Akta Bantuan Guaman 1971
Applies to: Federal Act — see s 10 (Application for legal aid in criminal cases) · Official text ↗
- Defines the scope of legal aid services, including criminal and civil cases, legal advice, mediation, and legal companion services (s 2A(1)).
- Restricts the provision of legal aid services to citizens of Malaysia only (s 2A(2)).
- Sets out the process for applying for legal aid in criminal cases, including the right to apply within fourteen days of committal, charge, or conviction (s 10(3)).
- Establishes the criteria for granting legal aid certificates based on reasonable grounds and financial means (s 15(2)).
- Details the conditions for civil legal aid, including the requirement for applications to be made to the Director General of Legal Aid (s 13(1)).
- Specifies the right to legal advice on matters specified in the Schedules, subject to the applicant's inability to afford it (s 29(1), s 29(4)).
- Provides for the cancellation of legal aid certificates and the resulting stay of proceedings for fourteen days (s 19(1), s 19(3)).
- Imposes penalties for making false statements in applications for legal aid or advice (s 31).
- Parliament has since passed the Legal Aid and Public Defence Act 2026 (Act 878), which comes into operation on dates the Minister appoints — check with the Legal Aid Department which Act applies to your case
What this law is
The Legal Aid Act 1971 (Akta Bantuan Guaman 1971) is numbered Act 26 in the Laws of Malaysia. Where it applies is set out in section 10 (Application for legal aid in criminal cases).
Its long title, as printed in the official text: An Act to make provisions for the grant of legal aid to certain persons and for matters connected with it.
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 IA — Legal aid services (ss 2A–2B)
- Part II — Administration (ss 3–9)
- Part III — Legal aid in criminal cases (ss 10–11)
- Part IV — Legal aid in civil actions (ss 12–28)
- Part V — Legal advice (s 29)
- Part VA — Mediation (ss 29A–29F)
- Part VB — Legal companion services (ss 29G–29I)
- Part VI — General (ss 30–33)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Time within which a person may apply for legal aid in criminal cases after committal, charge, or conviction | fourteen days | s 10(3) |
| Period for which proceedings are stayed upon cancellation of a legal aid certificate | fourteen days | s 19(3) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Knowingly making any false statement or false representation in an application for legal aid or advice | fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both | s 31 |
Laws cited on this page
| Act 26 | Legal Aid Act 1971 Akta Bantuan Guaman 1971 | 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 2 | Defines key terms such as 'aided person', 'court', 'legal aid', and 'mediation' for the purposes of the Act. |
| s 2A | Lists the types of legal aid services available, including criminal and civil legal aid, legal advice, mediation, and legal companion services, and states that these are available only to Malaysian citizens. |
| s 10 | Outlines the process for applying for legal aid in criminal cases, including the timeframe for application and the requirement for a statutory declaration. |
| s 11 | Describes the process for issuing a free legal aid certificate, including the role of the Director of Social Welfare in assessing the applicant's means. |
| s 12 | Specifies that civil proceedings eligible for legal aid are those listed in the Third Schedule, which the Minister can amend. |
| s 13 | Details the application process for civil legal aid, including the requirement for a prescribed form and statutory declaration, and special provisions for infants. |
| s 15 | States that the Director General may grant a legal aid certificate if the applicant has reasonable grounds and meets the prescribed criteria and means tests. |
| s 18 | Explains the requirement for aided persons to make contributions towards the cost of legal aid and the repayment of excess contributions. |
| s 19 | Provides for the cancellation of legal aid certificates and the automatic stay of proceedings for fourteen days upon cancellation. |
| s 29 | Defines the right to legal advice on matters specified in the Schedules, subject to the applicant's inability to afford it, and the scope of such advice. |
| s 31 | Imposes a penalty for knowingly making false statements or representations in an application for legal aid or advice. |
| s 31A | Declares that decisions on granting, refusing, or cancelling legal aid are final and conclusive, with limited appeal rights to the Director General. |
Worked examples
Facts. Ahmad, a Malaysian citizen, is charged with a criminal offence. He is unable to afford a lawyer and wants to apply for legal aid.
The law. Ahmad may apply for legal aid in writing within fourteen days after his charge, accompanied by a statutory declaration verifying the facts (s 10(3), s 10(5)). The judge or Director General may refer his application to the Director of Social Welfare for a report on his means (s 11(1)).
Outcome. If the Director General is satisfied that Ahmad has reasonable grounds and meets the means tests, he may be granted a legal aid certificate (s 15(2)).
Facts. Siti, a guardian, wants to apply for civil legal aid on behalf of her minor child, Ali, who is involved in a civil dispute.
The law. Siti must make the application on behalf of Ali, as he is an infant (s 13(2)). The application must be in the prescribed form and accompanied by a statutory declaration (s 13(1)(b)).
Outcome. If the Director General is satisfied that Ali has reasonable grounds and meets the means tests, a legal aid certificate may be granted (s 15(2)).
Facts. Ravi, a Malaysian citizen, has been granted a legal aid certificate for a civil case. The Director General later decides to cancel the certificate.
The law. The Director General may cancel the legal aid certificate at any time (s 19(1)). Upon filing the notification of cancellation in court, all proceedings in the litigation shall be stayed for fourteen days (s 19(3)).
Outcome. Ravi will cease to be an aided person from the date of filing the notification, and the proceedings will be stayed for fourteen days (s 19(2), s 19(3)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who is eligible for legal aid under this Act?
Legal aid services are available only to citizens of Malaysia (s 2A(2)). The applicant must have reasonable grounds for the proceedings and meet the prescribed criteria and means tests (s 15(2)).
What types of legal aid services are provided?
The services include legal aid in criminal and civil cases, legal advice, mediation services, and legal companion services (s 2A(1)).
How do I apply for legal aid in a criminal case?
You may apply in writing within fourteen days after committal, charge, or conviction, accompanied by a statutory declaration verifying the facts (s 10(3), s 10(5)).
Can I get legal advice if I cannot afford a lawyer?
Yes, legal advice is available to citizens of Malaysia on matters specified in the Schedules, provided you satisfy the Director General that you cannot afford to obtain the advice in the ordinary way (s 29(1), s 29(4)).
What happens if my legal aid certificate is cancelled?
If your legal aid certificate is cancelled, you will cease to be an aided person, and the proceedings in your case will be stayed for fourteen days (s 19(1), s 19(3)).
What are the penalties for making false statements in my application?
If you knowingly make any false statement or false representation in your application, you may be liable to a fine not exceeding one thousand ringgit, imprisonment for a term not exceeding six months, or both (s 31).
All questions & answers → · Ask your own →
Sources
Related
Getting legal helpLegal Aid and Public Defence Act 2026Your rights when arrested