Penal Code | |
---|---|
| |
Citation | Act 574 |
Territorial extent | Malaysia |
Enacted | 1936 (F. M. S. Cap. 45) Revised: 1997 (Act 574 w.e.f. 7 August 1997) |
Effective | Throughout Malaysia—31 March 1976, Act A327, P.U. (B) 139/1976 |
Amended by | |
Revised Edition of the Laws (Operation) Enactment 1936 [F.M.S. En. 1/1936] Penal Code (Amendment) Enactment 1936 [F.M.S. En. 41/1936] Penal Code (Amendment) Enactment 1937 [F.M.S. En. 11/1937] Statute Law Revision (Chief Secretary's Powers) Enactment 1937 [F.M.S. En. 18/1937] Statute Law Revision (General Amendments) Enactment 1938 [F.M.S. En. 3/1938] Penal Code (Amendment) Enactment 1938 [F.M.S. En. 30/1938] Notification under the Statute Law Revision (General Amendments) Enactment 1938 [F.M.S. G.N. 940/1939] Notification under the Statute Law Revision (General Amendments) Enactment 1938 [F.M.S. G.N. 1702/1939] Sedition Enactment 1939 [F.M.S. En. 13/1939] Transfer of Powers Ordinance 1948 [F.M. Ord. 1/1948] Penal Code (Amendment and Extended Application) Ordinance 1948 [F.M. Ord. 32/1948] Criminal Justice Ordinance 1953 [F.M. Ord. 14/1953] Penal Code (Amendment) Ordinance 1957 [F.M. Ord. 25/1957] Federal Constitution (Modification of Laws) Order 1957 [L.N. (N.S.) 1/1957] Corrigendum to Federal Constitution (Modification of Laws) Order 1957 [L.N. (N.S.) 9/1957] Corrigendum to Federal Constitution (Modification of Laws) Order 1957 [L.N. (N.S.) 56/1957] Banishment Ordinance 1959 [Ord. 11/1959] Kidnapping Act 1961 [Act 41/1961] Courts of Judicature Act 1964 [Act 7/1964] Penal Code (Amendment) Act 1965 [Act 24/1965] Penal Code (Amendment) Act 1965 [Act 1/1966] Penal Code (Amendment) Act 1967 [Act 39/1967] Penal Code (Amendment and Extension) Act 1976 [Act A327] Constitution (Amendment) Act 1976 [Act A354] Penal Code (Amendment) Act 1982 [Act A538] Penal Code and Criminal Procedure Code (Amendment) Act 1983 [Act A549] Penal Code (Amendment) Act 1985 [Act A614] Penal Code (Amendment) Act 1986 [Act A651] Penal Code (Amendment) Act 1989 [Act A727] Penal Code (Amendment) Act 1993 [Act A860] Penal Code (Amendment) Act 2001 [Act A1131] Penal Code (Amendment) Act 2003 [Act A1210] Penal Code (Amendment) Act 2006 [Act A1273] Penal Code (Amendment) Act 2007 [Act A1303] Penal Code (Amendment) Act 2012 [Act A1430] Penal Code (Amendment) Act 2014 [Act A1471] Penal Code (Amendment) Act 2015 [Act A1483] Penal Code (Amendment) Act 2015 [Act A1483] Penal Code (Amendment) Act 2023 [Act A1681] Penal Code (Amendment) (No. 2) Act 2023 [Act A1691] | |
Keywords | |
Criminal code, criminal offence | |
Status: In force |
The Penal Code (Malay: Kanun Keseksaan) is a law that codifies most criminal offences and procedures in Malaysia. Its official long title is "An Act relating to criminal offences" [Throughout Malaysia—31 March 1976, Act A327; P.U. (B) 139/1976]. The sole jurisdiction of Parliament of Malaysia is established over criminal law in Malaysia.
