POLICE ACT 1967

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 344 POLICE ACT 1967 As at 10 May 2024 This text is ONLY AN UPDATED TEXT of the Police Act 1967 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 POLICE ACT 1967 First enacted … … … … 1967 (Act No. 41 of 1967) … … … … 1988 (Act 344 w.e.f. 6 October 1988) Latest amendment made by Act A1705 which came into operation on … … … 10 May 2024 Revised PREVIOUS REPRINTS First Reprint … … … … 2001 Second Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 344 POLICE ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application PART II INTERPRETATION 2. Interpretation PART III THE ROYAL MALAYSIA POLICE 3. Constitution of the Police Force 4. Control of the Force 5. Appointment of Inspector General, etc. 6. Control of Royal Malaysia Police in a State, etc. 6A. Honorary Commissioner-in-Chief 7. Employment of Force in time of emergency 4 Laws of Malaysia ACT 344 PART IV EXTRA POLICE OFFICERS AND WATCH CONSTABLES Section 8. Extra police officers 9. Watch constables PART V SERVICE OUTSIDE MALAYSIA AND SERVICE OF POLICE OF OTHER TERRITORIES IN MALAYSIA 10. The Yang di-Pertuan Agong may direct the Royal Malaysia Police to serve outside Malaysia 11. Officers serving outside Malaysia shall be subject to this Act 12. Reciprocal treatment PART VI APPOINTMENT, SERVICE, ETC. 13. Declaration by police officer on appointment 14. Certificate of appointment 15. Retirement or resignation in time of war or emergency 16. Resignation while pending disciplinary proceedings 17. Arms, accoutrements, etc., to be delivered up on ceasing to belong to the Force 18. Police officers subject to provisions applicable to public officers PART VII DUTIES AND POWERS OF POLICE OFFICERS 19. Police officer to be deemed on duty 20. General duties of police officers 21. Duty on public roads 22. Unclaimed property Police 5 Section 23. Unclaimed estates 24. Power of police officers to inspect licences, vehicles, etc. 25. Power to detain and search aircraft 26. Power to erect road barriers 27. (Deleted) 27A. (Deleted) 27B. (Deleted) 27C. (Deleted) 28. Power to regulate the playing of music in public places 29. Power to make rules and orders for the control of traffic 30. Power to make orders for the control of display of flags, etc. 31. Power to make orders to require persons to remain indoors 32. Non-liability for act done under authority of warrant 33. Exemption in respect of civil process PART VIII ROYAL MALAYSIA POLICE VOLUNTEER RESERVE 34. Establishment of Volunteer Reserve 35. Members of the Volunteer Reserve 36. Appointment of volunteer reserve police officers, etc. 37. Ranks of volunteers appointed into the Volunteer Reserve 38. Volunteer reserve officers may be required to resign 39. Declaration by volunteer reserve police officers 40. Certificate of appointment 41. Resignation 42. Pay and allowances 43. Mobilization of the Volunteer Reserve 44. Inspector General may employ volunteer reserve police officers on police duty 45. Power of volunteer reserve police officers 46. Reinstatement in civilian employment 6 Laws of Malaysia ACT 344 PART IX AUXILIARY POLICE Section 47. Appointment of auxiliary police officers 48. Declaration to be taken by auxiliary police officers 49. Certificate of appointment 49A. Pay and allowances 50. Duties and powers, etc. PART X ROYAL MALAYSIA POLICE RESERVE 51. Royal Malaysia Police Reserve 52. Liability to serve in the Reserve 53. Retired police officers not liable to serve may opt to serve 54. Period of service in the Reserve 55. Mobilization of the Reserve 56. Reservists to report 57. Powers of police officers when mobilized 58. Rank in the Reserve 59. Pay and allowance 60. Leave 61. Retention of pension 62. Release from the Reserve 63. Discharge from the Reserve and appeal 64. Termination of service during mobilization 65. Uniform and equipment 66. Reinstatement in civilian employment of police officers in the Reserve 67. Penalty Police 7 PART XI ROYAL MALAYSIA POLICE CADET CORPS Section 68. Establishment of Cadet Corps 69. Members of the Cadet Corps 70. Appointment, promotion and dismissal of Cadet Officers and Cadets 71. Resignation 72. Pay and allowances 73. Disbandment PART XII DISCIPLINE 74. Police officers subject to disciplinary regulations 74A. Power to investigate offences against discipline 75. Fines to be recovered by stoppage from pay 76. Full pay not to accrue during absence without leave or imprisonment 77. Loss of or damage to arms, equipment, etc., to be made good by stoppage from pay 78. Interdiction from duty 79. Departmental Committee of Enquiry into the death or injury of any police officer or into loss or damage of property 80. Power of senior police officer holding enquiry to summon witnesses PART XIII POLICE FUND 81. Police Funds 82. Police Funds and purposes of Fund 83. Transfer of funds 84. Interpretation 8 Laws of Malaysia ACT 344 PART XIV GENERAL Section 85. Carrying of arms 86. Desertion 87. Mutiny 88. Penalty for causing disaffection 89. Unlawful possession, manufacture, sale or supply of articles supplied to police officers and unauthorized use of police uniform 90. Disorderly conduct in police station 91. Police officer may arrest without warrant for offences under subsection 31(2), sections 86, 87, 89 and 90 92. Police officer not to be member of Trade Union 93. Police Associations 94. General penalty 95. Rules 96. Police Regulations 97. Standing Orders 98. Repeal and Saving 99. Transitional 100. Modification of other laws FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 9 LAWS OF MALAYSIA Act 344 POLICE ACT 1967 An Act relating to the