/akn/my/act/act/1958/357

*CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958

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Type: Act
Status: In force
Enacted: 1958
Sections: 34
Languages: EN · MS

Quick answer

About this act

*CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 is Malaysia Act, cited as Act 357 1958, currently marked in force and first recorded in 1958.

Opening note

Preamble

An Act to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons. [Peninsular Malaysia—1 January 1959, L.N. 384/1958; Sabah and Sarawak—16 September 1963, L.N. 232/1963] Short title and application

Section 1

(2)

This Act shall apply throughout Malaysia.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

“corrosive substance” means any of the acids and substances specified in the First Schedule and shall be deemed to include all substances which are capable on application to the human body of causing hurt through corrosive action;

“explosive substance” shall be deemed to include any materials for making any explosive substance and any bomb, grenade, apparatus, machine, implement or material used or intended to be used or adapted for causing or aiding in causing any explosion in or with any

6 Laws of Malaysia ACT 357

explosive substance and any part of such bomb, grenade, apparatus, machine or implement;

“hurt” means hurt as defined in the Penal Code [Act 574];

“Minister” means the Minister charged with responsibility for internal security;

“offensive weapon” includes any instrument which if used as a weapon of offence is likely to cause hurt;

“scheduled weapon” means any offensive weapon specified in the

Second Schedule.

Section 3

Possession of corrosive or explosive substance for the purpose of causing hurt

Any person who carries or has in his possession or under his control any corrosive or explosive substance in circumstances which raise a reasonable presumption that he intends to use or intends to enable some other person to use such substance for the purpose of causing hurt shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding three years, and to whipping.

Section 4

Using a corrosive or explosive substance or offensive weapon

Any person who unlawfully and maliciously uses or attempts to use any corrosive substance or offensive weapon for the purpose of causing hurt, or causes or attempts to cause by any explosive substance an explosion of a nature likely to cause hurt, shall, whether any hurt has actually been caused or not, be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding seven years, and to whipping.

Corrosive and Explosive Substances and 7

Offensive Weapons

Section 5

Consorting with person carrying corrosive or explosive substance

Any person who consorts with, or is found in the company of, another person who is carrying or has in his possession or under his control any corrosive or explosive substance in contravention of section 3, in circumstances which raise a reasonable presumption that he knew that such other person was carrying or had in his possession or under his control any such substance shall, unless he shall prove that he had reasonable grounds for believing that such oher person was carrying or had in his possession or under his control any such substance for a lawful purpose, be guilty of an offence and shall be liable to the like punishment as that other person with whom he was consorting or in whose company he was found.

Section 6

Carrying offensive weapons in public places

(2)

In any prosecution for an offence under subsection (1) the onus of proving the existence of a lawful purpose shall lie upon the accused.

(3)

A weapon shall be presumed to be carried with lawful authority if it is carried—

(a)

by a member of the armed forces of Malaysia or of any local force or of the police force or of any visiting force lawfully present in Malaysia under any law relating to visiting forces, or a person in the service of any

Government or local authority in Malaysia, and in any such case is carried in or in connection with the performance of his duty as such member or person; or

8 Laws of Malaysia ACT 357

(b)

by any person as part of his official or ceremonial dress on any official or ceremonial occasion.

(4)

An offence under subsection (1) shall be deemed to be a seizable and non-bailable offence.

Offences relating to scheduled weapons

Section 7

(a)

carries or has in his possession or under his control;

(b)

manufactures, sells or hires or offers or exposes for sale or hire; or

(c)

lends or gives to any other person, any scheduled weapon shall be guilty of an offence and shall on conviction be liable to imprisonment for a term of not less than five years and not more than ten years.

(2)

In any prosecution for an offence under subsection (1) the onus of proving the existence of a lawful purpose shall be upon the accused.

(3)

An offence under subsection (1) shall be deemed to be a seizable and non-bailable offence.

Consorting with persons carrying offensive weapons in public places

Section 8

(2)

An offence against this section shall be deemed to be a seizable and non-bailable offence.

Powers of search and seizure

Section 9

(2)

Any police officer of or above the rank of Inspector may, without warrant and with or without assistance—

(a)

stop and search any person or vehicle, whether in a public road or place or not;

(b)

enter and search any premises;

(c)

board and search any vessel, vehicle or aircraft not being, or having the status of, a naval, military or air force vessel, vehicle or aircraft, if he has reasonable grounds for believing that any evidence of the commission or of the preparation for the commission of an offence

10 Laws of Malaysia ACT 357

under this Act is likely to be found on such person or premises or in any such vessel, vehicle or aircraft, and may seize any article or material or accumulation thereof capable of being used for causing hurt if he has reasonable grounds for believing that it is intended or likely to be used for the purpose of causing hurt, and any such evidence so found and any vessel, vehicle or aircraft in which such article, material or evidence is found.

(3)

No woman shall be searched under this section except by a woman.

Disposal of property

Section 10

(2)

Any corrosive or explosive substance or offensive weapon coming into the possession of a police officer under section 9 may be disposed of in such manner as the Minister may order.

(3)

Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.

