| Short Title: | Corrosive and Explosive Substances and Offensive Weapons Act 1958 |
| Legislature: | Parliament of Malaysia |
| Long Title: | An Act to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons. |
| Citation: | Act 357 |
| Territorial Extent: | Throughout Malaysia |
| Enacted By: | Federal Legislative Council |
| Date Enacted: | 1958 (Ord. No. 43 of 1958) Revised: 1988 (Act 357 w.e.f. 1 December 1988) |
| Date Effective: | [Peninsular Malaysia—1 January 1959, L.N. 384/1958;<br>Sabah and Sarawak—16 September 1963, L.N. 232/1963] |
| Amended By: | Corrosive and Explosive Substances and Offensive Weapons (Amendment) Act 1961 [Act 16/1961] Modification of Laws (Internal Security and Public Order) (Borneo States) Order 1963 [L.N. 232/1963] Criminal Procedure Code (Amendment and Extension) Act 1976 [Act A324] Penal Code (Amendment and Extension) Act 1976 [Act A327] Offensive Weapon Order 1978 [P.U. (A) 294/1978] Corrosive and Explosive Substances and Offensive Weapons (Amendment of Second Schedule) Order 1984 [P.U. (A) 252/1984] Corrosive and Explosive Substances and Offensive Weapons (Amendment of Second Schedule) Order 1989 [P.U. (B) 131/1989] Corrosive and Explosive Substances and Offensive Weapons (Amendment) Order 1992 [P.U. (A) 23/1992] Corrosive and Explosive Substances and Offensive Weapons (Amendment) Act 2014 [Act A1463] Corrosive and Explosive Substances and Offensive Weapons (Amendment of Second Schedule) 2024 [P.U. (A) 248/2024] |
| Status: | In force |
The Corrosive and Explosive Substances and Offensive Weapons Act 1958 (ms|Akta Bahan-Bahan Kakisan dan Letupan dan Senjata Berbahaya 1958) is a Malaysian law which enacted to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons.
The Corrosive and Explosive Substances and Offensive Weapons Act 1958, in its current form (1 October 2014), consists of 12 sections and 2 schedules (including 9 amendments), without separate Part.
Under this Act, the carrying or possession of offensive weapon in public places without lawful authority or lawful purpose is criminalised under section 6(1) of the Act. Anyone found guilty under this section is punishable with a minimum of 5 years to a maximum of 10 years of imprisonment and may also be subjected to whipping.
This offence is a non-bailable offence and no bail can be granted by the court for anyone charged under section 6(1). During the court trial, the burden of proving the existence of lawful purpose will be lied upon the accused, not the prosecutor.[1]
However, under section 6(2), the carrying of an offensive weapon by members of security forces such as police or military in the performance of their duty, or by anyone in his ceremonial dress during a ceremony is considered as "carried with lawful athority" instead and will not be prosecuted.
Under section 7(1), it is an offence to carry or possess (either in public or private), manufacture, sell, hire, or offer for sale or hire, or lend or give to another person any scheduled weapon without lawful purpose. Anyone found guilty under this section is punishable with a minimum of 5 years to a maximum of 10 years of imprisonment.
This offence is a non-bailable offence and no bail can be granted by the court for anyone charged under section 7(1). During the court trial, the burden of proving the existence of lawful purpose will be lied upon the accused, not the prosecutor.
The following is a list of chemicals gazetted as a "corrosive substance" under the First Schedule of this Act as of 26 September 2024. The definition of "corrosive substance" under this Act are not limited to the following list only and may include any other substances that can cause hurt on human body by corrosive action.
The following is a list of offensive weapons gazetted as a "scheduled weapon" under the Second Schedule of this Act as of 26 September 2024.