Malaysia legislation
Section 130
of PENAL CODE
Section 130
Aiding escape of, rescuing, or harbouring such prisoner
Whoever knowingly aids or assists any prisoner of State or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine.
Explanation—A prisoner of State or prisoner of war who is permitted to be at large on his parole within certain limits in Malaysia, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
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Interpretation of this Chapter 130a. In this Chapter—
(a)
“activity detrimental to parliamentary democracy” means an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means;
(b)
“document or publication detrimental to parliamentary democracy” means any document or publication having in part or in whole a tendency—
(a)
to excite organized violence against persons or property in Malaysia;
(b)
to support, propagate or advocate any act prejudicial to the security of Malaysia or the maintenance or restoration of public order therein or inciting to violence therein or counselling violent disobedience to the law thereof or to any lawful order therein; or
(c)
to invite, request or demand support for or on account of any collection, subscription, contribution or donation, whether in money or in kind, for the direct or indirect benefit or use of persons who intend to act or are about to act, or have acted, in a manner prejudicial to the security of Malaysia or to the maintenance of public order therein, or who incite to violence therein or counsel violent disobedience to the law thereof or any lawful order therein;
(c)
“espionage” means an activity to obtain sensitive information by ulterior or illegal means for the purpose that is prejudicial to the security or interest of Malaysia;
(d)
“essential services” includes—
(a)
water services;
(b)
electricity services;
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(c)
public health services;
(d)
banking and financial services;
(e)
fire services;
(f)
prison services;
(g)
postal services;
(h)
telecommunication services including the communication infrastructure;
(i)
telegraph services;
(j)
radio communication services including broadcasting and television services;
(k)
port, dock and harbour services and undertakings;
(l)
public transport services by land, sea or air; or
(m)
bulk distribution of fuel and lubricants;
(e)
“harbour” includes supplying a person with shelter, food, drink, money or clothes; or, except by a person employed in a Government hospital, medicines, bandages, surgical dressings or any other form of aid to a person wounded;
or arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension;
(f)
(Deleted by Act 846);
(g)
“publication” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof;
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(h)
“sabotage” means—
(a)
an act or omission intending to cause harm—
(i)
for the interests of foreign powers or foreign organizations;
(ii)
to premises or utilities used for national defence or for war; or
(iii)
to the maintenance of essential services;
or
(b)
knowingly producing defective materials, premises or utilities used for national defence or for war;
(i)
“sensitive information” means any document, information and material—
(a)
relating to the Cabinet, Cabinet committees and
State Executive Council; or
(b)
that concerns sovereignty, national security, defence, public order and international relations, whether or not classified as “Top Secret”, “Secret”,
“Confidential” or “Restricted” by a minister, the Menteri
Besar or Chief Minister of a State or any public officer appointed by a minister, the Menteri Besar or Chief
Minister of a State.
Chapter VIa
OFFENCES RELATING TO TERRORISM
Interpretation in relation to this Chapter
*130b. (1) In this Chapter—
“entity” means a person, group, trust, partnership or fund;
*NOTE—Definition of “imprisonment for life” has been deleted by Act 846.
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“explosive or other lethal device” means—
(a)
an explosive or incendiary weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage; or
(b)
a weapon or device that is designed or has the capability to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiation or radioactive material;
“harbour” includes supplying a person with shelter, food, drink, money or clothes; or, except by a person employed in a
Government hospital, medicine, bandages, surgical dressings or any other form of aid to a person wounded; or arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension;
“master”, in relation to a vessel, means the owner or person
(except a harbour master or pilot) having for the time being command or charge of the vessel;
“operator”, in relation to an aircraft, means the owner or person for the time being in charge or command or control of the aircraft;
“property” means—
(a)
assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, however acquired; or
(b)
legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including bank credits, traveller’s cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
“terrorism financing offence” means any offence under section 130n, 130o, 130p or 130q;
“terrorist” means any person who—
(a)
commits, or attempts to commit, any terrorist act; or
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(b)
participates in or facilitates the commission of any terrorist act, and includes a specified entity under section 66b or 66c of the
*Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613];
“terrorist entity” means any entity owned or controlled by any terrorist or terrorist group and includes an association of such entities;
“terrorist group” means—
(a)
an entity that has as one of its activities and purposes the committing of, or the facilitation of the commission of, a terrorist act; or
(b)
a specified entity under section 66b or 66c of the
*Anti-Money Laundering, Anti-Terrorism Financing and
Proceeds of Unlawful Activities Act 2001;
“terrorist property” means—
(a)
proceeds from the commission of a terrorist act;
(b)
property that has been, is being, or is likely to be used to commit a terrorist act;
(c)
property that has been, is being, or is likely to be used by a terrorist, terrorist entity or terrorist group;
(d)
property owned or controlled by or on behalf of a terrorist, terrorist entity or terrorist group, including funds derived or generated from such property; or
(e)
property that has been collected for the purpose of providing support to a terrorist, terrorist entity or terrorist group or funding a terrorist act.
