ARMED FORCES ACT 1972

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 77 ARMED FORCES ACT 1972 As at 15 July 2022 This text is ONLY AN UPDATED TEXT of the Armed Forces Act 1972 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 ARMED FORCES ACT 1972 … … … … 28 April 1972 Date of Royal Assent Date of publication in the Gazette … … … … 4 May 1972 English text authoritative to be … … … … P.U. (B) 272/1976 Latest amendment made by Act A1492 which came into operation on … … … … 18 January 2016 PREVIOUS REPRINTS First Reprint … … … … … 1993 Second Reprint … … … … … 1999 Third Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 77 ARMED FORCES ACT 1972 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Provisions as to active service PART II THE REGULAR FORCES OF MALAYSIA 4. Raising of regular forces 5. Composition of regular forces 5A. Service outside Malaysia 5B. Attachment of officer or serviceman to forces in and outside Malaysia 5C. Secondment of officer or serviceman 5D . Operational use PART III COMMISSIONING AND APPOINTMENT OF OFFICERS OF THE REGULAR FORCES 6. Commissioning of officers 7. Types of commissions 4 Laws of Malaysia ACT 77 Section 8. Honorary commissions 9. Cancellation of commissions 10. Appointment of midshipman and officer cadets 10A. Officer cadet may purchase discharge 11. Cancellation of appointments 12. Promotion 13. Transfer from one Service to another or within the same Service 14. Attachment of officers 15. Regulations governing commissioning, etc., of officers PART IV ENLISTMENT AND TERMS OF SERVICE FOR THE REGULAR FORCES 16. Who may be enlisted 17. Recruiting Authorities 18. Mode of enlistment and attestation 19. False answers in attestation papers 20. Unlawful recruiting or interference with recruiting 21. Enlistment in the Army to be in a particular corps 22. Transfer from one Service to another 23. Attachment of servicemen 24. Terms of enlistment 24A. Non-application of sections 24, 25 and 26 24B. Terms of enlistment of servicemen enlisting on or after the appointed date 25. Extension and reduction of service 25A. Extension of service of servicemen enlisting on or after the appointed date 26. Re-engagement of servicemen 26A. Re-engagement of servicemen enlisting on or after the appointed date 26B. No extension or re-engagement beyond fifty-five years 26C. Service in the reserve for servicemen Armed Forces 5 Section 27. Postponement in certain cases of discharge or transfer to the reserve 28. Discharge 29. Transfer to the reserve 30. Postponement of discharge or transfer to the reserve pending proceedings for offences 31. Recruit may purchase discharge 32. Right of warrant officer to discharge on reduction to the ranks 33. Discharge of servicemen of unsound mind 34. Rules for reckoning service 35. Validity of attestation, enlistment and re-engagement 36. Regulations as to enlistment 37. Interpretation of Part IV PART V SERVICE OFFENCES AND PUNISHMENTS Offences in Respect of Military Service 38. Aiding the enemy 39. Misconduct by commanders when in action 40. Misconduct by other persons in operations against the enemy 41. Communication with the enemy 42. Offences against morale 43. Becoming prisoner of war through disobedience or wilful neglect; and failure to rejoin forces 44. Offences by or in relation to sentries, etc. 45. Offences relating to supplies 46. Looting Mutiny and Insubordination 47. Mutiny 48. Failure to suppress mutiny 6 Laws of Malaysia ACT 77 Section 49. Insubordinate behavior 50. Disobedience to superior officer 51. Disobedience to standing orders 52. Obstruction of provost officers 53. Obstruction of police officer arresting a member of the armed forces Avoidance of or Failure to Perform Military Duties 54. Desertion 55. Absence without leave 56. Assisting and concealing desertion and absence without leave 57. False statements in respect of leave 58. Failure to attend parades or to perform duties 59. Malingering 60. Drunkenness Offences Relating to Property 61. Offences in relation to public and service property 62. Offences in relation to property of members of the armed forces 63. Miscellaneous offences relating to property Offences Relating to, and by, Persons in Custody 64. Irregular arrest and confinement 65. Permitting escape, and unlawful release of prisoners 66. Resistance to arrest 67. Escape from lawful custody Navigation and Flying Offences 68. Loss or hazarding of ships or aircraft 69. Dangerous flying, etc. 70. Low flying Armed Forces Section 71. Annoyance by flying 72. Inaccurate certification 73. Prize offences by commanding officers 74. Other prize offences Offences Relating to Service Tribunals 75. Offences in relation to courts-martial 76. False evidence Miscellaneous Offences 77. Falsifying service documents 78. False accusations, etc. 79. Unauthorized disclosure of information 80. Attempting to commit suicide 81. Ill-treatment of officers or servicemen of inferior rank 82. Unlawful detention of pay 83. Disgraceful conduct 84. Improper carriage of goods 85. Scandalous conduct of officers 86. Attempts to commit offences against this Act 87. Conduct to the prejudice of service discipline 88. Civil offences Punishments 89. Punishment of officers 90. Punishment of servicemen 91. Provisions as to fines 92. Field punishment 7 8 Laws of Malaysia ACT 77 Arrest Section 93. Arrest 94. Provisions for avoiding delay after arrest 94A. Chief Provost Marshal 94B. Provost Marshal and provost officers 94C. Appointment or authorization of other investigating officers 94D. Validation Summary Disposal of Charges 95. Investigation of charges by commanding officers 96. Charges to be dealt with summarily or by