Akta Kesalahan Kecil 1955
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Defines key terms like 'public road' and 'cattle' for the Act (s 2).
- Prohibits excessive noise from instruments or speakers that annoy neighbours (s 13).
- Bans insulting words or behaviour intended to provoke a breach of the peace (s 14).
- Regulates nuisances like bathing in forbidden places, spitting, and defacing property (s 15).
- Holds hotel and boarding-house keepers liable for disorderly conduct on their premises (s 18).
- Penalises drunkenness, disorderly behaviour, and unlicensed hawking in public (ss 21, 27).
- Addresses wilful trespass and fraudulent possession of stolen goods (ss 22, 29).
- Allows police to arrest offenders and seize property involved in offences (s 31).
What this law is
The Minor Offences Act 1955 (Akta Kesalahan Kecil 1955) is numbered Act 336 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title and application).
Its long title, as printed in the official text: An Act relating to minor offences.
Read every section, the amendment history and the official copy on our law library page for this Act.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Excessive noise | fine not exceeding one hundred ringgit | s 13(1) |
| Insulting behaviour | fine not exceeding one hundred ringgit | s 14 |
| Bathing, spitting, or obstructing bathers | fine not exceeding one hundred ringgit | s 15(1) |
| Defacing or damaging property | imprisonment not exceeding one year or a fine not exceeding one thousand ringgit or both | s 15(2) |
| Disorderly conduct in hotels | fine not exceeding three hundred ringgit or five hundred ringgit for a second offence | s 18(1) |
| Drunkenness or disorderly behaviour in public | fine not exceeding twenty-five ringgit or imprisonment not exceeding fourteen days; or for a second offence, fine not exceeding one hundred ringgit or imprisonment not exceeding three months or both | s 21 |
| Wilful trespass | fine not exceeding fifty ringgit | s 22 |
| Unlicensed hawking, disorderly prostitution, or begging | fine not exceeding one hundred ringgit or imprisonment not exceeding one month or both | s 27 |
| Fraudulent possession of property | fine not exceeding one thousand ringgit or imprisonment not exceeding one year or both | s 29(1) |
| Repeat fraudulent possession | fine not exceeding five thousand ringgit or imprisonment not exceeding three years or both | s 29(5) |
Laws cited on this page
| Act 336 | Minor Offences Act 1955 Akta Kesalahan Kecil 1955 | 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 applies only to Peninsular Malaysia. |
| s 2 | Defines terms such as 'public road', 'cattle', and 'place of public resort', and deems house arcades abutting streets as public footways. |
| s 13 | Prohibits making excessive noise with drums, horns, or speakers that annoys nearby residents, with exceptions for religious sounds and emergency vehicle horns. |
| s 14 | Makes it an offence to use insulting words or behave in a threatening manner with the intent to provoke a breach of the peace. |
| s 15 | Bans bathing in forbidden public water sources, spitting in public places, and defacing or damaging public or private property without consent. |
| s 18 | Holds keepers of hotels and similar establishments liable for permitting drunkenness, disorderly behaviour, or solicitation on their premises. |
| s 21 | Penalises being drunk and incapable of self-care, or engaging in riotous or indecent behaviour in public roads or places. |
| s 22 | Makes wilful trespass on dwellings, government land, or boats an offence if no significant damage is caused. |
| s 27 | Classifies unlicensed hawkers, disorderly prostitutes, and beggars with other means of livelihood as idle and disorderly persons. |
| s 29 | Penalises possessing or conveying items reasonably suspected of being stolen if the possessor cannot satisfactorily account for them. |
| s 31 | Allows police to arrest offenders without a warrant and seize animals or articles involved in the offence. |
| s 33 | Allows State Legislative Assemblies to pass laws on minor criminal matters prescribed by the Yang di-Pertuan Agong, with limited penalties. |
Worked examples
Facts. Ahmad plays loud music from a speaker in his shop in Kuala Lumpur at 11 p.m., causing annoyance to his neighbour, Siti.
The law. Operating a speaker in a manner that causes annoyance to occupants of nearby premises is an offence (s 13(1)(c)).
Outcome. Ahmad is liable to a fine not exceeding one hundred ringgit (s 13(1)).
Facts. Ravi paints a large mural on the wall of a public building in Penang without the owner's consent.
The law. Writing on or defacing property without authority is an offence (s 15(2)(b)).
Outcome. Ravi is liable to imprisonment not exceeding one year or a fine not exceeding one thousand ringgit or both (s 15(2)).
Facts. Lim is found drunk and stumbling in a public park in Johor Bahru, unable to take care of himself.
The law. Being found drunk and incapable of taking care of oneself in a public place is an offence (s 21).
Outcome. Lim is liable to a fine not exceeding twenty-five ringgit or imprisonment not exceeding fourteen days (s 21).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Does this law apply in Sabah or Sarawak?
No. The Act applies to Peninsular Malaysia only (s 1(2)).
Can I play music loudly in my shop if it annoys my neighbours?
No, operating a speaker in a manner that causes annoyance to occupants of nearby premises is an offence (s 13(1)(c)). You may be fined up to one hundred ringgit (s 13(1)).
Is it illegal to spit in a coffee shop?
Yes, spitting in a coffee shop is an offence unless you spit into a receptacle provided for the purpose or into a drain (s 15(1)(d)). The penalty is a fine not exceeding one hundred ringgit (s 15(1)).
What happens if I trespass on someone's land but don't break anything?
Wilful trespass on premises or land without satisfactory excuse is an offence if no actual damage is caused (s 22). You may be fined up to fifty ringgit (s 22).
Can the police arrest me without a warrant for these offences?
Yes, a police officer may arrest without warrant any person offending in their sight against this Act, unless you give your name and address and satisfy the officer you will answer any summons (s 31(1)).
Are there exceptions to the noise rules?
Yes, the noise rules do not apply to music played by the armed forces, police, or for religious purposes, or to the reasonable use of vehicle horns to avoid accidents (s 13(3)).
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Sources
Related
Police Act 1967Your rights when arrestedRenting and buying propertyThe criminal process: from police report to verdict