Citation Act 574 | ||
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 title2. Punishment of offences committed within Malaysia3. Punishment of offences committed beyond, but which by law may be tried within Malaysia4. Extension of Code to extraterritorial offences5. Certain laws not to be affected by this CodeChapter II: General Explanations
6. Definitions in the Code to be understood subject to exceptions7. Expression once explained is used in the same sense throughout the Code8. “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 omissions33. “Act” and “omission”34. Each of several persons liable for an act done by all, in like manner as if done by him alone35. When such an act is criminal by reason of its being done with a criminal knowledge or intention36. Effect caused partly by act and partly by omission37. Cooperation by doing one of several acts constituting an offence38. Several persons engaged in the commission of a criminal act, may be guilty of different offences39. “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 offences72. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which73–74. (Deleted)75. Punishment of persons convicted, after a previous conviction of an offence punishable with three years’ imprisonment75A. 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 law77. Act of Judge when acting judicially78. Act done pursuant to the judgment or order of a Court79. Act done by a person justified, or by mistake of fact believing himself justified by law80. Accident in the doing of a lawful act81. Act likely to cause harm but done without a criminal intent, and to prevent other harm82. Act of a child under 10 years of age83. Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity of understanding84. Act of a person of unsound mind85. Intoxication when a defence86. Effect of defence of intoxication when established87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent88. Act not intended to cause death, done by consent in good faith for the benefit of a person89. Act done in good faith for the benefit of a child or person of unsound mind, by or by consent of guardian90. Consent known to be given under fear or misconception and consent of a child or person of unsound mind91. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in sections 87, 88 and 8992. Act done in good faith for the benefit of a person without consent93. Communication made in good faith94. Act to which a person is compelled by threats95. Act causing slight harmChapter V: Abetment
107. Abetment of a thing108. Abettor108A. Abetment in Malaysia of offences outside Malaysia109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment110. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor111. Liability of abettor when one act is abetted and a different act is done112. Abettor, when liable to cumulative punishment for act abetted and for act done113. Liability of abettor for an offence caused by the act abetted different from that intended by the abettor114. Abettor present when offence committed115. Abetment of an offence punishable with death or imprisonment for life116. Abetment of an offence punishable with imprisonment117. Abetting the commission of an offence by the public, or by more than ten persons118. Concealing a design to commit an offence punishable with death or imprisonment for life119. A public servant concealing a design to commit an offence which it is his duty to prevent120. Concealing a design to commit an offence punishable with imprisonmentChapter VA: Criminal Conspiracy
120A. Definition of criminal conspiracy120B. 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 Negeri121A. Offences against the person of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri121B. Offences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri121C. Abetting offences under section 121A or 121B121D. Intentional omission to give information of offences against section 121, 121A, 121B or 121C by a person bound to inform122. Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri123. Concealing with intent to facilitate a design to wage war124. Assaulting Member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power124A. (Deleted)124B. Activity detrimental to parliamentary democracy124C. Attempt to commit activity detrimental to parliamentary democracy124D. Printing, sale, etc., of documents and publication detrimental to parliamentary democracy124E. Possession of documents and publication detrimental to parliamentary democracy124F. Importation of document and publication detrimental to parliamentary democracy124G. Posting of placards, etc.124H. Dissemination of information124I. Dissemination of false reports124J. Receipt of document and publication detrimental to parliamentary democracy124K. Sabotage124L. Attempt to commit sabotage124M. Espionage124N. Attempt to commit espionage125. Waging war against any power in alliance with the Yang di-Pertuan Agong125A. 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 Agong126. Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong127. Receiving property taken by war or depredation mentioned in sections 125 and 126128. Public servant voluntarily allowing prisoner of State or war in his custody to escape129. Public servant negligently suffering prisoner of State or war in his custody to escape130. Aiding escape of, rescuing, or harbouring such prisoner130A. 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 Chapter130V. Member of an organised criminal group130W. Assisting an organised criminal group130X. Harbouring member of an organised criminal group130Y. Consorting with an organised criminal group130Z. Recruiting persons to be members of an organised criminal group130ZA. Participation in an organised criminal group130ZB. Accepting gratification to facilitate or enable organised criminal activity130ZC. 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 duty132. Abetment of mutiny, if mutiny is committed in consequence thereof133. Abetment of an assault by a soldier or sailor on his superior officer, when in the execution of his office134. Abetment of such assault if the assault is committed135. Abetment of the desertion of a soldier, sailor or airman136. Harbouring a deserter137. Deserter concealed on board merchant vessel through negligence of master138. Abetment of act of insubordination by a soldier, sailor or airman139. Persons subject to Articles of War not punishable under this Code140. Wearing the dress of a soldier, sailor or airman140A. “Harbour”140B. Application of Chapter VIIChapter VIII: Offences against the Public Tranquillity