court-martial 97. Further proceedings on charges against an appointed officer, servicemen and volunteers below the rank of warrant officer 98. Further proceedings on charges against commissioned officers and warrant officers 99. Dismissal of charges referred to higher authority 100. Confession of desertion by a serviceman 101. Officers who are to act as commanding officers and appropriate superior authority 102. Limitation of powers of summarily dealing with charges Courts-Martial: General Provisions 103. Jurisdiction and powers of a court-martial 104. Convening Authorities 105. Constitution of courts-martial 106. Supplementary provisions as to constitution of courts-martial 107. Place for sittings of courts-martial and adjournment to other places Courts-Martial—Provision relating to trial 108. Challenges by an accused 109. Administration of oaths Armed Forces Section 110. Courts-martial to sit in open court 111. Dissolution of courts-martial 112. Decisions of courts-martial 113. Finding and sentence 114. Power to convict of offence other than that charged 115. Rules of evidence 116. Privilege of witnesses and others at courts-martial 117. Offences by civilians in relation to courts-martial 118. Affirmations Procedure 119. Rules of Procedure 120. Rules as to exercise of functions of judge advocate 121. Taking of offences into consideration Confirmation, Revision and Review of Proceedings of Courts-Martial 122. Confirmation of proceedings of courts-martial 123. Petition against findings or sentences 124. Revision of findings of courts-martial 125. Powers of confirming officers 126. Confirming officers 127. Approval as well as confirmation required for certain death sentences 128. Review of findings and sentences of courts-martial 129. Reconsideration of sentences of imprisonment and detention Review of Summary Findings and Awards 130. Review of summary findings and awards 9 10 Laws of Malaysia ACT 77 Findings of Insanity Section 131. Provisions where accused found insane Savings for Functions of Judge Advocate General 132. Savings for functions of Judge Advocate General Commencement, Suspension and Duration of Sentences 133. Commencement of sentences 134. Duration of sentences of imprisonment and detention 135. Suspension of sentences Execution of Sentences of Death, Imprisonment and Detention 136. Execution of sentences of death 137. Imprisonment and Detention Rules 138. Special provisions as to civil prisons in the Federation 139. Special provisions as to the carrying out or serving of sentences outside the Federation otherwise than in service prisons or detention barracks 140. Country in which sentence of imprisonment or detention to be served 141. Temporary reception in civil custody of persons under arrest 142. Duties of superintendents of prisons and others to receive prisoners Trial of Persons Ceasing to be Subject to Service Law and Time Limits for Trials 143. Trial and punishment of offences under service law notwithstanding offender ceasing to be subject to service law 144. Limitation of time for trial of offences under service law Relations between Service Law and Civil Courts and Finality of Trials 145. Jurisdiction of civil courts 146. Persons not to be tried under this Act for offences already disposed of Armed Forces 11 Inquiries Section 147. Boards of inquiry 148. Inquiries into absence Miscellaneous Provisions 149. Restitution or compensation for theft, etc. 150. Appointment of Judge Advocate General 151. Appointment of judge advocates 152. Promulgation 153. Custody of proceedings of courts-martial and right of accused to a copy thereof 154. Indemnity for prisons officers, etc. 155. Power of Armed Forces Council to make regulations under this Part Interpretation 156. Interpretation PART VI PAY, FORFEITURES AND DEDUCTIONS 157. Power of the Armed Forces Council to make Pay and Allowances Regulations 158. Forfeitures and deductions: general provisions 159. Forfeiture for absence from duty 160. Deductions for payment of civil penalties 161. Compensation for loss occasioned by wrongful acts or negligence 162. Deductions for barrack damage 163. Remission of forfeitures and deductions 164. Enforcement of maintenance and affiliation orders by deduction from pay 165. Deductions from pay for maintenance of wife or child 166. Limit of deductions under sections 164 and 165 and effect of forfeiture 12 Laws of Malaysia ACT 77 Section 167. Service of process in maintenance proceedings PART VII GENERAL PROVISIONS Powers of Command 168. Powers of command 169. Powers of command when portions of different Services are serving together Redress of Complaints 170. Complaints by officers 171. Complaints by servicemen Provisions as to Ships under Convoy 172. Ships under convoy Provisions as to Salvage 173. Salvage by His Majesty’s ships or aircraft Provisions relating to Deserters and Absentees without Leave 174. Arrest of deserters and absentees without leave 175. Proceedings before a civil court where persons suspected of illegal absence 176. Deserters and absentees without leave surrendering to police 177. Certificates of arrest or surrender of deserters and absentees 178. Duties of superintendent of prisons and others to receive deserters and absentees without leave Offences relating to the Armed Forces punishable by Civil Courts 179. Punishment for pretending to be a deserter Armed Forces 13 Section 180. Punishment for obstructing members of regular forces in execution of duty Provisions as to Evidence 181. General provisions as to evidence 182. Proof of outcome of civil trial 183. Evidence of proceedings of courts-martial Miscellaneous Provisions 184. Restrictions on reductio