. Interpretation of this ChapterChapter VIA: Offences Relating to Terrorism
130B. Interpretation in relation to this ChapterChapter VIB: Organised Crime
130U. Interpretation in relation to this Chapter 130V. Member of an organised criminal group 130W. Assisting an organised criminal group 130X. Harbouring member of an organised criminal group 130Y. Consorting with an organised criminal group 130Z. Recruiting persons to be members of an organised criminal group 130ZA. Participation in an organised criminal group 130ZB. Accepting gratification to facilitate or enable organised criminal activity 130ZC. Enhanced penalties for offences committed by an organised criminal group or member of an organised criminal groupChapter VII: Offences Relating to the Armed Forces
131. Abetting mutiny, or attempting to seduce a soldier or sailor from his duty 132. Abetment of mutiny, if mutiny is committed in consequence thereof 133. Abetment of an assault by a soldier or sailor on his superior officer, when in the execution of his office 134. Abetment of such assault if the assault is committed 135. Abetment of the desertion of a soldier, sailor or airman 136. Harbouring a deserter 137. Deserter concealed on board merchant vessel through negligence of master 138. Abetment of act of insubordination by a soldier, sailor or airman 139. Persons subject to Articles of War not punishable under this Code 140. Wearing the dress of a soldier, sailor or airman 140A. “Harbour” 140B. Application of Chapter VIIChapter VIII: Offences against the Public Tranquillity
141. Unlawful assembly 142. Being a member of an unlawful assembly 143. Punishment 144. Possessing weapons or missiles at unlawful assemblies 145. Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse 146. Force used by one member in prosecution of common object 147. Punishment for rioting 148. Possessing weapons or missiles at riot 149. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object 150. Hiring, or conniving at hiring, of persons to join an unlawful assembly 151. Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse 152. Assaulting or obstructing public servant when suppressing riot, etc. 153. Wantonly giving provocation, with intent to cause riot 153A. (Deleted) 154. Owner or occupier of land on which an unlawful assembly is held 155. Liability of person for whose benefit a riot is committed 156. Liability of agent of owner or occupier for whose benefit a riot is committed 157. Harbouring persons hired for an unlawful assembly 158. Being hired to take part in an unlawful assembly or riot, or to go armed 159. Affray 160. Punishment for committing affrayChapter IX: Offences by, or Relating to, Public Servants
161. Public servant taking a gratification, other than legal remuneration, in respect of an official act 162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant 163. Taking a gratification, for the exercise of personal influence with a public servant 164. Punishment for abetment by public servant of the offences above defined 165. Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant 166. Public servant disobeying a direction of the law, with intent to cause injury to any person 167. Public servant framing an incorrect document with intent to cause injury 168. Public servant unlawfully engaging in trade 169. Public servant unlawfully buying or bidding for property 170. Personating a public servant 171. Wearing garb or carrying token used by public servant with fraudulent intentChapter X: Contempts of the Lawful Authority of Public Servants
172. Absconding to avoid service of summons or other proceeding from a public servant 173. Preventing service of summons or other proceeding, or preventing publication thereof 174. Non-attendance in obedience to an order from a public servant 175. Omission to produce a document to a public servant by a person legally bound to produce such document 176. Omission to give notice or information to a public servant by a person legally bound to give notice or information 177. Furnishing false information 178. Refusing oath when duly required to take oath by a public servant 179. Refusing to answer a public servant authorized to question 180. Refusing to sign statement 181. False statement on oath to public servant or person authorized to administer an oath 182. False information, with intent to cause a public servant to use his lawful power to the injury of another person 183. Resistance to the taking of property by the lawful authority of a public servant 184. Obstructing sale of property offered for sale by authority of a public servant 185. Illegal purchase or bid for property offered for sale by authority of a public servant 186. Obstructing public servant in discharge of his public functions 187. Omission to assist public servant when bound by law to give assistance 188. Disobedience to an order duly promulgated by a public servant 189. Threat of injury to a public servant 190. Threat of injury to induce any person to refrain from applying for protection to a public servantChapter XI: False Evidence and Offences against Public Justice
191. Giving false evidence 192. Fabricating false evidence 193. Punishment for false evidence 194. Giving or fabricating false evidence with intent to procure conviction of a capital offence 195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment 196. Using evidence known to be false 197. Issuing or signing a false certificate 198. Using as a true certificate one known to be false in a material point 199. False statement made in any declaration which is by law receivable as evidence 200. Using as true any such declaration known to be false 201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender 202. Intentional omission, by a person bound to inform, to give information of an offence 203. Giving false information respecting an offence committed 203A. Disclosure of information 204. Destruction of document to prevent its production as evidence 205. False personation for the purpose of any act or proceeding in a suit 206. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree 207. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree 208. Fraudulently suffering a decree for a sum not due 209. Dishonestly making a false claim before a Court 210. Fraudulently obtaining a decree for a sum not due 211. False charge of offence made with intent to injure 212. Harbouring an offender 213. Taking gifts, etc., to screen an offender from punishment 214. Offering gift or restoration of property in consideration of screening offender 215. Taking gift to help to recover stolen property, etc. 216. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered 216A. Harbouring robbers or gang-robbers, etc. 216B. “Harbour” 217. Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture 218. Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture 219. Public servant in a judicial proceeding corruptly making an order, report, etc., which he knows to be contrary to law 220. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law 221. Intentional omission to apprehend on the part of a public servant bound by law to apprehend 222. Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court 223. Escape from confinement negligently suffered by a public servant and facilitating or enabling any terrorist act, etc. 224. Resistance or obstruction by a person to his lawful apprehension 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 226. (Deleted) 227. Violation of condition of remission of punishment 228. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding 229. Personation of a juror or assessorChapter XII: Offences Relating to Coin and Government Stamps
