PRISON ACT 1995

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 537 PRISON ACT 1995 As at 12 December 2025 This text is ONLY AN UPDATED TEXT of the Prison Act 1995 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 PRISON ACT 1995 Date of Royal Assent … … … 19 October 1995 Date of publication in the Gazette … … … 2 November 1995 Latest amendment made by Act A1189 which came into operation on … … … 12 December 2025 PREVIOUS REPRINTS First Reprint Second Reprint Third Reprint … … … … … … … … … … … … … … … 2002 2006 2009 3 LAWS OF MALAYSIA Act 537 PRISON ACT 1995 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II CONSTITUTION AND ADMINISTRATION 3. Power to declare prisons 4. Existing buildings declared prisons 5. Description of prison in writs, etc. 6. Appropriation of prisons to categories of prisoners 7. Appointment of lock-ups at police stations and court houses as places of detention 8. Temporary prisons 9. Administration of prisons PART III OFFICERS 10. Appointment of officers 11. Absence or incapacity of Commissioner General 12. Commissioner General’s Standing Orders 4 Laws of Malaysia ACT 537 Section 13. Duties of Commissioner General, State Prison Director and Officer in Charge 14. Medical Officer and Dental Officer for prisons 15. Duties of Medical Officer and Dental Officer 16. Terms and conditions of appointment 17. Duties of prison officers 18. Weapons, accoutrements, etc. 19. Service in Malaysia or on board vessel, aircraft, etc. 19A. Service outside Malaysia 20. Observance of written laws and lawful orders 21. Prison officers deemed public servants 22. Use of weapons 23. Prison officers to have powers of police officers 24. Assistance of the police in times of emergency 25. Prison officers not to be members of trade unions PART IV CUSTODY AND REMOVAL OF PRISONERS 26. Custody 27. Delivery of persons arrested on warrant 28. Delivery of persons on remand 29. Officer in Charge to detain persons committed 30. Production before the court 31. Power of Commissioner General to order production in certain cases 32. Removal and transfer of prisoners 33. Transfer of prisoners under sentence of death 34. Orders relating to transferred prisoners 35. Evidence 36. Mentally disordered prisoner 37. Illness of prisoner Prison Section 38. Return to prison 39. Liability for escape 40. Duty to assist in preventing escape 41. Special custody in hospital 42. Removal vessel 43. Release of prisoners on licence 44. Remission of sentence 45. Discharge of prisoners 46. Saving powers of the High Court PART IVA PAROLE 46A. Interpretation for purposes of Part IVA 46B. Establishment of Parole Board 46C. Powers of Parole Board 46D. Parolee subject to this Part 46E. Eligibility for parole 46F. Matters for Parole Board to take into account before making Parole Order 46G. Proceedings before Parole Board 46H. Decision of Parole Board 46I. Prisoner serving parole deemed to continue serving sentence 46J. Duties of parole officer 46K. Duties of parolee 46L. Change of parole district 46M. Suspension and revocation of Parole Order 46N. Effect of revocation of Parole Order 46O. Period while parolee is at large not to be reckoned as part of sentence 5 6 Laws of Malaysia ACT 537 PART IVB INTERNATIONAL TRANSER OF PRISONERS Section 46P. Application of this Part 46Q. Interpretation 46R. Commissioner General’s Standing Orders relating to transferred prisoners 46S. Remission of sentence for transferred prisoners 46T. Power of Parole Board relating to transferred prisoners 46U. Exemption of conditions for parole eligibility for transferred prisoners PART V EMPLOYMENT AND PRISON DISCIPLINE 47 Effect of sentence of imprisonment 48. Scheme for prisoners to engage in employment 49. Segregation of prisoners 50. Punishment of prison offences by Officer in Charge 51. Register of punishments 52. Prisoner may make his defence 53. Prosecution for offences PART VI OFFENCES 54. Offences concerning prison supplies 55. Payment of money forbidden 56. Delivery of uniform, etc., on leaving 57. Unlawful possession, sale or supply of articles supplied to prison officers, etc. 58. Smuggling of prohibited articles into prison 59. General penalty Prison PART VII PRISON OFFICERS’ REWARD FUND Section 60. Prison Officers’ Reward Fund 61. Application of Fund 62. Administration of Fund PART VIIA PRISON CADET 62A. Establishment of Prison Cadet 62B. Members of Prison Cadet PART VIII GENERAL 63. Prison officers subject to disciplinary regulations 64. Visiting Justices 65. Duties of Visiting Justices 66. Visits by Judges, Magistrates, etc. 67. Regulations 68. Repeal, saving and transitional provisions FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 7 9 LAWS OF MALAYSIA Act 537 PRISON ACT 1995 An Act to consolidate and amend the laws relating to prisons, prisoners and related matters. [18 January 1996, P.U. (B) 24/1996] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Prison Act 1995 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. (1) In this Act, unless the context otherwise requires— “prisoner” means a person, whether convicted or not, under confinement in a prison and in relation to a convicted prisoner, includes a prisoner released on parole; 10 Laws of Malaysia ACT 537 “psychiatric hospital” means an approved psychiatric hospital established under the Mental Health Act 2001 [Act 615]; “young prisoner” means a prisoner who is below twenty-one years of age; “prescribed restricted diet” means a scale of diet as may be