*NOTE—Previously known as the Anti-Money Laundering and Anti-Terrorism Financing
Act 2001. See section 2 of the Anti-Money Laundering and Anti-Terrorism Financing (Amendment)
Act 2014 [Act A1467] w.e.f. 1 September 2014—see P.U. (B) 400/2014.
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(2)
For the purposes of this Chapter, “terrorist act” means an act or threat of action within or beyond Malaysia where—
(a)
the act or threat falls within subsection (3) and does not fall within subsection (4);
(b)
the act is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c)
the act or threat is intended or may reasonably be regarded as being intended to—
(i)
intimidate the public or a section of the public; or
(ii)
influence or compel the Government of
Malaysia or the Government of any State in Malaysia, any other government, or any international organization to do or refrain from doing any act.
(3)
An act or threat of action falls within this subsection if it—
(a)
involves serious bodily injury to a person;
(b)
endangers a person’s life;
(c)
causes a person’s death;
(d)
creates a serious risk to the health or the safety of the public or a section of the public;
(e)
involves serious damage to property;
(f)
involves the use of firearms, explosives or other lethal devices;
(g)
involves releasing into the environment or any part of the environment or distributing or exposing the public or a section of the public to—
(i)
any dangerous, hazardous, radioactive or harmful substance;
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(ii)
any toxic chemical; or
(iii)
any microbial or other biological agent or toxin;
(h)
is designed or intended to disrupt or seriously interfere with, any computer systems or the provision of any services directly related to communications infrastructure, banking or financial services, utilities, transportation or other essential infrastructure;
(i)
is designed or intended to disrupt, or seriously interfere with, the provision of essential emergency services such as police, civil defence or medical services;
(j)
involves prejudice to national security or public safety;
(k)
involves any combination of any of the acts specified in paragraphs (a) to (j), and includes any act or omission constituting an offence under the Aviation Offences Act 1984 [Act 307].
(4)
An act or threat of action falls within this subsection if it—
(a)
is advocacy, protest, dissent or industrial action; and
(b)
is not intended—
(i)
to cause serious bodily injury to a person;
(ii)
to endanger the life of a person;
(iii)
to cause a person’s death; or
(iv)
to create a serious risk to the health or safety of the public or a section of the public.
(5)
For the purposes of subsection (2)—
(a)
a reference to any person or property is a reference to any person or property wherever situated, within or outside
Malaysia; and
(b)
a reference to the public includes a reference to the public of a country or territory other than Malaysia.
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Suppression of terrorist acts and support for terrorist acts
Committing terrorist acts 130c. (1) Whoever, by any means, directly or indirectly, commits a terrorist act shall be punished—
(a)
if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and
(b)
in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
(2)
Where in any criminal proceeding it is necessary to decide whether any item or substance is a weapon, a hazardous, radioactive or harmful substance, a toxic chemical or a microbial or other biological agent or toxin, a certificate purporting to be signed by an appropriate authority to the effect that the item or substance described in the certificate is a weapon, a hazardous, radioactive or harmful substance, a toxic chemical or a microbial or other biological agent or toxin shall be sufficient evidence of the facts stated in it.
Providing devices to terrorist groups 130d. Whoever knowingly provides or offers to provide any explosive or other lethal device to—
(a)
a terrorist group;
(b)
a member of a terrorist group; or
(c)
any other person for use by, or for the benefit of, a terrorist group or a member of a terrorist group, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine.
