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In forceUpdated to 4 Jul 2023
Contents

Chapter II · General Explanations

21. “Public servant”

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The words “public servant” denote a person falling under any of the descriptions hereinafter following:

(a)

(Deleted by L.N. (N.S.) 1 of 1957);

(b)

every Commissioned Officer in the Malaysian Armed

Forces;

(c)

every Judge;

(d)

every officer of a Court whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court to perform any of such duties;

(e)

every juryman or assessor assisting a Court or public servant;

(f)

every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority;

(g)

every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

(h)

every officer of Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

(i)

every officer whose duty it is, as such officer, to take, receive, keep or expend any property, on behalf of

Government, or to make any survey, assessment, or contract on behalf of Government, or to execute any revenue process, or to investigate, or to report on any matter affecting the pecuniary interests of Government, or to make, authenticate, or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of Government, or remunerated by fees or commission for the performance of any public duty;

Penal Code 37

(j)

every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment, or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district.

Explanation 1—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Report

Chapter III

Punishments

Chapter IV

General Exceptions

Chapter V

Abetment

Chapter VI

Chapter VII

Offences Relating to the Armed Forces

Chapter VIII

Offences Against the Public Tranquility

Chapter IX

Offences by, or Relating to, Public Servants

Chapter X

Contempts of the Lawful Authority of Public Servants

Chapter XI

False Evidence and Offences Against Public Justice

Chapter XII

Offences Relating to Coin and Government Stamps

Chapter XIII

Offences Relating to Weights and Measures

Chapter XIV

Offences Affecting the Public Health, Safety, Convenience, Decency and Morals

Chapter XV

Offences Relating to Religion

Chapter XVI

Chapter XVII

Chapter XVIII

Offences Relating to Documents and to Currency Notes and Bank Notes

Chapter XIX

Criminal Breach of Contracts of Service

Chapter XX

Offences Relating to Marriage

Chapter XXI

Defamation

Chapter XXII

Criminal Intimidation, Insult and Annoyance

Chapter XXIII

Attempts to Commit Offences