organization, discipline, powers and duties of the Royal Malaysia Police and matters incidental thereto. [Throughout Malaysia—29 August 1967; P.U. 385A/1967 Federal Territory of Labuan see appendix] 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 application 1. (1) This Act may be cited as the Police Act 1967, and shall apply throughout Malaysia. (2) (Omitted). PART II INTERPRETATION Interpretation 2. (1) In this Act, unless the context otherwise requires― 10 Laws of Malaysia ACT 344 “ammunition” means ammunition for any arm, and includes grenades, bombs and other like missiles, whether capable of use with arms or not, and any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other thing; “arms” includes ammunition; “Chief Police Officer” means any police officer vested by the Inspector General with the control of the Royal Malaysia Police in respect of any area or State under section 6 and designated as such by the Inspector General; “Commanding Officer” means any police officer vested by the Inspector General with the control of the Royal Malaysia Police in respect of any State, area, place, formation or police district under section 6 and designated as such by the Inspector General; “Commissioner” means a Commissioner of Police appointed under section 5; “constable” means a police officer below the rank of Corporal and includes a Recruit; “Deputy Inspector General” means the Deputy Inspector General of Police appointed under section 5; “Inspector General” means the Inspector General of Police appointed under section 5; “junior police officer” means a police officer of any rank from and including a Sub-Inspector down to and including a Corporal; “police district” or “police division” means any area designated as such by the Inspector General under paragraph 6(b) and unless and until areas are so designated, means any area constituted or recognized as a police district or police division at the commencement of this Act; “police officer” means any member of the Royal Malaysia Police; Police 11 “senior police officer” means a police officer of any rank from and including the Inspector General down to and including an Inspector on probation. (2) Any reference in this Act and any other written law to a police officer of a certain rank shall include any police officer who is acting, or on probation or cadetship, in such rank and this subsection shall be deemed to have been an integral part of this Act as from the commencement of the Act. PART III THE ROYAL MALAYSIA POLICE Constitution of the Police Force 3. (1) All persons who are immediately before the commencement of this Act members of the Royal Malaysia Police established under the Royal Malaysia Police Act 1963 [Act 30 of 1963], shall upon the commencement of this Act, become members of the Royal Malaysia Police under this Act (hereinafter referred to as “the Force”) with corresponding ranks and in corresponding capacities. (2) Every person aforesaid shall be employed on the same terms and conditions as were applicable to them immediately before the commencement of this Act. (3) The Force shall subject to this Act be employed in and throughout Malaysia (including the territorial waters thereof) for the maintenance of law and order, the preservation of the peace and security of Malaysia, the prevention and detection of crime, the apprehension and prosecution of offenders and the collection of security intelligence. Control of the Force 4. (1) The Force shall be under the command of an Inspector General who shall be a police officer and shall be responsible to the Minister for the control and direction of the Force and all other persons appointed or 12 Laws of Malaysia ACT 344 engaged for police duties, and who shall have all the powers conferred on a Commissioner or a Chief Police Officer. (2) There shall be appointed a Deputy Inspector General who shall be a police officer and shall be under the direction of the Inspector General. (3) The Deputy Inspector General shall have all the powers conferred on a Commissioner or a Chief Police Officer. (4) Any act or thing which may be done, ordered or performed by the Inspector General under this or any other law may subject to his orders and direction, be done, ordered or performed by the Deputy Inspector General, a Commissioner, a Deputy Commissioner, a Senior Assistant Commissioner, or an Assistant Commissioner generally or specially authorized in that behalf by the Inspector General; and in the event of his absence from Malaysia or in his incapacity or when he is on leave, his functions under this or any other law may be discharged by the Deputy Inspector General or such other police officer not below the rank of Commissioner as may be authorized by the Yang di-Pertuan Agong. Appointment of Inspector General, etc. 5. (1) There shall be appointed an Inspector General, a Deputy Inspector General and such Commissioners and Deputy Commissioners and such senior police officers and junior police officers and constables as may be deemed necessary for the purpose of carrying out this Act. (2) The ranks of Senior Police Officers and Junior Police Officers are as set out in the First Schedule. Control of Royal Malaysia Police in a State, etc. 6. The members of the Force shall in relation to― Police 13 (a) any area or State as the Minister may determine, be controlled by a Commissioner or Chief Police Officer; and (b) any formation, police district or police division or area thereof or any place, be controlled by such police officer as the Inspector General may specify either by name or office. Honorary Commissioner-in-Chief 6A. The Yang di-Pertuan Agong shall be the Commis