Akta Jenayah Komputer 1997
Applies to: Federal Act · Official text ↗
- Defines key terms such as 'computer', 'data', 'program', and 'unauthorized access' (s 2).
- Criminalizes causing a computer to perform a function with intent to secure unauthorized access to programs or data (s 3).
- Criminalizes unauthorized access with the intent to commit or facilitate further offences involving fraud, dishonesty, or injury (s 4).
- Criminalizes acts that cause unauthorized modification of computer contents, whether permanent or temporary (s 5).
- Criminalizes the wrongful communication of numbers, codes, or passwords to unauthorized persons (s 6).
- Abetting or attempting an offence is punishable as the offence itself; preparatory acts are also punishable, with imprisonment capped at half the maximum term (s 7)
- Grants police powers to search, seize, and arrest, and allows for prosecution only with the consent of the Public Prosecutor (ss 10–12).
What this law is
The Computer Crimes Act 1997 (Akta Jenayah Komputer 1997) is numbered Act 563 in the Laws of Malaysia.
Its long title, as printed in the official text: An Act to provide for offences relating to the misuse of computers.
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 — Offences (ss 3–8)
- Part III — Ancillary and general provisions (ss 9–12)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Unauthorized access to computer material | fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both | s 3(3) |
| Unauthorized access with intent to commit or facilitate further offence | fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both | s 4(3) |
| Unauthorized modification of the contents of any computer | fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; or be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both, if the act is done with the intention of causing injury as defined in the Penal Code | s 5(4) |
| Wrongful communication | fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both | s 6(2) |
| Abetting or attempting an offence | the punishment provided for the offence (s 7(1)); for preparatory acts, imprisonment may not exceed one-half of the maximum term (s 7(2)) | s 7 |
| Obstruction of search | fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both | s 11(2) |
Laws cited on this page
| Act 563 | Computer Crimes Act 1997 Akta Jenayah Komputer 1997 | PDF · PDF (BM) · Official ↗ |
| Act 574 | Penal Code Kanun Keseksaan Our guide → | PDF · 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 | States the short title of the Act and that it comes into force on a date appointed by the Prime Minister via Gazette notification. |
| s 2 | Defines terms like 'computer', 'data', and 'program', and specifies that access is unauthorized if the person is not entitled to control it or lacks consent from those who are. |
| s 3 | Makes it an offence to cause a computer to perform a function with intent to secure unauthorized access to any program or data, knowing that the access is unauthorized. |
| s 4 | Makes it an offence to commit unauthorized access with the intent to commit or facilitate an offence involving fraud, dishonesty, or injury as defined in the Penal Code. |
| s 5 | Makes it an offence to do any act that one knows will cause unauthorized modification of computer contents, regardless of whether the modification is permanent or temporary. |
| s 6 | Makes it an offence to communicate a number, code, password, or other means of access to a computer to anyone other than a person to whom one is duly authorized to communicate. |
| s 7 | A person who abets or attempts an offence under the Act is guilty of that offence and liable to its punishment (s 7(1)). A person who does any act preparatory to or in furtherance of an offence is also guilty of it, but any imprisonment imposed may not exceed half the maximum term (s 7(2)). |
| s 8 | Presumes that a person holding unauthorized program or data has obtained unauthorized access to it, unless the contrary is proved. |
| s 9 | Extends the Act's effect outside Malaysia if the computer, program, or data was in Malaysia or capable of being connected to a computer in Malaysia at the material time. |
| s 10 | Allows Magistrates to issue warrants for police to search premises, seize evidence, and access computer data, and permits warrantless arrest for offences under this Act. |
| s 11 | Makes it an offence to assault, obstruct, or delay police officers in executing their duties under this Act, or to fail to comply with their lawful demands. |
| s 12 | Requires that no prosecution under this Act may be instituted except by or with the written consent of the Public Prosecutor. |
Worked examples
Facts. Ahmad, an employee, uses his work computer to log into his manager's email account without permission to read private messages. He knows he is not authorized to access that account.
The law. Ahmad caused a computer to perform a function with intent to secure access to data he knew was unauthorized (s 3(1)).
Outcome. Ahmad is guilty of an offence under s 3 and liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding five years or both (s 3(3)).
Facts. Siti, a system administrator, sends her master password to her friend Farid via a messaging app, even though she is not authorized to share it with him.
The law. Siti communicated a password to a person other than one to whom she was duly authorized to communicate (s 6(1)).
Outcome. Siti is guilty of an offence under s 6 and liable to a fine not exceeding twenty five thousand ringgit or imprisonment for a term not exceeding three years or both (s 6(2)).
Facts. Ravi writes a script that deletes files from a company server. He runs the script knowing he has no right to alter the data and intends to cause disruption to the company's operations.
The law. Ravi did an act he knew would cause unauthorized modification of computer contents (s 5(1)).
Outcome. Ravi is guilty of an offence under s 5 and liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding seven years or both (s 5(4)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Does this law apply if I commit the offence outside Malaysia?
Yes, the Act has effect outside as well as within Malaysia (s 9(1)). It applies if the computer, program, or data was in Malaysia or capable of being connected to a computer in Malaysia at the material time (s 9(2)).
What counts as 'unauthorized access'?
Access is unauthorized if you are not entitled to control it and you do not have consent from a person who is entitled, or if you exceed any right or consent given to you (s 2(5)).
Can I be punished for trying to commit an offence but failing?
Yes. Attempting or abetting an offence under the Act makes you guilty of that offence, with the same punishment (s 7(1)). Doing an act preparatory to an offence is also an offence, but imprisonment for it may not exceed half the maximum term (s 7(2)).
Who can start a prosecution under this Act?
A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor in writing (s 12).
What happens if I hold data I shouldn't have?
If you have in your custody or control any program, data, or information held in a computer which you are not authorized to have, you are deemed to have obtained unauthorized access to it unless the contrary is proved (s 8).
Can the police search my computer without a warrant?
Generally, a Magistrate must issue a warrant for police to search premises and seize evidence (s 10(1)). However, a police officer of or above the rank of Inspector may exercise these powers without a warrant if they believe delay in obtaining one would frustrate the search (s 10(2)).
All questions & answers → · Ask your own →
Sources
Related
Communications and Multimedia Act 1998Personal Data Protection Act 2010Online Safety Act 2025Penal Code