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Recruiting persons to be members of terrorist groups or to participate in terrorist acts 130e. Whoever knowingly recruits, or agrees to recruit, another person to be a member of a terrorist group or to participate in the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
Providing training and instruction to terrorist groups and persons committing terrorist acts 130f. Whoever knowingly provides training or instruction, or agrees to provide training or instruction—
(a)
in the making or use of any explosive or other lethal device;
(b)
in carrying out a terrorist act; or
(c)
in the practice of military exercises or movements, to a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
Receiving training and instruction from terrorist groups and persons committing terrorist acts 130fa. Whoever receives training or instruction, or agrees or arranges to receive training or instruction—
(a)
in the making or use of any explosive or other lethal device;
(b)
in carrying out a terrorist act; or
(c)
in the practice of military exercises or movements, from a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
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Attendance at place used for terrorist training 130fb. (1) Whoever attends at any place, within or outside
Malaysia—
(a)
knowing or having reason to believe that instruction or training is being provided there wholly or partly for the purposes connected with the commission or preparation of a terrorist act; or
(b)
where he could not reasonably have failed to understand that instruction or training was being provided there wholly or partly for such purposes, shall be punished with imprisonment for a term which may extend to ten years, or with fine.
(2)
For the purposes of this section, it shall be irrelevant—
(a)
whether the person concerned receives the instruction or training himself; and
(b)
whether the instruction or training is provided for purposes connected with one or more particular terrorist act.
(3)
References in this section to instruction or training being provided include references to instruction or training being made available.
Inciting, promoting or soliciting property for the commission of terrorist acts 130g. Whoever knowingly—
(a)
incites or promotes the commission of a terrorist act;
(b)
incites or promotes membership in a terrorist group; or
(c)
solicits property for the benefit of a terrorist group or for the commission of a terrorist act, shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
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Providing facilities in support of terrorist acts 130h. Whoever being—
(a)
the owner, occupier, lessee or person in charge of any building, premises, room or place knowingly permits a meeting of persons to be held in that building, premises, room or place;
(b)
the master, charterer, lessee, operator or agent of a vessel or the operator, charterer, lessee, agent or pilot in charge of an aircraft knowingly permits that vessel or aircraft to be used; or
(c)
the owner, lessee or person in charge of any equipment or facility that allows for recording or conferencing or meetings via technology knowingly permits that equipment or facility to be used, for the purposes of committing an offence under this Chapter, shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
Directing activities of terrorist groups 130i. Whoever intentionally directs the activities of a terrorist group shall be punished—
(a)
if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and
(b)
in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
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Soliciting or giving support to terrorist groups or for the commission of terrorist acts 130j. (1) Whoever knowingly and in any manner solicits support for, or gives support to—
(a)
any terrorist group; or
(b)
the commission of a terrorist act, shall be punished with imprisonment for a term not exceeding forty years, or with fine, and shall also be liable to forfeiture of any property used or intended to be used in connection with the commission of the offence.
(2)
For the purposes of subsection (1), “support” includes—
(a)
an offer to provide, or the provision of, forged or falsified travel documents to a member of a terrorist group;
(b)
an offer to provide, or the provision of, a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;
(c)
entering or remaining in any country for the benefit of, or at the direction of or in association with a terrorist group;
(d)
becoming a member of or professing membership of a terrorist group;
(e)
arranging, managing or assisting in arranging or managing a meeting to further the activities of a terrorist group;
(f)
using or possessing property for the purpose of committing or facilitating the commission of a terrorist act;
(g)
accumulating, stockpiling or otherwise keeping firearms, explosives, ammunition, poisons or weapons to further the activities of a terrorist group;
(h)
arranging, managing or assisting in arranging or managing the transportation of persons to further the activities of a terrorist group;
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(i)
travelling to, entering or remaining in any foreign country to further the activities of a terrorist group or to commit a terrorist act;
(j)
encouraging or inducing any person to leave Malaysia to further the activities of a terrorist group or to commit a terrorist act; or
(k)
using social media or any other means to—
(i)
advocate for or to promote a terrorist group, support for a terrorist group or the commission of a terrorist act; or
(ii)
further or facilitate the activities of a terrorist group.
Travelling to, through or from Malaysia for the commission of terrorist acts in foreign country 130ja. Whoever, whether or not a citizen or permanent resident of Malaysia, travels to, through or from Malaysia with intent to travel to a foreign country or any part of that foreign country, whether directly or through any other country or territory, for the purpose of the commission or the preparation for the commission of a terrorist act in a foreign country shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.
