Skip to content
In forceUpdated to 20 May 2022Read it in Bahasa Malaysia

Part VI · Evidence

50. Presumption in certain offences

Feedback & support
(1)

Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.

(2)

Where in any proceedings against any person for an offence under section 161, 162, 163 or 164 of the Penal Code, it is proved that such person has accepted or agreed to accept, or obtained or attempted to obtain any gratification, such person shall be

58

presumed to have done so as a motive or reward for the matters set out in the particulars of the offence, unless the contrary is proved.

(3)

Where in any proceedings against any person for an offence under section 165 of the Penal Code it is proved that such person has accepted or attempted to obtain any valuable thing without consideration or for a consideration which such person knows to be inadequate, such person shall be presumed to have done so with such knowledge as to the circumstances as set out in the particulars of the offence, unless the contrary is proved.

(4)

Where in any proceedings against any person for an offence under paragraph 137(1)(b) of the Customs Act 1967, it is proved that any officer of customs or other person duly employed for the prevention of smuggling has accepted, agreed to accept or attempted to obtain any bribe, gratuity, recompense, or reward, such officer or person shall be presumed to have done so for the neglect or non-performance of his duty as set out in the particulars of the offence, unless the contrary is proved.

Report

Part VII

Prosecution and Trial of Offences

Part VIII

General

Part IX

Repeal and Saving

Schedules