Penal Code - Act 574

 

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p. 1

penal code 1 laws of malaysia reprint act 574 penal code incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006

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2 penal code first enacted revised 1936 f.m.s cap 45 1997 act 574 w.e.f 7 august 1997 previous reprint first reprint second reprint 2002 2002

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3 laws of malaysia act 574 penal code arrangement of sections chapter i preliminary section 1 2 3 4 5 short title punishment of offences committed within malaysia punishment of offences committed beyond but which by law may be tried within malaysia extension of code to extra-territorial offences certain laws not to be affected by this code chapter ii general explanations 6 7 8 9 10 11 12 13 17 19 definitions in the code to be understood subject to exceptions expression once explained is used in the same sense throughout the code gender number man and woman person public deleted there are no ss 14­16 government there is no s 18 judge

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4 section laws of malaysia 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 court public servant movable property wrongful gain and wrongful loss dishonestly fraudulently reason to believe property in possession of wife clerk or servant counterfeit document valuable security a will words referring to acts include illegal omissions act and omission act 574 each of several persons liable for an act done by all in like manner as if done by him alone when such an act is criminal by reason of its being done with a criminal knowledge or intention effect caused partly by act and partly by omission cooperation by doing one of several acts constituting an offence several persons engaged in the commission of a criminal act may be guilty of different offences voluntarily offence there are no ss 41­42 43 44 45 46 47 48 illegal unlawful and legally bound to do injury life death animal vessel

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penal code section 5 49 50 51 52 year and month section oath good faith chapter iii punishments 53­55 57 deleted there is no s 56 fractions of terms of punishment there is no s 58 59­60 63­64 66­70 71 72 73­74 75 deleted there are no ss 61­62 deleted there is no s 65 deleted limit of punishment of offence which is made up of several offences punishment of a person found guilty of one of several offences the judgment stating that it is doubtful of which deleted punishment of persons convicted after a previous conviction of an offence punishable with three years imprisonment chapter iv general exceptions 76 77 78 79 80 81 act done by a person bound or by mistake of fact believing himself bound by law act of judge when acting judicially act done pursuant to the judgment or order of a court act done by a person justified or by mistake of fact believing himself justified by law accident in the doing of a lawful act act likely to cause harm but done without a criminal intent and to prevent other harm

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6 section laws of malaysia 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 act of a child under 10 years of age act 574 act of a child above 10 and under 12 years of age who has not attained sufficient maturity of understanding act of a person of unsound mind intoxication when a defence effect of defence of intoxication when established act not intended and not known to be likely to cause death or grievous hurt done by consent act not intended to cause death done by consent in good faith for the benefit of a person act done in good faith for the benefit of a child or person of unsound mind by or by consent of guardian consent known to be given under fear or misconception and consent of a child or person of unsound mind acts which are offences independently of harm caused to the person consenting are not within the exceptions in sections 87 88 and 89 act done in good faith for the benefit of a person without consent communication made in good faith act to which a person is compelled by threats act causing slight harm nothing done in private defence is an offence right of private defence of the body and of property right of private defence against the act of a person of unsound mind acts against which there is no right of private defence when the right of private defence of the body extends to causing death when such right extends to causing any harm other than death commencement and continuance of the right of private defence of the body when the right of private defence of property extends to causing death when such right extends to causing any harm other than death commencement and continuance of the right of private defence of property right of private defence against a deadly assault when there is risk of harm to an innocent person 100 101 102 103 104 105 106.

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penal code chapter v abetment section 7 107 108 109 110 111 112 113 114 115 116 117 118 119 120 abetment of a thing abettor punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment punishment of abetment if the person abetted does the act with a different intention from that of the abettor liability of abettor when one act is abetted and a different act is done abettor when liable to cumulative punishment for act abetted and for act done liability of abettor for an offence caused by the act abetted different from that intended by the abettor abettor present when offence committed abetment of an offence punishable with death or imprisonment for life abetment of an offence punishable with imprisonment abetting the commission of an offence by the public or by more than ten persons concealing a design to commit an offence punishable with death or imprisonment for life a public servant concealing a design to commit an offence which it is his duty to prevent concealing a design to commit an offence punishable with imprisonment chapter va criminal conspiracy 108a abetment in malaysia of offences outside malaysia 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

