Is AKTA KANUN KESEKSAAN (PINDAAN) 2014 still in force?

Yes — AKTA KANUN KESEKSAAN (PINDAAN) 2014 is currently in force.

When did AKTA KANUN KESEKSAAN (PINDAAN) 2014 take effect?

AKTA KANUN KESEKSAAN (PINDAAN) 2014 was first recorded in 2014.

How many sections does AKTA KANUN KESEKSAAN (PINDAAN) 2014 have?

AKTA KANUN KESEKSAAN (PINDAAN) 2014 contains 33 sections.

Where can I read the official version of AKTA KANUN KESEKSAAN (PINDAAN) 2014?

The official text of AKTA KANUN KESEKSAAN (PINDAAN) 2014 is published at lom.agc.gov.my.

/akn/my/act/amendment_act/2014/A1471

PENAL CODE (AMENDMENT) ACT 2014

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Type: Amendment Act
Status: In force
Enacted: 2014
Sections: 33
Languages: MS · EN

Quick answer

About this amendment act

PENAL CODE (AMENDMENT) ACT 2014 is Malaysia Amendment Act, cited as Amendment Act A1471 2014, currently marked in force and first recorded in 2014.

Opening note

Preamble

An Act to amend the Penal Code. [ ] ENACTED by the Parliament of Malaysia as follows: Short title

Section 1

This Act may be cited as the Penal Code (Amendment)

Act 2014.

Section 2

New sections 52a and 52b

The Penal Code [Act 574], which is referred to as the “Code”

in this Act, is amended by inserting after section 52 the following sections:

‘ “Non-serious offence”

Quoted provision

Section 52a

The words “non-serious offence” denote an offence punishable with imprisonment for a term of not more than ten years.

Quoted provision

Section 52b

“Serious offence”

The words “serious offence” denote an offence punishable with imprisonment for a term of ten years or more.’.

Penal code (Amendment) Act 2014

New section 75a

Section 3

The Code is amended by inserting after section 75 the following section:

“Punishment of mandatory imprisonment for persons convicted of multiple serious offences 75a. Whoever, having been convicted at least two times of a serious offence and was punished with at least two years of imprisonment for each of those convictions, shall be punished with mandatory imprisonment for the third and subsequent offences and the term of imprisonment shall not be less than double the term of the longer term of imprisonment imposed for the previous convictions.”.

Section 4

Amendment of section 107

The Code is amended in section 107 by inserting after

Explanation 2 the following explanation and illustration:

“Explanation 3 - Whoever masterminds the doing of an act is said to command the doing of that act.

ILLUSTRATION

A, the head of an organized criminal group B, masterminds

C and D to kidnap E. A is guilty of abetment.”.

Section 5

New section 130qa

The Code is amended by inserting after section 130q the following section:

“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; 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.”.

Penal Code (Amendment)

Amendment of section 130u

Section 6

The Code is amended in section 130u by deleting the definition of “serious offence”.

Section 7

Amendment of section 130v

The Code is amended in section 130v—

(a)

by renumbering the existing section as subsection (1);

(b)

in subsection (1), by substituting for the words “which may extend to five years” the words “of not less than five years and not more than twenty years”; and

(c)

by inserting after the renumbered subsection (1) the following subsection:

“(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].”.

New sections 130x, 130y, 130z, 130za, 130zb and 130zc

Section 8

The Code is amended by inserting after section 130w the following sections:

“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.

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 also 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; 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.

Penal Code (Amendment)

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.”.

Amendment of section 176

Section 9

The Code is amended in section 176 by inserting after the words “may extend to two thousand ringgit or with both” the words “and in relation to offences under Chapter VIb, with imprisonment for a term which may extend to seven years, or with fine, or with both”.

Section 10

New section 203a

The Code is amended by inserting after section 203 the following section:

“Disclosure of information 203a. (1) Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both.

(2)

Whoever has any information or matter which to his knowledge has been disclosed in contravention of subsection (1) who discloses that information or matter to any other person shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both.”.

Amendment of section 223

Section 11

The Code is amended in section 223—

(a)

in the shoulder note, by inserting after the word

“servant” the words “and facilitating or enabling any terrorist act, etc.”;

(b)

by renumbering the existing section as subsection (1);

and

(c)

by inserting after the renumbered subsection (1) the following subsection:

“(2) Whoever commits an offence under subsection (1) to facilitate or enable any terrorist act or organized criminal activity 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.”.

Amendment of section 320

Section 12

The Code is amended in paragraph 320(h), by substituting for the words “twenty days” the words “ten days”.

Section 13

Amendment of section 322

The Code is amended in section 322 in the illustration, by substituting for the words “twenty days” the words “ten days”.

Penal Code (Amendment)

Section 14

Amendment of section 324

The Code is amended in section 324—

(a)

by inserting after the words “cause death,” the words

“or any scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons

Act 1958,”; and

(b)

by substituting for the words “three years” the words

“ten years”.

Amendment of section 326

Section 15

The Code is amended in section 326 by inserting after the words “cause death,” the words “or any scheduled weapon as specified under the Corrosive and Explosive Substances and

Offensive Weapons Act 1958,”.