Presumptions

Section 11

(2)

In any prosecution under section 3 or 5 it shall be presumed until the contrary be proved that any substance was intended to be used for the purpose of causing hurt if—

(a)

the quantity of the substance found exceeded the quantity reasonably required to be kept by the accused for ordinary use and consumption in his household or establishment and (in the case of a person carrying on business)

exceeded the quantity reasonably required to be kept in the ordinary course of such business;

(b)

such substance was kept concealed or in a place other than that in which it might reasonably be expected to be kept for domestic or in the case of a person carrying on business for business purposes; or

(c)

such substances were kept in containers other than containers of a kind in which such substances are ordinarily kept for domestic or in the case of a person carrying on business, for business purposes.

Power to amend Schedule

Section 12

Offensive Weapons

The Minister may by order add to or amend the Schedules to this

Act.

12 Laws of Malaysia ACT 357

FIRST SCHEDULE

[Sections 2 and 12]

Section 1

Sulphuric acid

Section 6

Phenols

Section 2

Nitric acid

Section 7

Ammonia

Section 3

Hydrochloric acid

Section 8

Potassium hydroxide

Section 4

Formic acid

Section 9

Sodium hydroxide

Section 5

Acetic acid

SECOND SCHEDULE

[Sections 2 and 12]

Section 1

Any knife, sometimes known as a “flick knife”, which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife.

Section 2

Any knife, sometimes known as a “gravity knife”, which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device.

Section 3

Any whip manufactured from bicycle or motor cycle chains, or from any similar kind of chainwork.

Section 4

All kinds of knuckleduster.

Section 5

Any blade or other instrument attached to or forming part of a bicycle pump, metal-pipe or stick, and concealed therein, which is capable of being used for cutting or stabbing.

Section 6

Any knife-like instrument with three sharp edges and a sharp pointed tip, sometimes known as a “bearing-scraper”.

Section 7

Any small axe normally used as a weapon and commonly known as “kapak kecil”.

Corrosive and Explosive Substances and 13

Section 8

Offensive Weapons

Any sword, kris, parang or other knife which on any part of it is written, embossed, inscribed with or which otherwise bears any verse, word or character connected with or relating to any religion or belief.

Section 9

Any sword or parang which is normally meant to be used as a weapon and not as an agricultural implement or household or garden tool.

Section 10

Any spear or spearhead.

Section 11

Any cross bow.

Section 12

Any Patrolite, Stun Gun, Taser, Control Club or any such similar instrument, device or equipment operated by battery or electricity or any form of power.

Section 13

Any T-baton made from any material which is used as a weapon.

Act 357

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 16/1961

Corrosive and Explosive

Substances and Offensive

Weapons

(Amendment)

Act 1961

25-05-1961

L.N. 232/1963

Modification of

Laws

(Internal

Security and

Public Order) (Borneo

States) Order 1963

16-09-1963

Act 160

Malaysian

Currency

(Ringgit) Act 1975

29-08-1975

Act A324

Criminal Procedure Code

(Amendment and

Extension) Act 1976

10-01-1976

Act A327

Penal Code (Amendment and Extension) Act 1976

31-03-1976

P.U. (A) 294/1978

Offensive Weapon Order 1978

13-10-1978

P.U. (A) 341/1978

Offensive Weapon Order 1978 (Corrigendum)

13-10-1978

P.U. (A) 252/1984

Corrosive and Explosive

Substances and Offensive

Weapons (Amendment of

Second Schedule) Order 20-07-1984

Corrosive and Explosive Substances and 15

Offensive Weapons

Amending law

Short title

In force from

1984

P.U. (B) 131/1989

Corrosive and Explosive

Substances and Offensive

Weapons (Amendment of

Second Schedule) Order 1989

10-03-1989

P.U. (A) 23/1992

Corrosive and Explosive

Substances and Offensive

Weapons (Amendment)

Order 1992

31-01-1992

Act A1463

Corrosive and Explosive

Substances and Offensive

Weapons (Amendment)

Act 2014

02-07-2014

P.U. (A) 248/2024

Corrosive and Explosive

Substances and Offensive

Weapons

(Amendment of Second

Schedule) Order 2024 21-09-2024

Act 357

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

L.N. 232/1963

16-09-1963 2

Act 16/1961

25-05-1961 6

Act A1463 02-07-2014

Act 16/1961

Act A1463

25-05-1961 02-07-2014 10

Act A324

10-01-1976 11

Act 16/1961

25-05-1961

First Schedule

Act 16/1961 25-05-1961

Second Schedule

P.U. (A) 294/1978

P.U. (A) 252/1984

P.U. (B) 131/1989

P.U. (A) 23/1992

P.U. (A) 248/2024 13-10-1978 20-07-1984 10-03-1989 31-01-1992 21-09-2024

Common questions

What is CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958?: *CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 is Malaysia Act, cited as Act 357 1958, currently marked in force and first recorded in 1958.
Is CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 still in force?: Yes — CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 is currently in force.
When did CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 take effect?: CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 was first recorded in 1958.
How many sections does CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 have?: CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 contains 34 sections.
Where can I read the official version of CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958?: The official text of CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958 is published at lom.agc.gov.my.