| Short Title: | Penal Code |
| Long Title: | An Act relating to criminal offences. |
| Citation: | Act 574 |
| Territorial Extent: | Malaysia |
| Date Enacted: | 1936 (F. M. S. Cap. 45) Revised: 1997 (Act 574 w.e.f. 7 August 1997) |
| Date 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.
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.
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
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”
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
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
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
120A. Definition of criminal conspiracy
120B. Punishment of criminal conspiracy
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
130B. Interpretation in relation to this Chapter
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
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
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
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
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
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
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
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
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
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
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)
490. (Deleted)
491. Breach of contract to attend on and supply the wants of helpless persons
492. (Deleted)
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
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
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
511. Punishment for attempting to commit offences punishable with imprisonment