230. Interpretation 231. (Deleted) 232. Counterfeiting coin 233. (Deleted) 234. Making or selling instrument for counterfeiting coin 235. Possession of instrument or material for the purpose of using the same for counterfeiting coin 236. Abetting in Malaysia the counterfeiting out of Malaysia of coin 237. (Deleted) 238. Import or export of counterfeit coin 239. (Deleted) 240. Delivery of coin, possessed with the knowledge that it is counterfeit 241. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit 242. (Deleted) 243. Possession of coin by a person who knew it to be counterfeit when he became possessed thereof (There are no ss. 244–245) 246. (Deleted) 247. Fraudulently or dishonestly diminishing the weight or altering the composition of coin 248. (Deleted) 249. Altering appearance of coin with intent that it shall pass as a coin of a different description 250. (Deleted) 251. Delivery of coin, possessed with the knowledge that it is altered 252. (Deleted) 253. Possession of coin by a person who knew it to be altered when he became possessed thereof 254. Delivery to another of coin as genuine, which when first possessed, the deliverer did not know to be altered 255. Counterfeiting a Government stamp 256. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp 257. Making or selling an instrument for the purpose of counterfeiting a Government stamp 258. Sale of counterfeit Government stamp 259. Having possession of a counterfeit Government stamp 260. Using as genuine a Government stamp known to be counterfeit 261. 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 262. Using a Government stamp known to have been before used 263. Erasure of mark denoting that stamp has been usedChapter XIII: Offences Relating to Weights and Measures
264. Fraudulent use of false instrument for weighing 265. Fraudulent use of false weight or measure 266. Being in possession of false weights or measures 267. Making or selling false weights or measuresChapter XIV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
268. Public nuisance 269. Negligent act likely to spread infection of any disease dangerous to life 270. Malignant act likely to spread infection of any disease dangerous to life 271. Disobedience to a quarantine rule 272. Adulteration of food or drink which is intended for sale 273. Sale of noxious food or drink 274. Adulteration of drugs 275. Sale of adulterated drugs 276. Sale of any drug as a different drug or preparation 277. Fouling the water of a public spring or reservoir 278. Making atmosphere noxious to health 279. Rash driving or riding on a public way 280. Rash navigation of a vessel 281. Exhibition of a false light, mark or buoy 282. Conveying person by water for hire in a vessel overloaded or unsafe 283. Danger or obstruction in a public way or navigation 284. Negligent conduct with respect to any poisonous substance 285. Negligent conduct with respect to any fire or combustible matter 286. Negligent conduct with respect to any explosive substance 287. Negligent conduct with respect to any machinery in the possession or under the charge of the offender 288. Negligence with respect to pulling down or repairing buildings 289. Negligence with respect to any animal 290. Punishment for public nuisance 291. Continuance of nuisance after injunction to discontinue 292. Sale, etc., of obscene books, etc. 293. Sale, etc., of obscene objects to young person 294. Obscene songsChapter XV: Offences Relating to Religion
295. Injuring or defiling a place of worship with intent to insult the religion of any class 296. Disturbing a religious assembly 297. Trespassing on burial places, etc. 298. Uttering words, etc., with deliberate intent to wound the religious feelings of any person 298A. Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religionChapter XVI: Offences Affecting the Human Body
Chapter XVII: Offences Against Property
Chapter XVIII: Offences Relating to Documents and to Currency Notes and Bank Notes
463. Forgery 464. Making a false document 465. Punishment for forgery 466. Forgery of a record of a Court, or public Register of Births, etc. 467. Forgery of a valuable security or will 468. Forgery for the purpose of cheating 469. Forgery for the purpose of harming the reputation of any person 470. “A forged document” 471. Using as genuine a forged document 472. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467 473. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise 474. Having possession of a valuable security or will know to be forged, with intent to use it as genuine 475. Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material 476. Counterfeiting a device or mark used for authenticating documents other than those described in section 467 or possessing counterfeit marked material 477. Fraudulent cancellation, destruction, etc., of a will 477A. Falsification of accounts (There are no ss. 478–489)Chapter XIX: Criminal Breach of Contracts of Service
490. (Deleted) 491. Breach of contract to attend on and supply the wants of helpless persons 492. (Deleted)Chapter XX: Offences Relating to Marriage
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 494. Marrying again during the lifetime of husband or wife 495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted 496. Marriage ceremony gone through with fraudulent intent without lawful marriage (There is no s. 497) 498. Enticing or taking away or detaining with a criminal intent a married womanChapter XXI: Defamation
499. Defamation 500. Punishment for defamation 501. Printing or engraving matter known to be defamatory 502. Sale of printed or engraved substance containing defamatory matterChapter XXII: Criminal Intimidation, Insult and Annoyance
503. Criminal intimidation 504. Intentional insult with intent to provoke a breach of the peace 505. Statements conducing to public mischief 506. Punishment for criminal intimidation 507. Criminal intimidation by an anonymous communication 508. Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure 509. Word or gesture intended to insult the modesty of a person 510. Misconduct in public by a drunken personChapter XXIII: Attempts to Commit Offences
511. Punishment for attempting to commit offences punishable with imprisonmentReferences
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