Section 16

New section 326a

The Code is amended by inserting after section 326 the following section:

“Punishment for causing hurt by spouse 326a. Whoever, during the subsistence of a valid marriage, causes hurt to his spouse and commits an offence under section 323, 324, 325, 326, 334 or 335 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 under the relevant section.”.

Section 17

New section 352a

The Code is amended by inserting after section 352 the following section:

“Punishment for using criminal force by spouse 352a. Whoever, during the subsistence of a valid marriage, assaults or uses criminal force on his spouse shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand ringgit, or with both.”.

Section 18

New section 375b

The Code is amended by inserting after section 375a the following section:

“Gang rape 375b. Whoever commits gang rape shall be punished with imprisonment for a term of not less than ten years and not more than thirty years.

Explanation – Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this section.”.

Section 19

Amendment of section 376

The Code is amended in subsection 376(2)—

(a)

by deleting the word “or” at the end of paragraph (f);

(b)

by substituting for the comma at the end of paragraph (g)

a semicolon;

(c)

by inserting after paragraph (g) the following paragraphs:

“(h) when by reason or on occasion of the rape, the woman becomes insane;

(i)

when he knows that he is afflicted with the

Human Immuno-Deficiency Virus (HIV)/Acquired

Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is or may be transmitted to the woman;

(j)

when by reason or on occasion of the rape, the woman commits suicide; or

(k)

when he knew of the mental disability, emotional disorder or physical handicap of the woman at the time of the commission of the crime,”; and

(d)

by substituting for the words “five years” the words “ten years”.

Penal Code (Amendment)

Amendment of section 376b

Section 20

The Code is amended in subsection 376b(1) by substituting for the words “not less than six years and not more than twenty years” the words “not less than ten years and not more than thirty years”.

Section 21

Amendment of section 377ca

The Code is amended in section 377ca by substituting for the words “which may extend to twenty years” the words “of not less than five years and not more than thirty years”.

Section 22

Amendment of section 377e

The Code is amended in section 377e by substituting for the words “which may extend to five years” the words “of not less than three years and not more than fifteen years”.

Section 23

New section 411a

The Code is amended by inserting after section 411 the following section:

“Receiving benefit derived from criminal activities of organized criminal group 411a. (1) Whoever receives from an organized criminal group a benefit that is derived from the criminal activities of the organized criminal group shall be punished with imprisonment for a term which may extend to six years if the person—

(a)

knows that it is an organized criminal group; and

(b)

knows or is reckless as to whether the benefit is derived from criminal activities of the organized criminal group.

(2)

For the purpose of this section, a benefit derived from the criminal activities of an organized criminal group is a benefit derived or realized or substantially derived or realized directly or indirectly from criminal activities of an organized criminal group.”.

Amendment of section 426

Section 24

The Code is amended in section 426 by substituting for the words “three months” the words “five years”.

Section 25

Amendment of section 427

The Code is amended in section 427 by substituting for the words “which may extend to two years” the words “of not less than one year and not more than five years”.

Section 26

Amendment of section 428

The Code is amended in section 428—

(a)

by deleting the words “of the value of five ringgit or upwards”; and

(b)

by substituting for the words “two years” the words “three years”.

Deletion of section 429

Section 27

The Code is amended by deleting section 429.

Section 28

Amendment of section 430

The Code is amended in section 430 by substituting for the words “which may extend to five years” the words “of not less than five years and not more than thirty years”.

Section 29

Amendment of section 430a

The Code is amended in section 430a—

(a)

in the shoulder note, by substituting for the words

“railway engine, train, etc.” the words “any public transportation”;

Penal Code (Amendment)

(b)

by substituting for the word “or” appearing before the word “truck” a comma; and

(c)

by inserting after the word “truck” the words “or any form of public transportation”.

Amendment of section 435

Section 30

The Code is amended in section 435 by substituting for the words “seven years” the words “fourteen years”.

Section 31

Amendment of section 436

The Code is amended in section 436 by inserting after the words “custody of property” the words “or any government facility”.

KUALA LUMPUR

Common questions

What is AKTA KANUN KESEKSAAN (PINDAAN) 2014?: PENAL CODE (AMENDMENT) ACT 2014 is Malaysia Amendment Act, cited as Amendment Act A1471 2014, currently marked in force and first recorded in 2014.
Is AKTA KANUN KESEKSAAN (PINDAAN) 2014 still in force?: Yes — AKTA KANUN KESEKSAAN (PINDAAN) 2014 is currently in force.
When did AKTA KANUN KESEKSAAN (PINDAAN) 2014 take effect?: AKTA KANUN KESEKSAAN (PINDAAN) 2014 was first recorded in 2014.
How many sections does AKTA KANUN KESEKSAAN (PINDAAN) 2014 have?: AKTA KANUN KESEKSAAN (PINDAAN) 2014 contains 33 sections.
Where can I read the official version of AKTA KANUN KESEKSAAN (PINDAAN) 2014?: The official text of AKTA KANUN KESEKSAAN (PINDAAN) 2014 is published at lom.agc.gov.my.