Akta Pemansuhan Hukuman Mati Mandatori 2023
Applies to: Federal Act · Official text ↗
- Murder (Penal Code s 302): the court may now impose death or imprisonment of not less than thirty and not more than forty years, with whipping of at least twelve strokes if not sentenced to death (s 34)
- Removes the mandatory death penalty provision for attempted murder (s 35).
- Changes the penalty for rape from death or life imprisonment to a maximum of 30 years' imprisonment and whipping (s 36).
- Replaces the death penalty for certain firearms offences with 30 to 40 years' imprisonment and whipping (s 41).
- Increases the maximum imprisonment for certain arms offences to 40 years (s 49).
- Ensures that convictions for listed offences are sentenced under the new rules even if the crime happened before the Act started (ss 39, 46, 51, 53, 55, 60).
What this law is
The Abolition of Mandatory Death Penalty Act 2023 (Akta Pemansuhan Hukuman Mati Mandatori 2023) is numbered Act 846 in the Laws of Malaysia.
Its long title, as printed in the official text: An Act to amend the Penal Code, the Firearms (Increased Penalties) Act 1971, the Arms Act 1960, the Kidnapping Act 1961, the Dangerous Drugs Act 1952, the Strategic Trade Act 2010 and the Criminal Procedure Code in order to abolish the mandatory death penalty, to vary the sentence relating to imprisonment for natural life and whipping, and to provide for matters connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–2)
- Part II — (ss 3–39)
- Part III — (ss 40–46)
- Part IV — (ss 47–51)
- Part V — (ss 52–53)
- Part VI — (ss 54–55)
- Part VII — (ss 56–60)
- Part VIII — (ss 61–65)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Murder (Penal Code s 302, as amended) | death, or imprisonment of not less than thirty years but not exceeding forty years and, if not sentenced to death, whipping of not less than twelve strokes | s 34 |
| Rape (Penal Code s 364) | imprisonment for a term of not more than thirty years and shall also be punished with whipping | s 36 |
| Firearms offence (Firearms Act s 3) | imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes | s 41 |
| Arms offence (Arms Act s 32(1)(a)) | imprisonment for a term not exceeding forty years | s 49 |
Laws cited on this page
| Act 37 | Firearms (Increased Penalties) Act 1971 Akta Senjata Api (Penalti Lebih Berat) 1971 | PDF · PDF (BM) · Official ↗ |
| Act 206 | Arms Act 1960 Akta Senjata 1960 | PDF · Official ↗ |
| Act 234 | Dangerous Drugs Act 1952 Akta Dadah Berbahaya 1952 Our guide → | PDF · Official ↗ |
| Act 365 | Kidnapping Act 1961 Akta Penculikan 1961 | PDF · Official ↗ |
| Act 574 | Penal Code Kanun Keseksaan Our guide → | PDF · Official ↗ |
| Act 593 | Criminal Procedure Code Kanun Tatacara Jenayah Our guide → | PDF · PDF (BM) · Official ↗ |
| Act 708 | Strategic Trade Act 2010 Akta Perdagangan Strategik 2010 | PDF · PDF (BM) · Official ↗ |
| Act 846 | Abolition of Mandatory Death Penalty Act 2023 Akta Pemansuhan Hukuman Mati Mandatori 2023 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act is called the Abolition of Mandatory Death Penalty Act 2023 and will start on a date chosen by the Minister and published in the Gazette. |
| s 34 | Amends s 302 of the Penal Code so that murder is punishable with death or imprisonment of not less than thirty years and not more than forty years; a person not sentenced to death must also be whipped with not less than twelve strokes. |
| s 35 | The specific subsection of the Penal Code that previously mandated the death penalty for attempted murder is deleted. |
| s 36 | The penalty for rape is changed to imprisonment for a term not exceeding 30 years and whipping. |
| s 39 | If a person is convicted of certain serious Penal Code offences, they must be sentenced under the new rules even if the offence was committed before this Act came into operation. |
| s 41 | For certain firearms offences, the death penalty is replaced with imprisonment for 30 to 40 years and whipping of at least 12 strokes. |
| s 46 | Convictions for specific firearms offences must be sentenced under the amended law, regardless of when the offence was committed. |
| s 49 | The maximum imprisonment for certain arms offences is increased to 40 years, replacing the previous option of life imprisonment or 14 years. |
| s 51 | Convictions for specific arms offences must be sentenced under the amended law, even if the offence predated the Act. |
| s 53 | Convictions for kidnapping must be sentenced under the amended law, even if the offence was committed before the Act started. |
| s 55 | Convictions for specific dangerous drugs offences must be sentenced under the amended law, even if the offence was committed before the Act started. |
| s 60 | Convictions for specific strategic trade offences must be sentenced under the amended law, even if the offence was committed before the Act started. |
Worked examples
Facts. Ahmad is convicted of murder after the Act came into operation, for an offence committed before that date.
The law. A person convicted of an offence under s 302 of the Penal Code after the Act came into operation is sentenced under the Code as amended, even though the offence was committed earlier (s 39). The amended s 302 allows death or imprisonment of thirty to forty years with whipping (s 34).
Outcome. The court may sentence Ahmad to death, or to imprisonment of not less than thirty and not more than forty years with whipping of not less than twelve strokes (ss 34, 39).
Facts. Lim is convicted of an offence under section 3 of the Firearms (Increased Penalties) Act 1971.
The law. Section 41 amends section 3 of the principal Act to replace the death penalty with imprisonment and whipping (s 41). Section 46 ensures this applies even if the offence was committed before the Act started (s 46).
Outcome. Lim will be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes (s 41).
Facts. Ravi is convicted of an offence under paragraph 32(1)(a) of the Arms Act 1960.
The law. Section 49 amends paragraph 32(1)(a) to substitute the previous penalty with imprisonment for a term not exceeding forty years (s 49).
Outcome. Ravi faces a maximum imprisonment of forty years (s 49).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Does this Act apply to crimes committed before it started?
Yes, for specific offences listed in the Act, the new sentencing rules apply even if the crime happened before the Act came into operation (s 39). This applies to convictions for offences under the Penal Code, Firearms Act, Arms Act, Kidnapping Act, Dangerous Drugs Act, and Strategic Trade Act (ss 39, 46, 51, 53, 55, 60).
What is the penalty for murder now?
Section 302 of the Penal Code, as amended, provides for death or imprisonment of not less than thirty years and not more than forty years; a person not sentenced to death must also be whipped with not less than twelve strokes (s 34). Death is no longer the only sentence.
What happens to the penalty for rape?
The penalty for rape is changed to imprisonment for a term not exceeding thirty years (s 36). The person shall also be punished with whipping (s 36).
Does the Act change the penalty for attempted murder?
Yes, the Act deletes subsection (2) of section 307 of the Penal Code (s 35). This removes the specific mandatory death penalty provision for that offence.
What is the maximum prison term for certain arms offences now?
For offences under paragraph 32(1)(a) of the Arms Act 1960, the maximum imprisonment is now forty years (s 49). This replaces the previous option of life imprisonment or a term not exceeding fourteen years (s 49).
When does this Act start?
The Act comes into operation on a date to be appointed by the Minister by notification in the Gazette (s 1(2)). It does not have a fixed start date in the text itself.
All questions & answers → · Ask your own →
Sources
Related
Penal CodeDangerous Drugs Act 1952The criminal process: from police report to verdictYour rights when arrested