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Abolition of Mandatory Death Penalty Act 2023

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Abolition of Mandatory Death Penalty Act 2023 is Malaysia Act, cited as Act 846 2023, currently marked in force and first recorded in 2023.

Front matterCover and publication detailsOpen

Act 846

ABOLITION OF MANDATORY DEATH

PENALTY ACT 2023

Act 846

Date of Royal Assent

...

...

9 June 2023

Date of publication in the

...

...

16 June 2023

Gazette

Publisher’s Copyright C

(Appointed Printer to the Government of Malaysia).

Abolition of Mandatory Death Penalty 3

Act 846

ABOLITION OF MANDATORY DEATH PENALTY

ACT 2023

Opening note

Preamble

  1. An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows:
(1)

This Act may be cited as the Abolition of Mandatory Death

Penalty Act 2023.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Act 846

ABOLITION OF MANDATORY DEATH

PENALTY ACT 2023

Act 846

Amendment of Acts

The Penal Code [Act 574], the Firearms (Increased Penalties)

Act 1971 [Act 37], the Arms Act 1960 [Act 206], the Kidnapping

Act 1961 [Act 365], the Dangerous Drugs Act 1952 [Act 234], the Strategic Trade Act 2010 [Act 708] and the Criminal Procedure

Code [Act 593] are amended in the manner specified in Parts II,

III, IV, V, VI, VII and VIII respectively.

AMENDMENTS TO THE PENAL CODE

Amendment of section 115

The Penal Code, which is referred to as the “Code” in this

Part, is amended in section 115 by inserting after the words

“which may extend to twenty years” the words “or upwards”.

Amendment of section 118

Section 118 of the Code is amended by inserting after the words

“which may extend to twenty years” the words “or upwards”.

Amendment of section 119

Section 119 of the Code is amended by inserting after the words

“which may extend to twenty years” the words “or upwards”.

Amendment of section 121

Section 121 of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Abolition of Mandatory Death Penalty 9

Amendment of section 121a

Section 121a of the Code is amended by substituting for the words “with death and shall also be liable to fine” the words

“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”.

Amendment of section 121b

Section 121b of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 122

Section 122 of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding twenty years” the words “imprisonment for a term not exceeding forty years”.

Amendment of section 124k

Section 124k of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 124m

Section 124m of the Code is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 125

Section 125 of the Code is amended by substituting for the words “imprisonment for life, to which fine may be added;

or with imprisonment for a term which may extend to twenty years”

the words “imprisonment for a term not exceeding forty years”.

Act 846

Amendment of section 125a

Section 125a of the Code is amended by substituting for the words “imprisonment for life, to which fine may be added;

or with imprisonment for a term which may extend to twenty years”

the words “imprisonment for a term not exceeding forty years”.

Amendment of section 128

Section 128 of the Code is amended by substituting for the words “imprisonment for life, or imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”.

Amendment of section 130

Section 130 of the Code is amended by substituting for the words “imprisonment for life, or imprisonment for a term which may extend to twenty years” the words “imprisonment for a term not exceeding forty years”.

Amendment of section 130b

Subsection 130b(1) of the Code is amended by deleting the definition of “imprisonment for life”.

Amendment of section 130c

Paragraph 130c(1)(a) of the Code is amended by inserting after the words “with death” the words “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”.

Abolition of Mandatory Death Penalty 11

Amendment of section 130d

Section 130d of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding thirty years” the words “imprisonment for a term not exceeding forty years”.

Amendment of section 130i

Paragraph 130i(a) of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 130j

Subsection 130j(1) of the Code is amended by substituting for the words “imprisonment for life or imprisonment for a term not exceeding thirty years” the words “imprisonment for a term not exceeding forty years”.

Amendment of section 130k

Section 130k of the Code is amended by substituting for the words “imprisonment for life, and shall also be liable to fine; or with imprisonment for a term which may extend to twenty years”

the words “imprisonment for a term not exceeding forty years, and shall also be liable to fine”.