Structure
[edit]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
[edit]- 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
[edit]- 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
- 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”
- 51. “Oath”
- 52. “Good faith”
- 52A. “Non-serious offence”
- 52B. “Serious offence”
Chapter III: Punishments
[edit]- 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
[edit]- 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
- 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
- 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
[edit]- 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
[edit]- 120A. Definition of criminal conspiracy
- 120B. Punishment of criminal conspiracy
Chapter VI: Offences against the State
[edit]- 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
- 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
[edit]- 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
- 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: Organised Crime
[edit]- 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
[edit]- 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
[edit]- 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
- 156. Liability of agent of owner or occupier for whose benefit a riot is committed
- 157. Harbouring persons hired for an unlawful assembly
- 158. Being hired to take part in an unlawful assembly or riot, or to go armed
- 159. Affray
- 160. Punishment for committing affray
Chapter IX: Offences by, or Relating to, Public Servants
[edit]- 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
[edit]- 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
- 185. Illegal purchase or bid for property offered for sale by authority of a public servant
- 186. Obstructing public servant in discharge of his public functions
- 187. Omission to assist public servant when bound by law to give assistance
- 188. Disobedience to an order duly promulgated by a public servant
- 189. Threat of injury to a public servant
- 190. Threat of injury to induce any person to refrain from applying for protection to a public servant
Chapter XI: False Evidence and Offences against Public Justice
[edit]- 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
- 205. False personation for the purpose of any act or proceeding in a suit
- 206. Fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree
- 207. Fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree
- 208. Fraudulently suffering a decree for a sum not due
- 209. Dishonestly making a false claim before a Court
- 210. Fraudulently obtaining a decree for a sum not due
- 211. False charge of offence made with intent to injure
- 212. Harbouring an offender
- 213. Taking gifts, etc., to screen an offender from punishment
- 214. Offering gift or restoration of property in consideration of screening offender
- 215. Taking gift to help to recover stolen property, etc.
- 216. Harbouring an offender who has escaped from custody, or whose apprehension has been ordered
- 216A. Harbouring robbers or gang-robbers, etc.
- 216B. “Harbour”
- 217. Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture
- 218. Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture
- 219. Public servant in a judicial proceeding corruptly making an order, report, etc., which he knows to be contrary to law
- 220. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
- 221. Intentional omission to apprehend on the part of a public servant bound by law to apprehend
- 222. Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court
- 223. Escape from confinement negligently suffered by a public servant and facilitating or enabling any terrorist act, etc.
- 224. Resistance or obstruction by a person to his lawful apprehension
- 225. Resistance or obstruction to the lawful apprehension of another person
- 225A. Public servant omitting to apprehend or suffering other persons to escape in cases not already provided for
- 225B. Offences against laws of Malaysia where no special punishment is provided
- 226. (Deleted)
- 227. Violation of condition of remission of punishment
- 228. Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding
- 229. Personation of a juror or assessor
Chapter XII: Offences Relating to Coin and Government Stamps
[edit]- 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
- 250. (Deleted)
- 251. Delivery of coin, possessed with the knowledge that it is altered
- 252. (Deleted)
- 253. Possession of coin by a person who knew it to be altered when he became possessed thereof
- 254. Delivery to another of coin as genuine, which when first possessed, the deliverer did not know to be altered
- 255. Counterfeiting a Government stamp
- 256. Having possession of an instrument or material for the purpose of counterfeiting a Government stamp
- 257. Making or selling an instrument for the purpose of counterfeiting a Government stamp
- 258. Sale of counterfeit Government stamp
- 259. Having possession of a counterfeit Government stamp
- 260. Using as genuine a Government stamp known to be counterfeit
- 261. Effacing any writing from a substance bearing a Government stamp, or removing from a document a stamp used for it, with intent to cause loss to Government
- 262. Using a Government stamp known to have been before used
- 263. Erasure of mark denoting that stamp has been used
Chapter XIII: Offences Relating to Weights and Measures
[edit]- 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
[edit]- 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
- 285. Negligent conduct with respect to any fire or combustible matter
- 286. Negligent conduct with respect to any explosive substance
- 287. Negligent conduct with respect to any machinery in the possession or under the charge of the offender
- 288. Negligence with respect to pulling down or repairing buildings
- 289. Negligence with respect to any animal
- 290. Punishment for public nuisance
- 291. Continuance of nuisance after injunction to discontinue
- 292. Sale, etc., of obscene books, etc.
