Criminal Procedure Code · Updated to 1 May 2023 · Chapter X · Temporary Orders in Urgent Cases of Nuisance
98A. Power to issue protection order in cases of stalking
Feedback & supportThe Court may, upon an ex parte application, issue a protection order against a person who is being investigated for or is charged with an offence under section 507A of the Penal Code, and such order shall be effective until the completion of the investigation or disposal of a criminal proceeding, whichever is later.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
An application for a protection order under this section shall be made by—
the victim;
the victim’s counsel; or
in the case where the victim is a child or an incapacitated adult, the guardian, relative or person responsible for the care of such child or incapacitated adult.
A person against whom the protection order is made may apply to set aside the protection order.
The protection order made under this section may be served—
personally;
by registered post to the last known address of the person; or
by electronic means to the electronic address of the person.
Criminal Procedure Code 75
The protection order shall be deemed to be served on the person against whom the order is made if—
the order is sent by registered post to the last known address of the person; or
the order is transmitted to the electronic address of the person.
The protection order issued under subsection (1) shall prohibit the person against whom the order is made from further committing any act under section 507A of the Penal Code.
The Court may, in addition to the order under subsection (6), if it is satisfied that it is necessary for the protection and personal safety of the victim or any other person related to or associated with the victim, prohibit or restrain the person against whom the order is made from going near the victim or any other person related to or associated with the victim at a distance the Court thinks reasonable, and make any other orders as may be necessary.
Any person who contravenes the protection order issued under subsection (1) shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
fine
“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any Court in Malaysia;