Section 16 — CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2016

(a)

by inserting after the item relating to section 124 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“124BActivity detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to twenty years

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code124CAttempt to commit activity detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to fifteen years124DPrinting, sale,etc., of documents and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to fifteen years124EPossession of documents and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to ten years124FImportation of document and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to five years124GPosting of placards,etc.do.do.do.do.Imprisonment which may extend to five years124HDissemination of informationdo.do.do.do.Imprisonment which may extend to five years124IDissemination of false reportsdo.do.do.do.Imprisonment which may extend to five years124JReceipt of document and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to ten years

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code124KSabotagedo.do.do.do.Imprisonment for life124LAttempt to commit sabotagedo.do.do.do.Imprisonment which may extend to fifteen years124MEspionagedo.do.do.do.Imprisonment for life124NAttempt to commit espionagedo.do.do.do.Imprisonment which may extend to fifteen years";

(b)

by inserting after the item relating to section 130F of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130FAReceiving training and instruction from terrorist groups and persons committing terrorist actsdo.do.do.do.Imprisonment for thirty years, and fine130FBAttendance at place used for terrorist trainingdo.do.do.do.Imprisonment for ten years, or with fine”;

(c)

by inserting after the item relating to section 130J of the Penal Code, the following items under the respective columns:

1

Penal Code Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130JATravelling to, through or from Malaysia for the commission of terrorist acts in foreign countrydo.do.do.do.Imprisonment for thirty years, and fine130JBPossession, etc., of items associated with terrorist groups or terrorist actsdo.do.do.do.Imprisonment for seven years, and fine, and forfeiture of certain property130JCOffence to build, etc., conveyance for use in terrorist actsdo.do.do.do.Imprisonment for thirty years, and fine, and forfeiture of conveyance130JDPreparation of terrorist actsdo.do.do.do.Imprisonment for seven years, and fine”;

(d)

by inserting after the item relating to section 130k of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130KAMember of a terrorist groupdo.do.do.do.Imprisonment which may extend to imprisonment for life, and fine”;

(e)

by inserting after the item relating to section 130Q of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130QAAccepting gratification to facilitate or enable terrorist actsdo.do.do.do.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”;

(f)

by inserting after the item relating to section 130s of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code

"CHAPTER VI B - ORGANIZED CRIME

130vMember of an organized criminal groupMay arrest without warrantWarrantNot bailableNot compoundableImprisonment for not less than five years and not more than twenty years130wAssisting in an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years

Criminal Procedure Code (Amendment)

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code130xHarbouring a member of an organized criminal groupdo.do.do.do.Imprisonment which may extend to five years, and fine130yConsorting with an organized criminal groupdo.do.do.do.Imprisonment for not less than five years and not more than twenty years130zRecruiting persons to be members of an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years, and fine130ZAParticipation in an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years, and fine130zbAccepting gratification to facilitate or enable organized criminal activitydo.do.do.do.If the act results in death, with death, in any other case, with imprisonment not less than seven years but not exceeding thirty years, and fine";

(g)

by inserting after the item relating to section 176 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“176If the notice of information required respects the commission of offences under Chapter VI Bdo.do.do.do.Imprisonment for seven years, or fine, or both”;

(h)

by inserting after the item relating to section 203 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“203ADisclosure of informationdo.do.do.do.Fine not more than one million ringgit, or imprisonment which may extend to one year, or both”;

(i)

in the item relating to section 324 of the Penal Code—

(i)

in column 4, by substituting for the word "do." the word "Warrant";

(ii)

in column 5, by substituting for the word "do." the words "Not bailable"; and

(iii)

in column 7, by substituting for the word "three" the word "ten";

(j)

in the item relating to section 325 of the Penal Code—

(i)

in column 4, by substituting for the word "do." the word "Summons"; and

(ii)

in column 5, by substituting for the word "do." the word "Bailable";

(k)

in the item relating to section 326 of the Penal Code, in column 4, by substituting for the word "do." the word "Warrant";

(l)

by inserting after the item relating to section 326 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“326ACausing hurt by spousedo.do.do.do.Imprisonment for a term twice as long as the maximum term for which he would have been liable on conviction for that offence under the relevant section”;

(m)

by inserting after the item relating to section 352 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“352AUsing criminal force by spousedo.do.do.do.Imprisonment which may extend to six months, or fine which may extend to two thousand ringgit, or both”;

(n)

by inserting after the item relating to section 375A of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“375BGang rapedo.do.do.do.Imprisonment for not less than ten years, and not more than thirty years”;

(o)

in the item relating to subsection 376(2) of the Penal Code, in column 7, by substituting for the word "five" the word "ten";

(p)

in the item relating to section 376B of the Penal Code, in column 7, 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";

(q)

in the item relating to section 377CA of the Penal Code, in column 7, by substituting for the words "twenty years" the words "not less than five years and not more than thirty years";

(r)

in the item relating to section 377E of the Penal Code, in column 7, by substituting for the words "five years" the words "not less than three years and not more than fifteen years";

(s)

by inserting after the item relating to section 411 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“411AReceiving benefit derived from criminal activities of organized criminal groupdo.do.do.do.Imprisonment which may extend to six years”;

(i)

in column 3, by substituting for the words "Shall not arrest without warrant" the words "May arrest without warrant";

(t)

in the item relating to subsection 426 of the Penal Code—

(ii)

in column 4, by substituting for the word "Summons" the word "Warrant";

(iii)

in column 5, by substituting for the word "Bailable" the words "Not bailable"; and

(iv)

in column 7, by substituting for the words "three months" the words "five years";

(u)

in the item relating to section 427 of the Penal Code—

(i)

in column 3, by substituting for the words "Shall not arrest without warrant" the words "May arrest without warrant";

(ii)

in column 5, by substituting for the word "Bailable" the words "Not bailable"; and

(iii)

in column 7, by substituting for the words "two years" the words "not less than one year and not more than five years";

(v)

in the item relating to section 428 of the Penal Code—

(i)

in column 3, by substituting for the words "May arrest without warrant" the word "do.";

(ii)

in column 5, by substituting for the word "do." the word "Bailable"; and

(iii)

in column 7, by substituting for the word "do." the words "Imprisonment which may extend to three years, or with fine, or both";

(w)

by deleting the items relating to section 429 of the Penal Code;

(x)

in the item relating to section 430 of the Penal Code—

(i)

in column 5, by substituting for the word "do." the words "Not bailable"; and

(ii)

in column 7, by substituting for the word "do." the words "Imprisonment for not less than five years and not more than thirty years";

(y)

in the item relating to section 430A of the Penal Code, in column 5, by substituting for the word "do." the word "Bailable"; and

(z)

in the item relating to section 435 of the Penal Code, in column 7, by substituting for the word "seven" the word "fourteen".