- 293. Sale, etc., of obscene objects to young person
- 294. Obscene songs
Chapter XV: Offences Relating to Religion
[edit]- 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
[edit]- 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
- 315. Act done with intent to prevent a child being born alive or to cause it to die after birth
- 316. Causing death of a quick unborn child by an act amounting to culpable homicide
- 317. Exposure and abandonment of a child under twelve years by parent or person having care of it
- 318. Concealment of birth by secret disposal of dead body
- Hurt
- 319. Hurt
- 320. Grievous hurt
- 321. Voluntarily causing hurt
- 322. Voluntarily causing grievous hurt
- 323. Punishment for voluntarily causing hurt
- 324. Voluntarily causing hurt by dangerous weapons or means
- 325. Punishment for voluntarily causing grievous hurt
- 326. Voluntarily causing grievous hurt by dangerous weapons or means
- 326A. Punishment for causing hurt by spouse
- 327. Voluntarily causing hurt to extort property or to constrain to an illegal act
- 328. Causing hurt by means of poison, etc., with intent to commit an offence
- 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act
- 330. Voluntarily causing hurt to extort confession or to compel restoration of property
- 331. Voluntarily causing grievous hurt to extort confession or to compel restoration of property
- 332. Voluntarily causing hurt to deter public servant from his duty
- 333. Voluntarily causing grievous hurt to deter public servant from his duty
- 334. Voluntarily causing hurt on provocation
- 335. Causing grievous hurt on provocation
- 336. Punishment for act which endangers life or the personal safety of others
- 337. Causing hurt by an act which endangers life or the personal safety of others
- 338. Causing grievous hurt by an act which endangers life or the personal safety of others
- Wrongful Restraint and Wrongful Confinement
- 339. Wrongful restraint
- 340. Wrongful confinement
- 341. Punishment for wrongful restraint
- 342. Punishment for wrongful confinement
- 343. Wrongful confinement for three or more days
- 344. Wrongful confinement for ten or more days
- 345. Wrongful confinement of person for whose liberation a writ has been issued
- 346. Wrongful confinement in secret
- 347. Wrongful confinement for the purpose of extorting property or constraining to an illegal act
- 348. Wrongful confinement for the purpose of extorting confession or of compelling restoration of property
- Criminal Force and Assault
- 349. Force
- 350. Criminal force
- 351. Assault
- 352. Punishment for using criminal force otherwise than on grave provocation
- 352A. Punishment for using criminal force by spouse
- 353. Using criminal force to deter a public servant from discharge of his duty
- 354. Assault or use of criminal force to a person with intent to outrage modesty
- 355. Assault or criminal force with intent to dishonour a person, otherwise than on grave provocation
- 356. Assault or criminal force in attempt to commit theft of property carried by a person
- 357. Assault or criminal force in attempt wrongfully to confine a person
- 358. Assaulting or using criminal force on grave provocation
- Kidnapping, Abduction, Slavery and Forced Labour
- 359. Kidnapping
- 360. Kidnapping from Malaysia
- 361. Kidnapping from lawful guardianship
- 362. Abduction
- 363. Punishment for kidnapping
- 364. Kidnapping or abducting in order to murder
- 365. Kidnapping or abducting with intent secretly and wrongfully to confine a person
- 366. Kidnapping or abducting a woman to compel her marriage, etc.
- 367. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc.
- 368. Wrongfully concealing or keeping in confinement a kidnapped person
- 369. Kidnapping or abducting child under ten years with intent to steal movable property from the person of such child
- 370. Buying or disposing of any person as a slave
- 371. Habitual dealing in slaves
- 372. Exploiting any person for purposes of prostitution
- 372A. Persons living on or trading in prostitution
- 372B. Soliciting for purpose of prostitution
- 373. Suppression of brothels
- 373A. (Deleted)
- 374. Unlawful compulsory labour
- Hostage-Taking
- 374A. Hostage-taking
- Rape
- 375. Rape
- 375A. Husband causing hurt in order to have sexual intercourse
- 375B. Gang rape
- 376. Punishment for rape
- Incest
- 376A. Incest
- 376B. Punishment for incest
- Unnatural Offences
- 377. Buggery with an animal
- 377A. Carnal intercourse against the order of nature
- 377B. Punishment for committing carnal intercourse against the order of nature
- 377C. Committing carnal intercourse against the order of nature without consent, etc.
- 377CA. Sexual connection by object
- 377D. Outrages on decency
- 377E. Inciting a child to an act of gross indecency
Chapter XVII: Offences Against Property
[edit]- 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
- 391. Gang-robbery
- 392. Punishment for robbery
- 393. Attempt to commit robbery
- 394. Voluntarily causing hurt in committing robbery
- 395. Punishment for gang-robbery
- 396. Gang-robbery with murder
- 397. Robbery when armed or with attempt to cause death or grievous hurt
- 398. (Deleted)
- 399. Making preparation to commit gang-robbery
- 400. Punishment for belonging to gang of robbers
- 401. Punishment for belonging to wandering gang of thieves
- 402. Assembling for purpose of committing gang-robbery
- Criminal Misappropriation of Property
- 402A. Definition of “agent”, “company”, “director”, “officer”
- 403. Dishonest misappropriation of property
- 404. Dishonest misappropriation of property possessed by a deceased person at the time of his death
- Criminal Breach of Trust
- 405. Criminal breach of trust
- 406. Punishment of criminal breach of trust
- 407. Criminal breach of trust by carrier, etc.