141. Unlawful assembly142. Being a member of an unlawful assembly143. Punishment144. Possessing weapons or missiles at unlawful assemblies145. Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse146. Force used by one member in prosecution of common object147. Punishment for rioting148. Possessing weapons or missiles at riot149. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object150. Hiring, or conniving at hiring, of persons to join an unlawful assembly151. Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse152. Assaulting or obstructing public servant when suppressing riot, etc.153. Wantonly giving provocation, with intent to cause riot153A. (Deleted)154. Owner or occupier of land on which an unlawful assembly is held155. Liability of person for whose benefit a riot is committed156. Liability of agent of owner or occupier for whose benefit a riot is committed157. Harbouring persons hired for an unlawful assembly158. Being hired to take part in an unlawful assembly or riot, or to go armed159. Affray160. 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 act162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant163. Taking a gratification, for the exercise of personal influence with a public servant164. Punishment for abetment by public servant of the offences above defined165. Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant166. Public servant disobeying a direction of the law, with intent to cause injury to any person167. Public servant framing an incorrect document with intent to cause injury168. Public servant unlawfully engaging in trade169. Public servant unlawfully buying or bidding for property170. Personating a public servant171. 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 servant173. Preventing service of summons or other proceeding, or preventing publication thereof174. Non-attendance in obedience to an order from a public servant175. Omission to produce a document to a public servant by a person legally bound to produce such document176. Omission to give notice or information to a public servant by a person legally bound to give notice or information177. Furnishing false information178. Refusing oath when duly required to take oath by a public servant179. Refusing to answer a public servant authorized to question180. Refusing to sign statement181. False statement on oath to public servant or person authorized to administer an oath182. False information, with intent to cause a public servant to use his lawful power to the injury of another person183. Resistance to the taking of property by the lawful authority of a public servant184. Obstructing sale of property offered for sale by authority of a public servant185. Illegal purchase or bid for property offered for sale by authority of a public servant186. Obstructing public servant in discharge of his public functions187. Omission to assist public servant when bound by law to give assistance188. Disobedience to an order duly promulgated by a public servant189. Threat of injury to a public servant190. 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 evidence192. Fabricating false evidence193. Punishment for false evidence194. Giving or fabricating false evidence with intent to procure conviction of a capital offence195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment196. Using evidence known to be false197. Issuing or signing a false certificate198. Using as a true certificate one known to be false in a material point199. False statement made in any declaration which is by law receivable as evidence200. Using as true any such declaration known to be false201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender202. Intentional omission, by a person bound to inform, to give information of an offence203. Giving false information respecting an offence committed203A. Disclosure of information204. Destruction of document to prevent its production as evidence205. False personation for the purpose of any act or proceeding in a suit206. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree207. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree208. Fraudulently suffering a decree for a sum not due209. Dishonestly making a false claim before a Court210. Fraudulently obtaining a decree for a sum not due211. False charge of offence made with intent to injure212. Harbouring an offender213. Taking gifts, etc., to screen an offender from punishment214. Offering gift or restoration of property in consideration of screening offender215. Taking gift to help to recover stolen property, etc.216. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered216A. 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 forfeiture218. Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture219. Public servant in a judicial proceeding corruptly making an order, report, etc., which he knows to be contrary to law220. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law221. Intentional omission to apprehend on the part of a public servant bound by law to apprehend222. Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court223. 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 apprehension225. Resistance or obstruction to the lawful apprehension of another person225A. Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for225B. Offences against laws of Malaysia where no special punishment is provided226. (Deleted)227. Violation of condition of remission of punishment228. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding229. Personation of a juror or assessorChapter XII: Offences Relating to Coin and Government Stamps