prescribed from time to time for the purposes of section 50; “prescribed” means prescribed by or under this Act and where the authority is not specified, by the Minister; “registered dentist” means a dentist registered under the Dental Act 1971 [Act 51]; “Visiting Justice” means a member of the Board of Visiting Justices appointed under section 64; “sentence of imprisonment” means a sentence whether served in confinement in a prison or served on parole, and includes an original sentence passed by a court as well as a sentence awarded by way of commutation; “Committee” means the Prison Officers’ Reward Fund Committee established under section 62; “minor prison offence” and “aggravated prison offence” mean an offence committed by a prisoner against prison discipline and so specified in regulations made under this Act; *“Commissioner” means the Commissioner of Prison appointed under subsection 10(2); *NOTE—All references to the Director General of Prison and Deputy Director General of Prison in any written law or in any instrument, deed, title, document, bond, agreement and working arrangement subsisting immediately before the date of the coming into operation of this Prison Act (Amendment) 2008 [Act A1332], shall, on the date of the coming into operation of Act A1332, be construed as references to the Commissioner General of Prison and Commissioner of Prison respectively–see section 4 of Act A1332 and P.U. (B) 260/2008. Prison 11 *“Commissioner General” means the Commissioner General of Prison appointed under subsection 10(1); “Fund” means the Prison Officers’ Reward Fund established under section 60; “court” means a court established by or under Part IX of the Federal Constitution and shall include— (a) Syariah Courts; (b) Native Courts; and (c) Military Courts; “Minister” means the Minister charged with the responsibility for prisons; “prison officer” means a uniformed staff of the prison department from and including the rank of Commissioner General of Prison down to and including a Warder; “Medical Officer” and “Dental Officer” mean the Medical Officer or Dental Officer, as the case may be, appointed under section 14; “police officer” has the meaning assigned thereto under the Police Act 1967 [Act 344]; “Junior Prison Officer” means a prison officer of any rank from and including a Prison Sub Inspector down to and including a Warder; “Officer in Charge” means a prison officer not below the rank of Assistant Commissioner of Prison who is in charge of a prison; *NOTE—All references to the Director General of Prison and Deputy Director General of Prison in any written law or in any instrument, deed, title, document, bond, agreement and working arrangement subsisting immediately before the date of the coming into operation of this Prison Act (Amendment) 2008 [Act A1332], shall, on the date of the coming into operation of Act A1332, be construed as references to the Commissioner General of Prison and Commissioner of Prison respectively–see section 4 of Act A1332 and P.U. (B) 260/2008. 12 Laws of Malaysia ACT 537 “Registrar” includes the Chief Registrar, Deputy Registrar, Senior Assistant Registrar, Assistant Registrar, and the Registrar of the Subordinate Courts, as the case may require; “registered medical practitioner” means a medical practitioner provisionally registered under section 12 or fully registered under section 14 of the Medical Act 1971 [Act 50], as the case may be; “State Prison Director” means a prison officer at a particular State not below the rank of Assistant Commissioner of Prison; “prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison under section 3 and shall include the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners; “Commissioner General’s Standing Orders” means the Standing Orders issued from time to time by the Commissioner General; “competent authority” means any person or authority vested with the power to commit a person to prison under any written law; “weapon” means any staves, arms, ammunition, and includes any instrument as may be determined by the Commissioner General; “arm” has the meaning assigned thereto under the Arms Act 1960 [Act 206]; “Commission” means the Public Services Commission established under Article 139 of the Federal Constitution; “place of work” means a place where prisoners are required by the Commissioner General to work for purposes of rehabilitation of prisoners, such work being performed under the supervision of prison officers; “Deputy Commissioner General of Prison” means the Deputy Commissioner General of Prison appointed under subsection 10(2). Prison 13 (2) For the purpose of the definition of “young prisoner” in subsection (1), it shall include a prisoner who— (a) is not a young prisoner as defined under the Ordinances repealed by this Act; (b) is below twenty one years of age; and (c) is serving a term of imprisonment passed before the coming into force of this Act. PART II CONSTITUTION AND ADMINISTRATION Power to declare prisons 3. The Minister may, by notification in the Gazette, declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody and may in like manner declare that any such prison shall cease to be a prison for the purposes of this Act. Existing buildings declared prisons 4. Subject to any declaration made under this Act, the buildings which at the commencement of this Act are in use as prisons shall be deemed to be prisons within the meaning of this Act. Description of prison in writs, etc. 5. In