Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009
Applies to: Federal Act — see s 67 (Application of provisions of this Act to a prescribed offence) · Official text ↗
- Defines key terms such as 'public body', 'agent', and 'gratification' (s 3).
- Criminalizes the corrupt solicitation, receipt, or giving of gratification to influence official acts (s 16).
- Prohibits agents from accepting or giving gratification related to their principal's affairs (s 17).
- Makes it an offence to bribe an officer of a public body to influence their voting or official duties (s 21).
- Requires persons who receive or are solicited for gratification to report it to the Commission or police (s 25).
- Grants the Commission powers to investigate, examine persons, and conduct searches (ss 29–31).
- Protects the identity of informers and prohibits the disclosure of their information (s 65).
What this law is
The Malaysian Anti-Corruption Commission Act 2009 (Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009) is numbered Act 694 in the Laws of Malaysia. Where it applies is set out in section 67 (Application of provisions of this Act to a prescribed offence).
Its long title, as printed in the official text: An Act to provide for the establishment of the Malaysian Anti-Corruption Commission, to make further and better provisions for the prevention of corruption and for necessary and connected matters.
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 1–3)
- Part II — The malaysian anti-corruption commission (ss 4–12)
- Part III — Provisions on advisory board, special committee and complaints committee (ss 13–15)
- Part IV — Offences and penalties (ss 16–28)
- Part V — Investigation, search, seizure and arrest (ss 29–49)
- Part VI — Evidence (ss 50–57)
- Part VII — Prosecution and trial of offences (ss 58–63)
- Part VIII — General (ss 64–72)
- Part IX — Repeal and saving (ss 73–74)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Offence under sections 16, 17, 20, 21, 22 and 23 | imprisonment for a term not exceeding twenty years; and a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher | s 24(1) |
| Offence under section 18 | imprisonment for a term not exceeding twenty years; and a fine of not less than five times the sum or value of the false or erroneous or defective material particular, where such false or erroneous or defective material particular is capable of being valued, or of a pecuniary nature, or ten thousand ringgit, whichever is the higher | s 24(2) |
| Failure to report gratification given, promised, or offered | a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both | s 25(2) |
| Failure to report soliciting or obtaining of gratification | a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both | s 25(4) |
| Giving false information to the Commission | imprisonment for a term not exceeding ten years, and shall also be liable to a fine not exceeding one hundred thousand ringgit | s 65(3) |
Laws cited on this page
| Act 694 | Malaysian Anti-Corruption Commission Act 2009 Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 | 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 titled the Malaysian Anti-Corruption Commission Act 2009 and came into operation on 1 January 2009. |
| s 3 | This section defines terms used in the Act, including 'public body', 'agent', 'property', and 'financial institution'. |
| s 16 | It is an offence to corruptly solicit, receive, give, promise, or offer gratification to influence a person or officer of a public body in their actions or inactions. |
| s 17 | It is an offence for an agent to corruptly accept or obtain gratification, or for any person to give such gratification to an agent, in relation to the principal's affairs or business. |
| s 21 | It is an offence to offer, solicit, or accept gratification to influence an officer of a public body in their voting, performance of official acts, or showing of favour or disfavour. |
| s 24 | Conviction for offences under sections 16, 17, 20, 21, 22, and 23 carries a penalty of imprisonment for up to twenty years and a fine of at least five times the value of the gratification or ten thousand ringgit, whichever is higher. |
| s 25 | Persons who receive, are promised, or are offered gratification in contravention of the Act must report it to the nearest officer of the Commission or police. |
| s 29 | Reports of offences can be made orally or in writing to an officer of the Commission, and such reports must be kept secret until an accused is charged. |
| s 30 | An officer of the Commission may order a person to attend for examination, produce documents, furnish a written statement on oath, or provide a handwriting or voice sample. |
| s 31 | The Public Prosecutor or a senior officer of the Commission may authorize a search and seizure of premises, persons, or conveyances if there is reasonable cause to suspect evidence of an offence is present. |
| s 48 | It is an offence to obstruct, hinder, or delay an officer of the Commission, or to refuse access to premises or fail to comply with lawful demands during an investigation. |
| s 50 | In proceedings for certain offences, if gratification is proved to have been received or given, it is presumed to have been done corruptly unless the contrary is proved. |
| s 65 | The identity of a person who gives information to the Commission is secret and shall not be disclosed in any proceedings, and giving false information is an offence. |
Worked examples
Facts. Ahmad, an officer at a local council, is offered a cash envelope by a contractor to speed up a permit. He refuses the money but tells no one.
The law. Any person to whom gratification is given, promised or offered in contravention of the Act must report the offer, with the name of the offeror if known, to the nearest officer of the Commission or a police officer (s 25(1)). Failing to do so is an offence (s 25(2)). The contractor's offer itself is an offence (ss 16, 21).
Outcome. Even though he refused, Ahmad commits an offence by not reporting the offer, punishable by a fine not exceeding one hundred thousand ringgit or imprisonment not exceeding ten years or both (s 25(2)).
Facts. Lim is an agent employed by a company to negotiate a contract. He accepts a commission from the other party in exchange for securing the contract for his principal.
The law. Section 17(a) states that an agent commits an offence if he corruptly accepts or obtains gratification as an inducement or reward for doing or forbearing to do any act in relation to his principal's affairs or business.
Outcome. Lim commits an offence under section 17(a) and is liable to imprisonment for a term not exceeding twenty years and a fine of not less than five times the value of the gratification or ten thousand ringgit, whichever is higher (s 24(1)).
Facts. Tan is the owner of a warehouse. Officers of the Commission arrive with a written order to search the premises for evidence of an offence. Tan refuses to let them enter and blocks the door.
The law. Section 48(a) states that any person who refuses any officer of the Commission access to any premises commits an offence. Section 31(2)(a) allows an officer to break open any outer or inner door to enter if necessary.
Outcome. Tan commits an offence under section 48(a) for refusing access. The officers may lawfully break open the door to enter and search the premises (s 31(2)(a)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
What counts as a 'public body' under this Act?
A 'public body' includes the Government of Malaysia, the Government of a State, any local authority, and any department, service, or undertaking of these governments (s 3). It also includes registered societies, sports bodies, co-operative societies, trade unions, and youth societies (s 3). Additionally, it includes any company over which a public body has controlling power or interest (s 3).
Do I have to report if someone offers me a bribe?
Yes, if you are offered, promised, or given gratification in contravention of the Act, you must report it to the nearest officer of the Commission or police officer (s 25(1)). You must also report if gratification is solicited or obtained from you (s 25(3)).
Can the Commission force me to answer questions during an investigation?
Yes, an officer of the Commission may order you to attend for examination and you must disclose all information within your knowledge and answer questions truthfully (s 30(3)). You cannot refuse to answer on the ground that it tends to incriminate you or your spouse (s 30(3)(b)).
Is my identity protected if I give information to the Commission?
Yes, the identity of the person who gives information to the Commission is secret and shall not be disclosed in any civil, criminal, or other proceedings (s 65(1)). The court must conceal or remove any parts of documents that might lead to the discovery of the informer (s 65(2)).
Can the Commission search my home without a warrant?
Generally, a search requires a written order from the Public Prosecutor or a senior officer of the Commission (s 31(1)). However, if an officer has reasonable cause to suspect evidence is present and believes delay in obtaining an order would frustrate the search, they may exercise search powers without a prior order (s 31(3)).
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Sources
Related
Penal CodeThe criminal process: from police report to verdictYour rights when arrested