230. Interpretation231. (Deleted)232. Counterfeiting coin233. (Deleted)234. Making or selling instrument for counterfeiting coin235. Possession of instrument or material for the purpose of using the same for counterfeiting coin236. Abetting in Malaysia the counterfeiting out of Malaysia of coin237. (Deleted)238. Import or export of counterfeit coin239. (Deleted)240. Delivery of coin, possessed with the knowledge that it is counterfeit241. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit242. (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 coin248. (Deleted)249. Altering appearance of coin with intent that it shall pass as a coin of a different description250. (Deleted)251. Delivery of coin, possessed with the knowledge that it is altered252. (Deleted)253. Possession of coin by a person who knew it to be altered when he became possessed thereof254. Delivery to another of coin as genuine, which when first possessed, the deliverer did not know to be altered255. Counterfeiting a Government stamp256. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp257. Making or selling an instrument for the purpose of counterfeiting a Government stamp258. Sale of counterfeit Government stamp259. Having possession of a counterfeit Government stamp260. Using as genuine a Government stamp known to be counterfeit261. 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 Government262. Using a Government stamp known to have been before used263. Erasure of mark denoting that stamp has been usedChapter XIII: Offences Relating to Weights and Measures
264. Fraudulent use of false instrument for weighing265. Fraudulent use of false weight or measure266. Being in possession of false weights or measures267. Making or selling false weights or measuresChapter XIV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
268. Public nuisance269. Negligent act likely to spread infection of any disease dangerous to life270. Malignant act likely to spread infection of any disease dangerous to life271. Disobedience to a quarantine rule272. Adulteration of food or drink which is intended for sale273. Sale of noxious food or drink274. Adulteration of drugs275. Sale of adulterated drugs276. Sale of any drug as a different drug or preparation277. Fouling the water of a public spring or reservoir278. Making atmosphere noxious to health279. Rash driving or riding on a public way280. Rash navigation of a vessel281. Exhibition of a false light, mark or buoy282. Conveying person by water for hire in a vessel overloaded or unsafe283. Danger or obstruction in a public way or navigation284. Negligent conduct with respect to any poisonous substance285. Negligent conduct with respect to any fire or combustible matter286. Negligent conduct with respect to any explosive substance287. Negligent conduct with respect to any machinery in the possession or under the charge of the offender288. Negligence with respect to pulling down or repairing buildings289. Negligence with respect to any animal290. Punishment for public nuisance291. Continuance of nuisance after injunction to discontinue292. Sale, etc., of obscene books, etc.293. Sale, etc., of obscene objects to young person294. Obscene songsChapter XV: Offences Relating to Religion
295. Injuring or defiling a place of worship with intent to insult the religion of any class296. Disturbing a religious assembly297. Trespassing on burial places, etc.298. Uttering words, etc., with deliberate intent to wound the religious feelings of any person298A. 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. Forgery464. Making a false document465. Punishment for forgery466. Forgery of a record of a Court, or public Register of Births, etc.467. Forgery of a valuable security or will468. Forgery for the purpose of cheating469. Forgery for the purpose of harming the reputation of any person470. “A forged document”471. Using as genuine a forged document472. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467473. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise474. Having possession of a valuable security or will know to be forged, with intent to use it as genuine475. Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material476. Counterfeiting a device or mark used for authenticating documents other than those described in section 467 or possessing counterfeit marked material477. Fraudulent cancellation, destruction, etc., of a will477A. 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 persons492. (Deleted)Chapter XX: Offences Relating to Marriage
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage494. Marrying again during the lifetime of husband or wife495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted496. 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. Defamation500. Punishment for defamation501. Printing or engraving matter known to be defamatory502. Sale of printed or engraved substance containing defamatory matterChapter XXII: Criminal Intimidation, Insult and Annoyance
503. Criminal intimidation504. Intentional insult with intent to provoke a breach of the peace505. Statements conducing to public mischief506. Punishment for criminal intimidation507. Criminal intimidation by an anonymous communication508. Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure509. Word or gesture intended to insult the modesty of a person510. 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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