Amendment of section 130ka

Section 130ka of the Code is amended by substituting for the words “imprisonment for life” the words “forty years”.

Amendment of section 130n

Paragraph 130n(a) of the Code is amended by inserting after the words “with death” the words “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”.

Act 846

Amendment of section 130o

Paragraph 130o(1)(aa) of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 130qa

Paragraph 130qa(a) of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 130zb

Paragraph 130zb(a) of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 201

Section 201 of the Code is amended by inserting after the words “imprisonment which may extend to ten years”

the words “or upwards”.

Amendment of section 212

Subsection 212(1) of the Code is amended by inserting after the words “imprisonment which may extend to ten years”

the words “or upwards”.

Amendment of section 213

Section 213 of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words

“or upwards”.

Abolition of Mandatory Death Penalty 13

Amendment of section 214

Section 214 of the Code is amended by inserting after the words “imprisonment which may extend to ten years” the words

“or upwards”.

Amendment of section 216

Subsection 216(1) of the Code is amended by inserting after the words “imprisonment for ten years” the words “or upwards”.

Amendment of section 221

Paragraph 221(b) of the Code is amended by inserting after the words “imprisonment for a term which may extend to ten years”

the words “or upwards”.

Amendment of section 302

Section 302 of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 364

Section 364 of the Code is amended by substituting for the words “death or imprisonment for a term which may extend to thirty years and shall, if he is not sentenced to death, also be liable to whipping” the words “imprisonment for a term of not more than thirty years and shall also be punished with whipping”.

Act 846

Amendment of section 374a

Paragraph 374a(a) of the Code is amended by inserting after the words “with death” the words “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”.

Amendment of section 450

Section 450 of the Code is amended by inserting after the words “imprisonment for a term which may extend to twenty years”

the words “or upwards”.

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 121, 121a, 302 or 364 or paragraph 130c(1)(a), 130i(a),

130n(a), 130o(1)(aa), 130qa(a), 130zb(a) or 374a(a) of the Code, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the Code as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

AMENDMENTS TO THE FIREARMS

(INCREASED PENALTIES) ACT 1971

Amendment of section 2

The Firearms (Increased Penalties) Act 1971, which is referred to as the “principal Act” in this Part, is amended in subsection 2(1)

by deleting the definition of “imprisonment for life”.

Amendment of section 3

Section 3 of the principal Act is amended by substituting for the words “be punished with death” the words “be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes”.

Abolition of Mandatory Death Penalty 15

Amendment of section 3a

Section 3a of the principal Act is amended by substituting for the words “be punished with death” the words “be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes”.

Amendment of section 4

Section 4 of the principal Act is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 5

Section 5 of the principal Act is amended by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 7

Section 7 of the principal Act is amended by substituting for subsection (1) the following subsection:

“(1)  Any person trafficking in firearms shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes.”.

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3, 3a or 7 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

Act 846

AMENDMENTS TO THE ARMS ACT 1960

Amendment of section 2

The Arms Act 1960, which is referred to as the “principal Act”

in this Part, is amended in subsection 2(1) by deleting the definition of “imprisonment for life”.

Amendment of section 14

Section 14 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1)  Any person who manufactures an arm or ammunition without a valid licence granted under section 12 or in contravention of any condition imposed under paragraph 12(2)(a) shall, on conviction—

(a)

be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping of not less than six strokes;

and

(b)

in the case of a company, firm, society or body of persons, be punished with a fine not exceeding five million ringgit.”; and

(i)

by substituting for the words “twenty-five thousand ringgit” the words “two hundred and fifty thousand ringgit”; and

(ii)

by substituting for the words “one hundred thousand ringgit” the words “one million ringgit”.

Amendment of section 32

Paragraph 32(1)(a) of the principal Act is amended by substituting for the words “imprisonment for life or for a term not exceeding fourteen years” the words “imprisonment for a term not exceeding forty years”.

