Akta Pencegahan Jenayah 1959
Applies to: Federal Act · Official text ↗
- Arrest without a warrant and remand procedures before a Magistrate (s 3, s 4).
- Release from custody subject to bonds or police supervision (s 7).
- Registration of persons on a Register kept by the Registrar (s 12).
- Requirements for registered persons to attend for fingerprints and photographs (s 13).
- Police supervision orders with specific restrictions and conditions (s 15).
- Prohibitions on consorting with other registered persons and loitering (s 16, s 18).
- Exclusion of judicial review for Board decisions (s 15B).
What this law is
The Prevention of Crime Act 1959 (Akta Pencegahan Jenayah 1959) is numbered Act 297 in the Laws of Malaysia.
Its long title, as printed in the official text: An Act to provide for the more effectual prevention of crime throughout Malaysia and for the control of criminals, members of secret societies, terrorists and other undesirable persons, and for matters incidental thereto.
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 — Powers of arrest and remand (ss 3–7B)
- Part II — Inquiries (ss 8–11)
- Part III — Registration (ss 12–14)
- Part IV — Consequences of registration (ss 15–19)
- Part IVA — Detention orders (ss 19A–19H)
- Part V — General (ss 20–23)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Police officer must refer case to Public Prosecutor | not later than seven days from the date of arrest | s 3(1A) |
| Arrested person taken before Magistrate | within twenty-four hours (excluding the time of any necessary journey) | s 3(2) |
| Initial remand period by Magistrate | twenty-one days | s 4(1)(a) |
| Second remand period by Magistrate | thirty-eight days | s 4(2)(a) |
| Maximum period for bond or police supervision upon release | not exceeding fifty-nine days | s 7(1)(b)(i) |
| Maximum period for police supervision order | not exceeding five years | s 15(1) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Contravening or failing to comply with supervision order | imprisonment for a term not exceeding ten years and not less than two years | s 15(4) |
| Conspiring with, abetting or assisting a registered person to breach restrictions | imprisonment for a term not exceeding ten years and not less than two years | s 15(5) |
| Consorting or habitually associating with another registered person without permission | imprisonment for a term not exceeding fifteen years and not less than five years | s 16(2) |
| Convicted of an offence under the Second Schedule after registration | imprisonment for a term of twice as long as the maximum term... and also to whipping | s 17 |
| Loitering in public places between sunset and sunrise, or being in company of two or more registered persons, or near a place of violence, without satisfactory account | imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both | s 18 |
Laws cited on this page
| Act 297 | Prevention of Crime Act 1959 Akta Pencegahan Jenayah 1959 | 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(2) | The Act applies throughout Malaysia. |
| s 2(1) | Defines key terms such as 'Board', 'Register', 'registered person', and 'terrorist'. |
| s 3(1) | A police officer may arrest a person without a warrant if they have reason to believe grounds exist for an inquiry under the Act. |
| s 3(1A) | The police must refer the case to the Public Prosecutor for direction within seven days of arrest. |
| s 3(2) | An arrested person must be taken before a Magistrate within twenty-four hours, excluding journey time. |
| s 4(1) | A Magistrate may remand a person for twenty-one days if a statement from a police officer of Inspector rank or above is produced, or release them if no such statement is produced. |
| s 4(2) | A Magistrate may remand a person for thirty-eight days if statements from the Public Prosecutor and a police officer of Assistant Superintendent rank or above are produced, or release them if not. |
| s 4(2A) | No person shall be arrested and detained solely for their political belief or political activity. |
| s 7(1) | A Sessions Court Judge may direct the release of a remanded person subject to a bond or police supervision for a period not exceeding fifty-nine days. |
| s 12(1) | The Registrar must keep a Register of persons whose names are entered following a Board decision to reverse or confirm a finding. |
| s 15(1) | The Board may order a registered person to be under police supervision for up to five years, renewable for further periods of up to five years. |
| s 15(4) | A registered person who contravenes or fails to comply with supervision orders is guilty of an offence liable to imprisonment for two to ten years. |
Worked examples
Facts. Ahmad is arrested by a police officer without a warrant because the officer believes there are grounds for an inquiry under the Act. The police officer refers the case to the Public Prosecutor within seven days. Ahmad is taken before a Magistrate within twenty-four hours.
The law. The police officer may arrest without a warrant if there is reason to believe grounds exist for an inquiry (s 3(1)). The case must be referred to the Public Prosecutor within seven days (s 3(1A)). The person must be taken before a Magistrate within twenty-four hours (s 3(2)).
Outcome. If a statement from a police officer of Inspector rank or above is produced, the Magistrate may remand Ahmad for twenty-one days (s 4(1)(a)). If no such statement is produced and there are no other grounds for detention, the Magistrate must direct his release (s 4(1)(b)).
Facts. Lim is a registered person. The Board orders that Lim be subject to police supervision for five years. Lim is required to reside in a specific district and must present himself at the nearest police station at specified times. Lim fails to present himself at the police station as required.
The law. The Board may direct a registered person to be under police supervision for up to five years (s 15(1)). The registered person may be required to present himself at the nearest police station (s 15(2)(e)). A registered person who fails to comply with any order is guilty of an offence (s 15(4)).
Outcome. Lim is guilty of an offence and is liable to imprisonment for a term not exceeding ten years and not less than two years (s 15(4)).
Facts. Tan is a registered person. Police find him at night in a park in the company of two other registered persons, and he cannot satisfactorily explain why.
The law. A registered person found at any time in the company of two or more registered persons, who cannot satisfactorily account for being in that company, commits an offence (s 18(b)). Separately, a registered person must not consort or habitually associate with other registered persons without permission (s 16).
Outcome. Tan is liable under s 18 to imprisonment not exceeding five years or a fine not exceeding ten thousand ringgit or both. If the facts show habitual association without permission, s 16 carries heavier punishment (s 16(2)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can I be arrested without a warrant under this Act?
Yes, a police officer may arrest you without a warrant if they have reason to believe that grounds exist which would justify the holding of an inquiry into your case under this Act (s 3(1)). You must then be taken before a Magistrate within twenty-four hours, excluding journey time (s 3(2)).
What happens if I am remanded in custody?
A Magistrate may remand you for twenty-one days if a statement from a police officer of Inspector rank or above is produced (s 4(1)(a)). If further statements from the Public Prosecutor and a police officer of Assistant Superintendent rank or above are produced, you may be remanded for thirty-eight days (s 4(2)(a)). If no such statements are produced and there are no other grounds for detention, you must be released (s 4(1)(b), s 4(2)(b)).
Can I be detained solely for my political beliefs?
No, no person shall be arrested and detained under this section solely for their political belief or political activity (s 4(2A)).
What restrictions can police supervision include?
The Board may order, among other things, that you live within a specified State, district, mukim, town or village; not move or leave it without the Chief Police Officer's written authority; keep the police informed of where you live; report to the nearest police station at set times; stay indoors during set hours; and not enter specified places (s 15(2)(a)–(g)). Further restrictions are listed in the rest of s 15(2).
What is the penalty for breaking the rules of police supervision?
If you contravene or fail to comply with any order or restriction imposed on you, you are guilty of an offence and liable to imprisonment for a term not exceeding ten years and not less than two years (s 15(4)).
Can I challenge the Board's decision in court?
There shall be no judicial review in any court of any act done or decision made by the Board in the exercise of its discretionary power, except in regard to any question on compliance with any procedural requirement in this Act (s 15B(1)).
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Sources
Related
Your rights when arrestedThe criminal process: from police report to verdictPolice Act 1967Criminal Procedure Code