Kidnapping Act 1961 Explained

Short Title:	Kidnapping Act 1961
Legislature:	Parliament of Malaysia
Long Title:	An Act to provide for the detection and punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.
Citation:	Act 365
Territorial Extent:	Throughout Malaysia
Enacted By:	Dewan Rakyat
Date Enacted:	1961 (Act No. 41 of 1961) & 1963 (Act No. 5 of 1963) Revised: 1989 (Act 365 w.e.f. 13 April 1989)
Date Passed:	9 August 1961
Enacted By2:	Dewan Negara
Date Passed2:	26 June 1961
Date Effective:	[Peninsular Malaysia—21 September 1961;<br>Sabah and Sarawak—24 February 1989, P.U. (A) 56/1989;<br>Federal Territory of Labuan—24 February 1989, P.U. (A) 55/1989.]
Bill:	Kidnapping Bill 1961
Introduced By:	Leong Yew Koh, Minister of Justice
1St Reading:	8 August 1961
2Nd Reading:	8 August 1961
3Rd Reading:	9 August 1961
Bill2:	Kidnapping Bill 1961
Introduced By2:	Leong Yew Koh, Minister of Justice
1St Reading2:	[]
2Nd Reading2:	26 June 1961
3Rd Reading2:	26 June 1961
Amended By:	Kidnapping (Amendment) Act 1967 [Act 33/1967] Titles of Office Ordinance 1949 [P.U. (B) 324/1970] Bank Simpanan Nasional Act 1974 [Act 146] Modification of Laws (Kidnapping Act) (Extension to the States of Sabah and Sarawak) Order 1989 [P.U. (A) 56/1989] Kidnapping (Amendment) Act 1995 [Act A910]
Status:	In force

The Kidnapping Act 1961 (Malay: Akta Penculikan 1961), is an Act of the Parliament of Malaysia. It was enacted to provide for the detection and punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.

Structure

The Kidnapping Act 1961, in its current form (1 January 2006), consists of 16 sections and no schedule (including 5 amendments), without separate Part.

Section 1: Short title and application
Section 2: Interpretation
Section 3: Abduction, wrongful restraint or wrongful confinement for ransom
Section 4: Seizure and forfeiture of conveyance
Section 5: Knowingly receiving ransom
Section 6: Knowingly negotiating to obtain, or for payment of, ransom
Section 7: Power to freeze bank account
Section 8: Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents
Section 9: Public Prosecutor’s powers to obtain information
Section 10: Duty to give information to police
Section 11: Power to intercept communication
Section 12: Remand in custody of police
Section 13: Evidence of accomplice
Section 14: Evidence of pecuniary resources or property
Section 15: Protection of informers
Section 16: Admission of statements in evidence

Section 3

Section 3(1) created a capital offence with a discretionary death penalty. The death penalty for this offence was abolished by sections 52 and 53 of the Abolition of Mandatory Death Penalty Act 2023.^[1]

Lee Ah Kiew was sentenced to death, under this section, in 1985,^[2] and was executed on 21 May 1987. He was said to have been first to be so executed.^[3]

The following cases were decided under this section:

Soh Ten Seng & Ors v Public Prosecutor^[4]
Bernhard Foon & Ors v Public Prosecutor^[5]
Kidnapping charge for the four accused in the 2008 murder of Lai Ying Xin

References

Hamid Ibrahim and Nasser Hamid. Hamid's Criminal Procedure. Denning's Books Centre. 1994. pp 27 & 592. Google
Hashim bin Mehat. Malaysian Law & Islamic Law on Sentencing. International Law Book Services. 1991. pp xxiv, 6, 104, 221 & 276. Google

External links

Kidnapping Act 1961

Notes and References

[commons:File:Abolition of Mandatory Death Penalty Act 2023.pdf|Scan]
"Man sentenced to hang for kidnapping", The Straits Times, 4 June 1985, p 9. Cf. "Re-trial for two under sentence of death", The Straits Times, 29 September 1969, p 9.
"Man hanged for kidnapping businessman", The Straits Times, 23 May 1987, p 8.
Soh Ten Seng & Ors v Public Prosecutor (1964) 30 The Malayan Law Journal 380, FC
Bernhard Foon & Ors v Public Prosecutor [1968] 2 The Malayan Law Journal 117, FC