Possession, etc. of items associated with terrorist groups or terrorist acts 130jb. (1) Whoever—
(a)
has possession, custody or control of; or
(b)
provides, displays, distributes or sells, any item associated with any terrorist group or the commission of a terrorist act shall be punished with imprisonment for a term not exceeding seven years, or with fine, and shall also be liable to forfeiture of any such item.
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(2)
In this section—
“item” includes publications, visual recordings, flags, banners, emblems, insignia and any other thing displaying symbols associated with a terrorist group, terrorist act or ideology of a terrorist group;
“publications” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof.
Offence to build, etc. conveyance for use in terrorist acts 130jc. Whoever—
(a)
builds or agrees to build or causes to be built any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act;
(b)
issues or delivers any commission for any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act;
(c)
equips any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act; or
(d)
dispatches or causes or allows to be dispatched any conveyance with intent or knowledge or having reasonable grounds to believe that the conveyance will be employed in or by a terrorist group to further the activities of a terrorist group or to commit a terrorist act, shall be punished with imprisonment for a term not exceeding thirty years, or with fine, and shall also be liable to forfeiture of any such conveyance.
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Preparation of terrorist acts 130jd. (1) Whoever, with the intention of committing a terrorist act or assisting another to commit a terrorist act, engages in any conduct in preparation for giving effect to such intention shall be punished with imprisonment for a term not exceeding seven years, and shall also be liable to fine.
(2)
For the purposes of subsection (1), it shall be irrelevant whether the intention and preparation relate to one or more particular terrorist act.
Harbouring persons committing terrorist acts 130k. Whoever harbours, or prevents, hinders or interferes with the arrest of any person knowing or having reason to believe that such person—
(a)
has committed or is planning or is likely to commit a terrorist act; or
(b)
is a member of a terrorist group, shall be punished with imprisonment for a term not exceeding forty years, and shall also be liable to fine, or with fine.
Member of a terrorist group 130ka. Whoever is a member of a terrorist group shall be punished with imprisonment which may extend to forty years and shall also be liable to a fine.
Criminal conspiracy 130l. (1) Whoever conspires with another person who is in
Malaysia to do any act without and beyond Malaysia, being an act, which if done in Malaysia would have constituted an offence under this Chapter shall be deemed to have criminally conspired to do that act in Malaysia.
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(2)
Whoever conspires with another person in any place without and beyond Malaysia to do any act in Malaysia that constitutes an offence under this Chapter shall be deemed to have criminally conspired in Malaysia to do that act.
Intentional omission to give information relating to terrorist acts 130m. Whoever knowing or having reason to believe that any offence punishable under sections 130c to 130l has been or will be committed intentionally omits to give any information respecting that offence, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Suppression of financing of terrorist acts
Providing or collecting property for terrorist acts 130n. Whoever, by any means, directly or indirectly, provides or collects or makes available any property intending, knowing or having reasonable grounds to believe that the property will be used, in whole or in part, to commit a terrorist act shall be punished—
(a)
if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes;
and
(b)
in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine, and shall also be liable to forfeiture of any property so provided or collected or made available.
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Providing services for terrorist purposes 130o. (1) Whoever, directly or indirectly, provides or makes available financial services or facilities—
(a)
intending that the services or facilities be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act, or for the purpose of benefiting any person who is committing or facilitating the commission of a terrorist act; or
(b)
knowing or having reasonable grounds to believe that, in whole or in part, the services or facilities will be used by or will benefit any terrorist, terrorist entity or terrorist group, shall be punished—
(aa) if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes;
and
(bb) in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
(2)
For the purposes of subsection (1), “financial services or facilities” includes the services and facilities offered by lawyers and accountants acting as nominees or agents for their clients.
Arranging for retention or control of terrorist property 130p. Whoever knowingly enters into an arrangement that facilitates the acquisition, retention or control by or on behalf of another person of terrorist property by concealment, by a removal out of jurisdiction, by transfer to a nominee or in any other way shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine and to forfeiture of any property so acquired, retained or controlled.
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Dealing with terrorist property 130q. (1) Whoever knowingly deals, directly or indirectly, in any terrorist property shall be punished with imprisonment for a term which may extend to twenty years, or with fine and shall also be liable to forfeiture of any property so dealt with.