- 408. Criminal breach of trust by clerk or servant
- 409. Criminal breach of trust by public servant or agent
- 409A. Defence not available
- 409B. Presumption
- Receiving Stolen Property
- 410. Stolen property
- 411. Dishonestly receiving stolen property
- 411A. Receiving benefit derived from criminal activities of organized criminal group
- 412. Dishonestly receiving property stolen in the commission of a gang-robbery
- 413. Habitually dealing in stolen property
- 414. Assisting in concealment of stolen property
- Cheating
- 415. Cheating
- 416. Cheating by personation
- 417. Punishment for cheating
- 418. Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect
- 419. Punishment for cheating by personation
- 420. Cheating and dishonestly inducing delivery of property
- Fraudulent Deeds and Dispositions of Property
- 421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
- 422. Dishonestly or fraudulently preventing from being made available for his creditors a debt or demand due to the offender
- 423. Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration
- 424. Dishonest or fraudulent removal or concealment of consideration
- Mischief
- 425. Mischief
- 426. Punishment for committing mischief
- 427. Committing mischief and thereby causing damage to the amount of twenty-five ringgit
- 428. Mischief by killing or maiming any animal
- 429. (Deleted)
- 430. Mischief by injury to works of irrigation or by wrongfully diverting water
- 430A. Mischief affecting any public transportation
- 431. Mischief by injury to public road, bridge or river
- 431A. Mischief by injury to telegraph cable, wire, etc.
- 432. Mischief by causing inundation or obstruction to public drainage, attended with damage
- 433. Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights
- 434. Mischief by destroying or moving, etc., a landmark fixed by public authority
- 435. Mischief by fire or explosive substance with intent to cause damage to amount of fifty ringgit
- 436. Mischief by fire or explosive substance with intent to destroy a house, etc.
- 437. Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tons burden
- 438. Punishment for the mischief described in the last section when committed by fire or any explosive substance
- 439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.
- 440. Mischief occurring during disturbances, etc.
- Criminal Trespass
- 441. Criminal trespass
- 442. House-trespass
- 443. Lurking house-trespass
- 444. (Deleted)
- 445. Housebreaking
- 446. (Deleted)
- 447. Punishment for criminal trespass
- 448. Punishment for house-trespass
- 449. House-trespass in order to commit an offence punishable with death
- 450. House-trespass in order to commit an offence punishable with imprisonment for life
- 451. House-trespass in order to commit an offence punishable with imprisonment
- 452. House-trespass after preparation made for causing hurt to any person
- 453. Punishment for lurking house-trespass or housebreaking
- 454. (Deleted)
- 455. Lurking house-trespass or housebreaking after preparation made for causing hurt to any person
- 456. (Deleted)
- 457. Lurking house-trespass or housebreaking by night in order to commit an offence punishable with imprisonment
- 457A. Subsequent offence under section 453 or 457 punishable with whipping after first offence
- 458. (Deleted)
- 459. Grievous hurt caused whilst committing lurking house-trespass or housebreaking
- 460. All persons jointly concerned in housebreaking, etc., to be punishable for death, or grievous hurt caused by one of their number
- 461. Dishonestly breaking open any closed receptacle containing or supposed to contain property
- 462. Punishment for same offence when committed by person entrusted with custody
Chapter XVIII: Offences Relating to Documents and to Currency Notes and Bank Notes
[edit]- 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
- 477A. Falsification of accounts
- (There are no ss. 478–489)
- Currency Notes and Bank Notes
- 489A. Forging or counterfeiting currency notes or bank notes
- 489B. Using as genuine, forged or counterfeit currency notes or bank notes
- 489C. Possession of forged or counterfeit currency notes or bank notes
- 489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank notes
Chapter XIX: Criminal Breach of Contracts of Service
[edit]- 490. (Deleted)
- 491. Breach of contract to attend on and supply the wants of helpless persons
- 492. (Deleted)
Chapter XX: Offences Relating to Marriage
[edit]- 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
[edit]- 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
[edit]- 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
[edit]- 511. Punishment for attempting to commit offences punishable with imprisonment
See also
[edit]External links
[edit]- Penal Code
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