Child Act 2001 · Updated to 1 Jul 2023 · Chapter · Offences in Relation to the Health and Welfare of Children
31. Ill-treatment, neglect, abandonment or exposure of children
Feedback & supportAny person who, being a person having the care of a child—
abuses, neglects, abandons or exposes the child or acts negligently in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or
sexually abuses the child or causes or permits him to be so abused, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
The Court shall, in addition to any punishment specified in subsection (1), order the person convicted of an offence under that subsection—
Court
“Court” means the Court For Children or any other Court, as the case may require;
to execute a bond with sureties to be of good behavior for such period and on such conditions as the Court thinks fit; and
to perform community service.
If a person who is ordered to execute a bond to be of good behaviour under subsection (2) fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both.
The community service referred to in paragraph (2)(b)—
community service
“community service” means any work, service or course of instruction for the betterment of the public at large under the purview of the Ministry responsible for welfare services;
shall not be less than thirty-six hours and not more than two hundred forty hours in aggregate;
shall be performed within the period not exceeding six months from the date of the order; and
shall be subject to such conditions as may be specified by the Court.
Any person who fails to comply with the order of the
Court to perform community service under paragraph (2)(b)
commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
A parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child.
guardian
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
A person may be convicted of an offence against this section notwithstanding that—
suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or
the child in question has died.
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