The Penal Code (Malay: Kanun Keseksaan lit. 'Canon of Punishment') is the primary law that codifies most criminal offences and procedures in Malaysia. Majority of criminal offences such as murder, theft, robbery, rape, forgery, rioting, terrorism and treason fall under the purview of this Code. The current form of Malaysian Penal Code was originated from the Federated Malay States Penal Code enacted in 1936, which has many similarities with the Indian Penal Code.
Contents
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 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)
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
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 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
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
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
Chapter 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 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
Chapter VIA: Offences Relating to Terrorism
130B. Interpretation in relation to this Chapter
Suppression of Terrorist Act and Support for Terrorist Act
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
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
Chapter VIB: Organised Crime
130U. Interpretation in relation to this Chapter
130V. Member of an organised criminal group
130W. Assisting an organised criminal group
130X. Harbouring member of an organised criminal group
130Y. Consorting with an organised criminal group
130Z. Recruiting persons to be members of an organised criminal group
130ZA. Participation in an organised criminal group
130ZB. Accepting gratification to facilitate or enable organised criminal activity
130ZC. Enhanced penalties for offences committed by an organised criminal group or member of an organised criminal group
Chapter VII: Offences Relating to the Armed Forces
131. Abetting mutiny, or attempting to seduce a soldier or sailor from his duty
132. Abetment of mutiny, if mutiny is committed in consequence thereof
133. Abetment of an assault by a soldier or sailor on his superior officer, when in the execution of his office
134. Abetment of such assault if the assault is committed
135. Abetment of the desertion of a soldier, sailor or airman
136. Harbouring a deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by a soldier, sailor or airman
139. Persons subject to Articles of War not punishable under this Code
140. Wearing the dress of a soldier, sailor or airman
140A. “Harbour”
140B. Application of Chapter VII
Chapter VIII: Offences against the Public Tranquillity
141. Unlawful assembly
142. Being a member of an unlawful assembly
143. Punishment
144. Possessing weapons or missiles at unlawful assemblies
145. Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse
146. Force used by one member in prosecution of common object
147. Punishment for rioting
148. Possessing weapons or missiles at riot
149. Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object
150. Hiring, or conniving at hiring, of persons to join an unlawful assembly
151. Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation, with intent to cause riot
153A. (Deleted)
154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit a riot is committed
Chapter IX: Offences by, or Relating to, Public Servants
161. Public servant taking a gratification, other than legal remuneration, in respect of an official act
162. Taking a gratification in order, by corrupt or illegal means, to influence a public servant
163. Taking a gratification, for the exercise of personal influence with a public servant
164. Punishment for abetment by public servant of the offences above defined
165. Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant
166. Public servant disobeying a direction of the law, with intent to cause injury to any person
167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. Wearing garb or carrying token used by public servant with fraudulent intent
Chapter X: Contempts of the Lawful Authority of Public Servants
172. Absconding to avoid service of summons or other proceeding from a public servant
173. Preventing service of summons or other proceeding, or preventing publication thereof
174. Non-attendance in obedience to an order from a public servant
175. Omission to produce a document to a public servant by a person legally bound to produce such document
176. Omission to give notice or information to a public servant by a person legally bound to give notice or information
177. Furnishing false information
178. Refusing oath when duly required to take oath by a public servant
179. Refusing to answer a public servant authorized to question
180. Refusing to sign statement
181. False statement on oath to public servant or person authorized to administer an oath
182. False information, with intent to cause a public servant to use his lawful power to the injury of another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of a public servant
Chapter XI: False Evidence and Offences against Public Justice
191. Giving false evidence
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of a capital offence
195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment
196. Using evidence known to be false
197. Issuing or signing a false certificate
198. Using as a true certificate one known to be false in a material point
199. False statement made in any declaration which is by law receivable as evidence
200. Using as true any such declaration known to be false
201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender
202. Intentional omission, by a person bound to inform, to give information of an offence
203. Giving false information respecting an offence committed
203A. Disclosure of information
204. Destruction of document to prevent its production as evidence
Chapter XII: Offences Relating to Coin and Government Stamps
230. Interpretation
231. (Deleted)
232. Counterfeiting coin
233. (Deleted)
234. Making or selling instrument for counterfeiting coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin
