Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeeds of Unlawful Activities Act 2001 · Updated to 1 Mar 2026 · Part IV · Reporting Obligations
28L. Forfeiture of detained cash or bearer negotiable instruments
Feedback & supportSubject to section 61, in any prosecution for an offence under this Part, the court shall make an order for the forfeiture of the cash, bearer negotiable instruments or any other thing which is proved to be the subject-matter or evidence relating to the commission of the offence as it considers appropriate notwithstanding that no person may have been convicted of such offence.
cash
“cash” means coin and printed money (whether of Malaysia or of a foreign State) that— (a) is designated as legal tender; and (b) circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue;
Subject to section 61, where in respect of any cash, bearer negotiable instrument or any thing used in the commission of an offence seized under this Part there is no prosecution or conviction for
bearer negotiable instrument
“bearer negotiable instrument” includes— (a) a traveller’s cheque; (b) any negotiable instrument in bearer form, endorsed without any restriction, made out to a fictitious payee or otherwise in such form that title of such instrument passes upon delivery; and (c) any negotiable instrument that is signed but the name of the payee is omitted;
Anti-Money Laundering, Anti-Terrorism 55
Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities an offence under this Part, the Public Prosecutor shall, before the expiration of eighteen months from the date of the seizure, apply to a judge of the High Court for an order of forfeiture of the cash, bearer negotiable instrument or thing, as the case may be, if he is satisfied that the cash, bearer negotiable instrument or thing is the subject-matter or evidence relating to the commission of such offence.
The judge to whom an application is made under subsection (2)
shall make an order for the forfeiture of the cash, bearer negotiable instrument or any other thing used in the commission of an offence if he is satisfied that the cash, bearer negotiable instrument or thing is the subject-matter or evidence relating to the commission of an offence under this Part.