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8 section laws of malaysia act 574 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 122 123 124 collecting arms etc with the intention of waging war against the yang di-pertuan agong a ruler or yang di-pertua negeri concealing with intent to facilitate a design to wage war assaulting member of parliament etc with intent to compel or restrain the exercise of any lawful power 124a deleted 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 126 127 128 129 130 committing depredation on the territories of any power at peace with the yang di-pertuan agong receiving property taken by war or depredation mentioned in sections 125 and 126 public servant voluntarily allowing prisoner of state or war in his custody to escape public servant negligently suffering prisoner of state or war in his custody to escape aiding escape of rescuing or harbouring such prisoner 130a interpretation of this chapter chapter vii offences relating to the armed forces 131 132 133 134 135 abetting mutiny or attempting to seduce a soldier or sailor from his duty abetment of mutiny if mutiny is committed in consequence thereof abetment of an assault by a soldier or sailor on his superior officer when in the execution of his office abetment of such assault if the assault is committed abetment of the desertion of a soldier sailor or airman

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penal code section 9 136 137 138 139 140 harbouring a deserter deserter concealed on board merchant vessel through negligence of master abetment of act of insubordination by a soldier sailor or airman persons subject to articles of war not punishable under this code wearing the dress of a soldier sailor or airman 140a harbour 140b application of chapter vii chapter viii offences against the public tranquillity 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 unlawful assembly being a member of an unlawful assembly punishment possessing weapons or missiles at unlawful assemblies joining or continuing in an unlawful assembly knowing that it has been commanded to disperse force used by one member in prosecution of common object punishment for rioting possessing weapons or missiles at riot every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object hiring or conniving at hiring of persons to join an unlawful assembly knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse assaulting or obstructing public servant when suppressing riot etc wantonly giving provocation with intent to cause riot owner or occupier of land on which an unlawful assembly is held liability of person for whose benefit a riot is committed liability of agent of owner or occupier for whose benefit a riot is committed harbouring persons hired for an unlawful assembly being hired to take part in an unlawful assembly or riot or to go armed affray punishment for committing affray 153a deleted

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10 laws of malaysia chapter ix offences by or relating to public servants act 574 section 161 162 163 164 165 public servant taking a gratification other than legal remuneration in respect of an official act taking a gratification in order by corrupt or illegal means to influence a public servant taking a gratification for the exercise of personal influence with a public servant punishment for abetment by public servant of the offences above defined public servant obtaining any valuable thing without consideration from person concerned in any proceeding or business transacted by such public servant public servant disobeying a direction of the law with intent to cause injury to any person public servant framing an incorrect document with intent to cause injury public servant unlawfully engaging in trade public servant unlawfully buying or bidding for property personating a public servant wearing garb or carrying token used by public servant with fraudulent intent chapter x contempts of the lawful authority of public servants 166 167 168 169 170 171 172 173 174 175 176 177 absconding to avoid service of summons or other proceeding from a public servant preventing service of summons or other proceeding or preventing publication thereof non-attendance in obedience to an order from a public servant omission to produce a document to a public servant by a person legally bound to produce such document omission to give notice or information to a public servant by a person legally bound to give notice or information furnishing false information

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penal code section 11 178 179 180 181 182 183 184 185 186 187 188 189 190 refusing oath when duly required to take oath by a public servant refusing to answer a public servant authorized to question refusing to sign statement false statement on oath to public servant or person authorized to administer an oath false information with intent to cause a public servant to use his lawful power to the injury of another person resistance to the taking of property by the lawful authority of a public servant obstructing sale of property offered for sale by authority of a public servant illegal purchase or bid for property offered for sale by authority of a public servant obstructing public servant in discharge of his public functions omission to assist public servant when bound by law to give assistance disobedience to an order duly promulgated by a public servant threat of injury to a public servant 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 191 192 193 194 195 196 197 198 199 200 giving false evidence fabricating false evidence punishment for false evidence giving or fabricating false evidence with intent to procure conviction of a capital offence giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment using evidence known to be false issuing or signing a false certificate using as a true certificate one known to be false in a material point false statement made in any declaration which is by law receivable as evidence using as true any such declaration known to be false