(2)
For the purposes of subsection (1), “deals in” includes—
(a)
acquiring or possessing any terrorist property;
(b)
entering into or facilitating, directly or indirectly, any transaction in respect of terrorist property;
(c)
converting, concealing or disguising terrorist property; or
(d)
providing any financial or other services in respect of any terrorist property to or for the benefit of, or at the direction or order of, any terrorist, terrorist entity or terrorist group.
Accepting gratification to facilitate or enable terrorist acts 130qa. Whoever accepts gratification to facilitate or enable the commission of any terrorist act shall be punished—
(a)
if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes;
and
(b)
in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
Intentional omission to give information about terrorist property 130r. Whoever—
(a)
having possession, custody or control of any terrorist property; or
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(b)
having information about any transaction or proposed transaction in respect of any terrorist property, intentionally omits to give any information respecting that matter, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Intentional omission to give information relating to terrorism financing offence 130s. Whoever knowing or having reason to believe that any offence punishable under section 130n, 130o, 130p or 130q has been or will be committed intentionally omits to give any information respecting that offence, which he is legally bound to give, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.
Offences by body corporate 130t. Where an offence under section 130n, 130o, 130p or 130q has been committed by a body corporate, any person who, at the time of the commission of the offence, was a person responsible for the management or control of the body corporate, which includes a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that—
(a)
the offence was committed without his consent or connivance; and
(b)
he had exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Non-application of Offenders Compulsory Attendance Act 1954
and sections 173a, 293 and 294 of the Criminal Procedure Code 130ta. The Offenders Compulsory Attendance Act 1954 [Act 461]
and sections 173a, 293 and 294 of the Criminal Procedure Code shall not apply to an offence under this Chapter.
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Chapter VIb
ORGANIZED CRIME
Interpretation in relation to this Chapter 130u. In this Chapter—
“organized criminal group” means a group of two or more persons, acting in concert with the aim of committing one or more serious offences, in order to obtain, directly or indirectly, a material benefit, power or influence.
Member of an organized criminal group 130v. (1) Whoever is a member of an organized criminal group shall be punished with imprisonment for a term *of not less than five years and not more than twenty years.
(2)
Until the contrary is proved, a person shall be presumed to be a member of an organized criminal group where—
(a)
such person can be identified as belonging to an organized criminal group; or
(b)
such person is found with a scheduled weapon as specified under the Corrosive and Explosive Substances and
Offensive Weapons Act 1958 [Act 357].
Assisting an organized criminal group 130w. Whoever assists an organized criminal group to further the interest of that group shall be punished with imprisonment for a term which may extend to ten years.
Harbouring member of an organized criminal group 130x. Whoever harbours, or prevents, hinders or interferes with the arrest of a member of an organized criminal group shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.
*NOTE—Previously “which may extend to five years”–see section 7 of Penal Code (Amendment)
Act 2014 [Act A1471].
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Consorting with an organized criminal group 130y. Whoever without reasonable excuse, consorts with a member of an organized criminal group shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to fine.
Recruiting persons to be members of an organized criminal group 130z. Whoever knowingly recruits, or agrees to recruit, another person to be a member of an organized criminal group shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Participation in an organized criminal group 130za. Whoever participates in an organized criminal group—
(a)
knowing or having reason to believe that it is an organized criminal group; and
(b)
knowing, or having reason to believe that, or being reckless as to whether, his participation in that group contributes to the occurrence of any criminal activity, shall be punished with imprisonment for a term which may extend to ten years, and shall be liable to fine.
Accepting gratification to facilitate or enable organized criminal activity 130zb. Whoever accepts gratification to facilitate or enable any organized criminal activity shall be punished—
(a)
if the act results in death, with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; and
(b)
in any other case, with imprisonment for a term of not less than seven years but not exceeding thirty years, and shall also be liable to fine.
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Enhanced penalties for offences committed by an organized criminal group or member of an organized criminal group 130zc. (1) Any organized criminal group or a member of an organized criminal group convicted of any serious offence under this Code or under any written law shall be punished with imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping.
(2)
Any organized criminal group or a member of an organized criminal group convicted of any non-serious offence under this Code or under any written law shall be punished with imprisonment for a term of not less than two years and not more than twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping.