Child Act 2001

Child Act 2001 · Act 611
Akta Kanak-Kanak 2001
Applies to: Federal (whole of Malaysia) · Official text ↗

Key points

A child is anyone under 18 (s 2). The Act applies to all children in Malaysia, Muslim and non-Muslim.
A child who is abused, neglected, abandoned or at serious risk is a 'child in need of care and protection' (s 17). A Protector (welfare officer) or the police can take the child into temporary custody (s 18).
Doctors, family members and child care providers must report suspected abuse to a Protector (ss 27 to 29).
Ill-treating, neglecting, abandoning or sexually abusing a child is a crime (s 31); the 2016 amendment raised the maximum to RM50,000 and 20 years' jail.
Children accused of crimes are tried in the Court for Children, in private, and the media cannot identify them (ss 11, 12, 15). Children under 10 cannot be criminally liable (Penal Code s 82).
The Child Act does not set a marriage age; marriage age is set by marriage laws.

What this law covers

The Child Act 2001 (Akta Kanak-Kanak 2001) brought together earlier laws on juvenile courts, child protection and women and girls' protection. It has three broad jobs:

Protection: rescuing and caring for children who are abused, neglected, abandoned, trafficked or at risk;
Offences against children: punishing people who harm, neglect or exploit children;
Children in conflict with the law: a separate, more rehabilitative system for children accused of crimes.

A child (kanak-kanak) means a person under 18. In criminal proceedings it means a person who has reached the age of criminal responsibility under the Penal Code (s 2). The Act is run by the Social Welfare Department (JKM), whose officers act as Protectors (Pelindung), together with the police and the courts.

Child in need of care and protection

Under s 17, a child is in need of care and protection (memerlukan pemeliharaan dan perlindungan) if, among other things:

the child has been, or is at substantial risk of being, physically or emotionally injured or sexually abused by a parent, guardian or extended family member, or the parent fails to protect the child from that;
the parent or guardian neglects or will not provide adequate care, food, clothing and shelter;
the child has no parent or guardian or has been abandoned;
the child needs medical treatment and the parent refuses;
the child's behaviour is harmful and the parent cannot control it;
serious family conflict is causing the child emotional injury.

What happens: a Protector or police officer may take the child into temporary custody (jagaan sementara) (s 18). The child must be brought before a Court for Children within 24 hours (excluding travel time), or before a Magistrate if that is not possible (s 19). The court can then (s 30):

order the parent to sign a bond to care for the child properly;
place the child with a fit and proper person;
place the child under a Protector's supervision;
place the child in a place of safety for up to three years or until 18; or
for an abandoned child, place the child with a suitable foster parent.

The Act puts a legal duty to inform a Protector immediately on people who believe on reasonable grounds that a child has been physically or emotionally injured through ill-treatment, neglect, abandonment or exposure, or sexually abused:

medical officers and registered doctors (s 27);
family members (s 28);
child care providers, such as nurseries and babysitting centres (s 29).

Failing to report is an offence. Anyone else can, and should, report too: call Talian Kasih 15999 (24 hours; WhatsApp 019-261 5999), go to the nearest JKM office, or make a police report. In an emergency, call 999.

Offences against children

Ill-treatment, neglect, abandonment or exposure (s 31): anyone having care of a child who abuses, neglects, abandons or exposes the child in a way likely to cause physical or emotional injury, or sexually abuses the child, commits an offence. The Child (Amendment) Act 2016 raised the maximum penalty to a fine of RM50,000 and 20 years' imprisonment (previously RM20,000 and 10 years). A parent who can afford it but fails to provide adequate food, clothing, medical care or lodging is deemed to neglect the child (s 31(4)).
Leaving a child without reasonable supervision (s 33): for an unreasonable time or in unreasonable conditions, for example leaving a young child alone at home or in a car.
Other parts of the Act cover offences such as using children for begging and the sale or trafficking of children. Online and contact sexual offences against children are dealt with mainly by the Sexual Offences against Children Act 2017.

The 2016 amendments also created a Child Registry of people convicted of offences against children (so employers can screen people who work with children), community service orders for child offenders and for abusive or neglectful parents, and family-based care as an alternative to institutions.

Children accused of crimes and the Court for Children

Age of criminal responsibility. The age is set by the Penal Code, not the Child Act. Nothing done by a child under 10 is an offence (s 82). A child aged 10 to under 12 is not liable if he or she had not yet attained sufficient maturity to understand the nature and consequences of the act (s 83). In January 2026 the government told a UN review that it had no plans to raise the age.

Court for Children (Mahkamah Bagi Kanak-Kanak). A Magistrate sits with two advisers, one of whom must be a woman (s 11). It can try all offences except those punishable with death. Hearings are held apart from other courts and in private (s 12). The media must not publish a child's name, address, school, photo or anything that identifies the child (s 15).

Orders. If an offence is proved, the court may admonish and discharge, bind over on a good behaviour bond, place the child with a relative, order a fine, compensation or costs, make a probation or community service order, or send the child to an approved school or Henry Gurney School (s 91). The words 'conviction' and 'sentence' are not used for children, and a finding of guilt does not carry the usual disqualifications (s 91(2), (3)). The 2016 amendment removed whipping as an order the Court for Children can make. A child cannot be sentenced to death; instead the court orders detention at the pleasure of the Ruler or the Yang di-Pertuan Agong (s 97).

Child marriage: where the law stands

The Child Act protects children under 18, but it does not prohibit child marriage or set a marriage age. That is set by marriage laws:

Non-Muslims: 18, with an exception for a girl of 16 or 17 with the Chief Minister's licence (Law Reform (Marriage and Divorce) Act 1976, s 10).
Muslims: state Islamic family law, generally 18 for men and 16 for women, with marriage below that age allowed with Syariah Court permission. Selangor raised the age to 18 for both in 2018. See Islamic Family Law Act.

The federal government has adopted a national strategy plan on the causes of child marriage and has urged states to raise the minimum age to 18, but as of October 2026 there is no single nationwide ban.

Recent and proposed changes

2016: Child (Amendment) Act 2016 (gazetted July 2016): higher penalties, Child Registry, community service orders, family-based care, whipping removed.
2024 onwards: the Ministry of Women, Family and Community Development said in 2024 that further amendments to the Child Act were being drafted. As of October 2026 we could not confirm that they have been passed. Treat them as proposed only.
Related 2026 bills: Parliament passed the Sexual Offences against Children (Amendment) Bill 2026 in June 2026. An Adoption (Amendment) Bill 2026, tabled in October 2026, proposes aligning the adoption age with the Child Act's under-18 definition.

Laws cited on this page

Act 164	Law Reform (Marriage and Divorce) Act 1976 · Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976	Official text
Act 574	Penal Code · Kanun Keseksaan	Official text
Act 611	Child Act 2001 · Akta Kanak-Kanak 2001	Official text
Act 792	Sexual Offences Against Children Act 2017 · Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017	Official text

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Key sections

Provision	What it says, in plain words
s 2	A child is a person under 18; in criminal matters, a person who has reached the Penal Code age of criminal responsibility.
s 11	Court for Children: a Magistrate with two advisers (one a woman); tries all offences except capital ones.
s 12	Court for Children sits separately and in private.
s 15	Media may not reveal a child's name, address, school or picture.
s 17	Meaning of a child in need of care and protection.
s 18, s 19	Protector or police may take a child into temporary custody; child to be brought before the court within 24 hours.
ss 27 to 29	Doctors, family members and child care providers must report suspected abuse to a Protector.
s 30	Court orders for a child in need of care and protection: bond, fit person, supervision, place of safety, foster care.
s 31	Ill-treatment, neglect, abandonment, exposure or sexual abuse of a child; up to RM50,000 and 20 years since 2016.
s 33	Offence to leave a child without reasonable supervision.
s 91	Orders the Court for Children can make when an offence is proved; no 'conviction' or 'sentence'.
s 97	No death sentence for an offence committed as a child; detention at pleasure instead.
Penal Code ss 82, 83	No criminal liability under 10; ages 10 to 12 liable only if sufficiently mature.

Worked examples

Example 1: Neighbour hears a child being beaten

Facts. Mrs Lim often hears a young boy next door screaming and sees bruises on his arms. She is not related to the family.

The law. The boy may be a child in need of care and protection (s 17(1)(a)). Mrs Lim has no legal duty to report (that falls on doctors, family members and child care providers under ss 27 to 29), but anyone may report. A Protector or the police can take the child into temporary custody (s 18).

Outcome. She should call Talian Kasih 15999 or make a police report. JKM will investigate and, if needed, bring the child before the Court for Children within 24 hours.

Example 2: Toddler left in a car

Facts. Faizal leaves his three-year-old asleep in a locked car in a mall car park for an hour while he shops.

The law. Leaving a child without reasonable supervision for an unreasonable period or in unreasonable conditions is an offence under s 33. If the child is harmed, s 31 (neglect or exposure likely to cause injury) may also apply.

Outcome. Faizal can be charged. The child may also be assessed by JKM. Never leave a young child alone in a car, even briefly.

Example 3: Clinic doctor suspects abuse

Facts. Dr Kumar treats a 5-year-old girl whose injuries do not match the parents' explanation.

The law. Section 27 requires a medical officer or registered medical practitioner who believes on reasonable grounds that a child has been ill-treated or sexually abused to inform a Protector immediately. Failing to do so is an offence.

Outcome. Dr Kumar must notify the Social Welfare Department at once. A government medical officer may also take the child into temporary custody until a Protector or police officer takes over.

Example 4: 14-year-old caught shoplifting

Facts. Aiman, 14, is arrested for stealing from a supermarket.

The law. He is over 12, so he can be criminally responsible. His case goes to the Court for Children (s 11), which sits in private (s 12). The press cannot name him (s 15). If the offence is proved the court can, for example, discharge him with a bond, order probation or community service, or order a fine or compensation (s 91).

Outcome. The focus is rehabilitation. A finding of guilt is not a 'conviction' and does not carry the usual disqualifications. His parents should get legal advice or contact Legal Aid.

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Who counts as a child under Malaysian law?

Under the Child Act 2001, a child is anyone under 18 (s 2). For criminal cases, a child must also have reached the age of criminal responsibility under the Penal Code, which is 10.

How do I report child abuse?

Call Talian Kasih 15999 (24 hours; WhatsApp 019-261 5999), go to the nearest Social Welfare Department (JKM) office, or lodge a police report. In an emergency call 999. Doctors, family members and child care providers have a legal duty to report (ss 27 to 29).

Can the welfare department take my child away?

Yes, if a Protector or police officer is satisfied on reasonable grounds that your child is in need of care and protection (s 18). The child must be brought before a Court for Children within 24 hours (s 19), and the court decides what happens next (s 30). Parents and their lawyers may attend the Court for Children (s 12(3)).

At what age can a child be charged with a crime?

A child under 10 cannot commit an offence (Penal Code s 82). A child aged 10 to under 12 is not liable unless mature enough to understand the act and its consequences (s 83). From 12, a child can be charged, but the case is heard by the Court for Children.

Can a child be caned by the court?

The Child (Amendment) Act 2016 removed whipping from the orders the Court for Children can make. Corporal punishment in schools and at home is a separate question not covered here.

Does the Child Act ban child marriage?

No. The Child Act does not set a marriage age. Non-Muslims are governed by the Law Reform (Marriage and Divorce) Act 1976 (18, or 16 for a girl with the Chief Minister's licence). Muslims are governed by state Islamic family law, which allows younger marriages with Syariah Court permission.

Can newspapers or social media name a child in a court case?

No. Section 15 forbids media reports that reveal the name, address or school of, or any picture identifying, a child involved in criminal proceedings, in care and protection cases, or who is a victim of listed offences. Sharing such details online can also be an offence.

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Law Reform (Marriage and Divorce) Act 1976 Domestic Violence Act 1994 Islamic Family Law (Federal Territories) Act 1984 (Act 303)Penal Code The criminal process: from police report to verdict Family law: marriage, divorce, maintenance and custody Getting legal help