Abolition of Mandatory Death Penalty 17

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under paragraph 14(1)(a) of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

AMENDMENT TO THE KIDNAPPING ACT 1961

Amendment of section 3

The Kidnapping Act 1961, which is referred to as the “principal Act” in this Part, is amended in subsection 3(1) by substituting for the words “with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping”

the words “with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping”.

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

Act 846

AMENDMENT TO THE DANGEROUS DRUGS ACT 1952

Amendment of section 39b

The Dangerous Drugs Act 1952, which is referred to as the “principal Act” in this Part, is amended in section 39b—

(a)

in subsection (2), by substituting for the words

“be punished with whipping of not less than fifteen strokes” the words “be punished with whipping of not less than twelve strokes”; and

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 39b of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

AMENDMENTS TO THE STRATEGIC TRADE ACT 2010

Amendment of section 9

The Strategic Trade Act 2010, which is referred to as the “principal Act” in this Part, is amended—

(a)

in subsubparagraph 9(4)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words

“imprisonment for a term of not less than thirty years but not exceeding forty years”;

Abolition of Mandatory Death Penalty 19

(b)

in subsubparagraph 9(5)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words

“imprisonment for a term of not less than thirty years but not exceeding forty years”; and

(c)

in subsubparagraph 9(6)(a)(i)(A) by substituting for the words “imprisonment for natural life” the words

“imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 10

Paragraph 10(2)(a) of the principal Act is amended by substituting for the words “imprisonment for natural life”

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 11

Subparagraph 11(2)(a)(i) of the principal Act is amended by substituting for the words “imprisonment for natural life”

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 12

Subsubparagraph 12(4)(a)(i)(A) of the principal Act is amended by substituting for the words “imprisonment for natural life”

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Transitional

Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under subsubparagraph 9(4)(a)(i)(A), subsubparagraph 9(5)(a)(i)(A), subsubparagraph 9(6)(a)(i)(A), paragraph 10(2)(a), subparagraph 11(2)(a)(i) or subsubparagraph 12(4)(a)(i)(A) of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.

Act 846

Part VIII

AMENDMENTS TO THE CRIMINAL PROCEDURE CODE

Amendment of section 15

The Criminal Procedure Code, which is referred to as the “Code” in this Part, is amended in subsection 15(3) by inserting after the words “punishable with death” the words

“or with imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 172d

Subparagraph 172d(3)(b)(ii) of the Code is amended by substituting for the words “imprisonment for natural life”

the words “imprisonment for a term of not less than thirty years but not exceeding forty years”.

Amendment of section 388

Subsection 388(1) of the Code is amended by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to forty years”.

Amendment of section 425a

Subsection 425a(2) of the Code is amended by substituting for paragraph (c) the following paragraph:

“(c)  imprisonment for a term of not less than thirty years but not exceeding forty years.”.

Amendment of First Schedule

The First Schedule to the Code is amended—

(a)

in the item relating to section 115 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”;

Abolition of Mandatory Death Penalty 21

(b)

in the item relating to section 118 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”;

(c)

in the item relating to section 119 of the Penal Code, in column (2), by inserting after the words “imprisonment for life” the words “or imprisonment for a term which may extend to twenty years or upwards”;

(d)

in the item relating to section 121 of the Penal Code, in column (7), by substituting for the words “imprisonment for life” the words “imprisonment for a term of not less than thirty years but not exceeding forty years”;

(e)

in the item relating to section 121a of the Penal Code, in column (7), by substituting for the words “and fine”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(f)

in the item relating to section 121b of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”;

(g)

in the item relating to section 122 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words

“Imprisonment for a term not exceeding forty years”;

(h)

in the item relating to section 124k of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”;

(i)

in the item relating to section 124m of the Penal Code, in column (7), by substituting for the words “Imprisonment for life” the words “Imprisonment for a term of not less than thirty years but not exceeding forty years”;

Act 846

(j)

in the item relating to section 125 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years and fine;” the words “Imprisonment for a term not exceeding forty years and fine,”;

