PENAL CODE

Penal Code LAWS OF MALAYSIA REPRINT Act 574 PENAL CODE As at 4 July 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 1 2 Act 574 Laws of Malaysia PENAL CODE First enacted … … … 1936 (F.M.S. Cap. 45) Revised … … … 1997 (Act 574 w.e.f. 7 August 1997) Latest amendment made by Act 846 which came into operation on … … … 4 July 2023 Previous Reprints First Reprint … … … 2002 Second Reprint … … … 2006 Third Reprint … … … 2009 Fourth Reprint … … … 2018 Penal Code 3 LAWS OF MALAYSIA Act 574 PENAL CODE ARRANGEMENT OF SECTIONS Chapter I PRELIMINARY Section 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 Code Chapter 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) 4 Laws of Malaysia Act 574 Section 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” Penal Code 5 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 are 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 offences Chapter 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 6 Laws of Malaysia Act 574 Section 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 harm Right of Private Defence 96. Nothing done in private defence is an offence 97. Right of private defence of the body and of property 98. Right of private defence against the act of a person of unsound mind 99. Acts against which there is no right of private defence 100. When the right of private defence of the body extends to causing death 101. When such right extends to causing any harm other than death 102. Commencement and continuance of the right of private defence of the body 103. When the right of private defence of property extends to causing death Penal Code 7 Section 104. When such right extends to causing any harm other than death 105. Commencement and continuance of the right of private defence of property 106. Right of private defence against a deadly assault when there is risk of harm to an innocent person Chapter 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 imprisonment Chapter Va CRIMINAL CONSPIRACY 120a. Definition of criminal conspiracy 120b. Punishment of criminal conspiracy 8 Laws of Malaysia Act 574 Chapter VI OFFENCES AGAINST THE STATE Section 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 Penal Code 9 Section 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 Chapter Chapter VIa OFFENCES RELATING TO TERRORISM 130b. Interpretation in relation to this Chapter Suppression of terrorist acts and support for terrorist acts 130c. Committing terrorist acts 130d. Providing devices to terrorist groups 130e. Recruiting persons to be members of terrorist groups or to participate in terrorist acts 130f. Providing training and instruction to terrorist groups and persons committing terrorist acts 130fa. Receiving training and instruction from terrorist groups and persons committing terrorist acts 130fb. Attendance at place used for terrorist training 130g. Inciting, promoting or soliciting property for the commission of terrorist acts 130h. Providing facilities in support of terrorist acts 130i. Directing activities of terrorist groups 130j. Soliciting or giving support to terrorist groups or for the commission of terrorist acts 10 Laws of Malaysia Act 574 Section 130ja. Travelling to, through or from Malaysia for the commission of terrorist acts in foreign country 130jb. Possession, etc. of items associated with terrorist groups or terrorist acts 130jc. Offence to build, etc. conveyance for use in terrorist acts 130jd. Preparation of terrorist acts 130k. Harbouring persons committing terrorist acts 130ka. Member of a terrorist group 130l. Criminal conspiracy 130m. Intentional omission to give information relating to terrorist acts Suppression of financing of terrorist acts 130n. Providing or collecting property for terrorist acts 130o. Providing services for terrorist purposes 130p. Arranging for retention or control of terrorist property 130q. Dealing with terrorist property 130qa. Accepting gratification to facilitate or enable terrorist acts 130r. Intentional omission to give information about terrorist property 130s. Intentional omission to give information relating to terrorism financing offence 130t. Offences by body corporate 130ta. Non-application of Offenders Compulsory Attendance Act 1954 and sections 173a, 293 and 294 of the Criminal Procedure Code Chapter VIb ORGANIZED CRIME 130u. Interpretation in relation to this Chapter 130v. Member of an organized criminal group 130w. Assisting an organized criminal group 130x. Harbouring member of an organized criminal group 130y. Consorting with an organized criminal group 130z. Recruiting persons to be members of an organized criminal group Penal Code 11 Section 130za. Participation in an organized criminal group 130zb. Accepting gratification to facilitate or enable organized criminal activity 130zc. Enhanced penalties for offences committed by an organized criminal group or member of an organized criminal group Chapter VII OFFENCES RELATING TO THE ARMED FORCES 131. Abetti