236. Abetting in Malaysia the counterfeiting out of Malaysia of coin
237. (Deleted)
238. Import or export of counterfeit coin
239. (Deleted)
240. Delivery of coin, possessed with the knowledge that it is counterfeit
241. Delivery to another of coin as genuine, which when first possessed the deliverer did not know to be counterfeit
242. (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 coin
248. (Deleted)
249. Altering appearance of coin with intent that it shall pass as a coin of a different description
Chapter XIII: Offences Relating to Weights and Measures
264. Fraudulent use of false instrument for weighing
265. Fraudulent use of false weight or measure
266. Being in possession of false weights or measures
267. Making or selling false weights or measures
Chapter XIV: Offences Affecting the Public Health, Safety, Convenience, Decency and Morals
268. Public nuisance
269. Negligent act likely to spread infection of any disease dangerous to life
270. Malignant act likely to spread infection of any disease dangerous to life
271. Disobedience to a quarantine rule
272. Adulteration of food or drink which is intended for sale
273. Sale of noxious food or drink
274. Adulteration of drugs
275. Sale of adulterated drugs
276. Sale of any drug as a different drug or preparation
277. Fouling the water of a public spring or reservoir
278. Making atmosphere noxious to health
279. Rash driving or riding on a public way
280. Rash navigation of a vessel
281. Exhibition of a false light, mark or buoy
282. Conveying person by water for hire in a vessel overloaded or unsafe
283. Danger or obstruction in a public way or navigation
284. Negligent conduct with respect to any poisonous substance
Chapter XV: Offences Relating to Religion
295. Injuring or defiling a place of worship with intent to insult the religion of any class
296. Disturbing a religious assembly
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound the religious feelings of any person
298A. Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion
Chapter XVI: Offences Affecting the Human Body
Offences Affecting Life
299. Culpable homicide
300. Murder
301. Culpable homicide by causing the death of a person other than the person whose death was intended
302. Punishment for murder
(There is no s. 303)
304. Punishment for culpable homicide not amounting to murder
304A. Causing death by negligence
305. Abetment of suicide of child or insane person
306. Abetment of suicide
307. Attempt to murder
308. Attempt to commit culpable homicide
309. Attempt to commit suicide
309A. Infanticide
309B. Punishment for infanticide
(There are no ss. 310–311)
Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births
312. Causing miscarriage
313. Causing miscarriage without woman’s consent
314. Death caused by act done with intent to cause miscarriage. If act done without woman’s consent
Chapter XVII: Offences Against Property
Theft
378. Theft
379. Punishment for theft
379A. Punishment for theft of a motor vehicle
380. Theft in dwelling house, etc.
381. Theft by clerk or servant of property in possession of master
382. Theft after preparation made for causing death or hurt in order to commit the theft
382A. Persons convicted of an offence against section 379, 380 or 382 committing subsequent offence against such sections
Extortion
383. Extortion
384. Punishment for extortion
385. Putting person in fear of injury in order to commit extortion
386. Extortion by putting a person in fear of death or grievous hurt
387. Putting person in fear of death or of grievous hurt in order to commit extortion
388. Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
389. Putting person in fear of accusation of offence, in order to commit extortion
Robbery and Gang-Robbery
390. Robbery
Chapter XVIII: Offences Relating to Documents and to Currency Notes and Bank Notes
463. Forgery
464. Making a false document
465. Punishment for forgery
466. Forgery of a record of a Court, or public Register of Births, etc.
467. Forgery of a valuable security or will
468. Forgery for the purpose of cheating
469. Forgery for the purpose of harming the reputation of any person
470. “A forged document”
471. Using as genuine a forged document
472. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable under section 467
473. Making or possessing a counterfeit seal, plate, etc., with intent to commit a forgery punishable otherwise
474. Having possession of a valuable security or will know to be forged, with intent to use it as genuine
475. Counterfeiting a device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material
476. Counterfeiting a device or mark used for authenticating documents other than those described in section 467 or possessing counterfeit marked material
477. Fraudulent cancellation, destruction, etc., of a will
Chapter XIX: Criminal Breach of Contracts of Service
490. (Deleted)
491. Breach of contract to attend on and supply the wants of helpless persons
492. (Deleted)
Chapter XX: Offences Relating to Marriage
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
494. Marrying again during the lifetime of husband or wife
495. Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted
496. 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 woman
Chapter XXI: Defamation
499. Defamation
500. Punishment for defamation
501. Printing or engraving matter known to be defamatory
502. Sale of printed or engraved substance containing defamatory matter
Chapter XXII: Criminal Intimidation, Insult and Annoyance
503. Criminal intimidation
504. Intentional insult with intent to provoke a breach of the peace
505. Statements conducing to public mischief
506. Punishment for criminal intimidation
507. Criminal intimidation by an anonymous communication
508. Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure
509. Word or gesture intended to insult the modesty of a person
510. Misconduct in public by a drunken person
Chapter XXIII: Attempts to Commit Offences
511. Punishment for attempting to commit offences punishable with imprisonment