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Part II

5. Liberty of the person

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In plain English

No person may lose their life or personal liberty except as the law allows. On a complaint of unlawful detention, a high court must release the person unless the detention is lawful. An arrested person must be told why and may consult a lawyer. If not released, they must go before a magistrate within twenty-four hours, with some exceptions.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

No person shall be deprived of his life or personal liberty save in accordance with law.

(2)

Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.

(3)

Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4)

Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate’s authority:

Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day:

Provided further that in its application to a person, other than a citizen, who is arrested or detained under the law relating to immigration, this Clause shall be read as if there were substituted for the words “without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)”

the words “within fourteen days”:

And provided further that in the case of an arrest for an offence which is triable by a Syariah court, references in this Clause to a magistrate shall be construed as including references to a judge of a Syariah court.

(5)

Clauses (3) and (4) do not apply to an enemy alien.

Report

Part III

Chapter 1

Acquisition of Citizenship

Chapter 2

Termination of Citizenship

Chapter 3

Supplemental

Part IV

Chapter 1

The Supreme Head

Chapter 2

The Conference of Rulers

Chapter 3

The Executive

Chapter 4

Federal Legislature

Chapter 5

Legislative procedure

Chapter 6

Capacity as respects property, contracts and suits

Part V

Part VI

Chapter 1

Distribution of legislative powers

Chapter 2

Distribution of executive powers

Chapter 3

Distribution of financial burdens

Chapter 4

Land

Chapter 5

National development

Chapter 6

Federal surveys, advice to States and inspection of State activities

Chapter 7

National Council for Local Government

Chapter 8

Application to States of Sabah and Sarawak

Part VII

Chapter 1

General

Chapter 2

Application to States of Sabah and Sarawak

Part VIII

Part IX

Part X

Part XI

Part II

Part II, and Article 79 shall not apply to any Bill for such a law or any amendment to such a Bill.”.

Part XII

Part XIII

Part XIV

Part XV

Part XV

Part XV, Art. 182 & 183

Part III

Part III: 14-04-1984

Part II

Part II: 16-04-1984