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12 section laws of malaysia act 574 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 causing disappearance of evidence of an offence committed or giving false information touching it to screen the offender intentional omission by a person bound to inform to give information of an offence giving false information respecting an offence committed destruction of document to prevent its production as evidence false personation for the purpose of any act or proceeding in a suit fraudulent removal or concealment of property to prevent its seizure as a forfeiture or in execution of a decree fraudulent claim to property to prevent its seizure as a forfeiture or in execution of a decree fraudulently suffering a decree for a sum not due dishonestly making a false claim before a court fraudulently obtaining a decree for a sum not due false charge of offence made with intent to injure harbouring an offender taking gifts etc to screen an offender from punishment offering gift or restoration of property in consideration of screening offender taking gift to help to recover stolen property etc harbouring an offender who has escaped from custody or whose apprehension has been ordered 216a harbouring robbers or gang-robbers etc 216b harbour 217 218 219 220 221 222 223 public servant disobeying a direction of law with intent to save person from punishment or property from forfeiture public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture public servant in a judicial proceeding corruptly making an order report etc which he knows to be contrary to law commitment for trial or confinement by a person having authority who knows that he is acting contrary to law intentional omission to apprehend on the part of a public servant bound by law to apprehend intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court escape from confinement negligently suffered by a public servant

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penal code section 13 224 225 resistance or obstruction by a person to his lawful apprehension 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 226 227 228 229 deleted violation of condition of remission of punishment intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding personation of a juror or assessor chapter xii offences relating to coin and government stamps 230 231 232 233 234 235 236 237 238 239 240 241 242 243 interpretation deleted counterfeiting coin deleted making or selling instrument for counterfeiting coin possession of instrument or material for the purpose of using the same for counterfeiting coin abetting in malaysia the counterfeiting out of malaysia of coin deleted import or export of counterfeit coin deleted delivery of coin possessed with the knowledge that it is counterfeit delivery to another of coin as genuine which when first possessed the deliverer did not know to be counterfeit deleted possession of coin by a person who knew it to be counterfeit when he became possessed thereof there are no ss 244­245 246 deleted

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14 section laws of malaysia act 574 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 fraudulently or dishonestly diminishing the weight or altering the composition of coin deleted altering appearance of coin with intent that it shall pass as a coin of a different description deleted delivery of coin possessed with the knowledge that it is altered deleted possession of coin by a person who knew it to be altered when he became possessed thereof delivery to another of coin as genuine which when first possessed the deliverer did not know to be altered counterfeiting a government stamp having possession of an instrument or material for the purpose of counterfeiting a government stamp making or selling an instrument for the purpose of counterfeiting a government stamp sale of counterfeit government stamp having possession of a counterfeit government stamp using as genuine a government stamp known to be counterfeit 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 using a government stamp known to have been before used erasure of mark denoting that stamp has been used 262 263 chapter xiii offences relating to weights and measures 264 265 266 267 fraudulent use of false instrument for weighing fraudulent use of false weight or measure being in possession of false weights or measures making or selling false weights or measures

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penal code chapter xiv offences affecting the public health safety convenience decency and morals section 15 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 public nuisance negligent act likely to spread infection of any disease dangerous to life malignant act likely to spread infection of any disease dangerous to life disobedience to a quarantine rule adulteration of food or drink which is intended for sale sale of noxious food or drink adulteration of drugs sale of adulterated drugs sale of any drug as a different drug or preparation fouling the water of a public spring or reservoir making atmosphere noxious to health rash driving or riding on a public way rash navigation of a vessel exhibition of a false light mark or buoy conveying person by water for hire in a vessel overloaded or unsafe danger or obstruction in a public way or navigation negligent conduct with respect to any poisonous substance negligent conduct with respect to any fire or combustible matter negligent conduct with respect to any explosive substance negligent conduct with respect to any machinery in the possession or under the charge of the offender negligence with respect to pulling down or repairing buildings negligence with respect to any animal punishment for public nuisance continuance of nuisance after injunction to discontinue sale etc of obscene books etc sale etc of obscene objects to young person obscene songs

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