(k)

in the item relating to section 125a of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years and fine;” the words “Imprisonment for a term not exceeding forty years and fine,”;

(l)

in the item relating to section 128 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words

“Imprisonment for a term not exceeding forty years”;

(m)

in the item relating to section 130 of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for twenty years” the words

“Imprisonment for a term not exceeding forty years”;

(n)

in the item relating to section 130c of the Penal Code, in column (7), by inserting after the word “Death”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(o)

in the item relating to section 130d of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for thirty years” the words

“Imprisonment for a term not exceeding forty years”;

(p)

in the item relating to section 130i of the Penal Code, in column (7), by inserting after the word “Death”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(q)

in the item relating to section 130j of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, or imprisonment for thirty years” the words

“Imprisonment for a term not exceeding forty years”;

Abolition of Mandatory Death Penalty 23

(r)

in the item relating to section 130k of the Penal Code, in column (7), by substituting for the words “Imprisonment for life, and fine; or imprisonment for twenty years”

the words “Imprisonment for a term not exceeding forty years, and fine”;

(s)

in the item relating to section 130ka of the Penal Code, in column (7), by substituting for the words “imprisonment for life” the words “forty years”;

(t)

in the item relating to section 130n of the Penal Code, in column (7), by inserting after the word “Death”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(u)

in the item relating to section 130o of the Penal Code, in column (7), by inserting after the word “Death”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(v)

in the item relating to section 130qa of the Penal Code, in column (7), by substituting for the words “If the act results in death, with death, in any other case, imprisonment for not less than seven years but not exceeding thirty years, and fine” the words “Death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes;

or imprisonment for not less than seven years but not exceeding thirty years, and fine”;

(w)

in the item relating to section 130zb of the Penal Code, in column (7), by substituting for the words “If the act results in death, with death, in any other case, imprisonment for not less than seven years but not exceeding thirty years, and fine” the words “Death or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes;

or imprisonment for not less than seven years but not exceeding thirty years, and fine”;

Act 846

(x)

in the item relating to section 201 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(y)

in the item relating to section 212 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(z)

in the item relating to section 213 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(aa) in the item relating to section 214 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(bb) in the item relating to section 216 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(cc)

in the item relating to section 221 of the Penal Code, in column (2), by inserting after the words “imprisonment for ten years” the words “or upwards”;

(dd)

in the item relating to section 302 of the Penal Code, in column (7), by inserting after the word “Death” the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”;

(ee) in relation to section 307 of the Penal Code, by deleting the item “Attempt by life convict to murder, if hurt is caused” and the particulars relating to it;

(ff) in the item relating to section 364 of the Penal Code, in column (7), by substituting for the words “Death, or imprisonment for thirty years” the words “Imprisonment for a term of not more than thirty years”;

Abolition of Mandatory Death Penalty 25

(gg) in the item relating to section 374a of the Penal Code, in column (7), by inserting after the word “Death”

the words “or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes”; and

(hh) in the item relating to section 450 of the Penal Code, in column (2), by inserting after the words “punishable with imprisonment for life” the words “, imprisonment for twenty years or upwards”.

KUALA LUMPUR

WJW23/0559 16-06-2023

Common questions

What is Abolition of Mandatory Death Penalty Act 2023?
Abolition of Mandatory Death Penalty Act 2023 is Malaysia Act, cited as Act 846 2023, currently marked in force and first recorded in 2023.
Is Abolition of Mandatory Death Penalty Act 2023 still in force?
Yes — Abolition of Mandatory Death Penalty Act 2023 is currently in force.
When did Abolition of Mandatory Death Penalty Act 2023 take effect?
Abolition of Mandatory Death Penalty Act 2023 was first recorded in 2023.
How many sections does Abolition of Mandatory Death Penalty Act 2023 have?
Abolition of Mandatory Death Penalty Act 2023 contains 65 sections.
Where can I read the official version of Abolition of Mandatory Death Penalty Act 2023?
The official text of Abolition of Mandatory Death Penalty Act 2023 is published at lom.agc.gov.my.

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