Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Defines the scope of the Act to apply specifically to security offences (s 2).
- Grants police powers to arrest and detain suspects for investigation, including electronic monitoring (s 4).
- Regulates the notification of next-of-kin and consultation with legal practitioners during detention (s 5).
- Establishes special procedures for the use of electronic monitoring devices upon release (s 7).
- Mandates that security offences be tried by the High Court and restricts bail in most cases (ss 12–13).
- Protects the identity of witnesses and allows for the admissibility of intercepted communications and seized documents (ss 16, 20, 24).
- Allows for the recording of statements and confessions by a Sessions Court Judge before trial (s 27).
- Permits the Public Prosecutor to apply for continued detention of an accused pending appeals against an acquittal (s 30).
- No one may be arrested and detained under s 4 solely for political belief or political activity (s 4(3)); the 28-day detention power in s 4(5) must be reviewed every five years and lapses unless Parliament resolves to continue it (s 4(11))
What this law is
The Security Offences (Special Measures) Act 2012 (Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012) is numbered Act 747 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 to provide for special measures relating to security offences for the purpose of maintaining public order and security and for 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 — Special powers for security offences (ss 4–6)
- Part III — Special procedures relating to electronic monitoring device (s 7)
- Part IV — Special procedures relating to sensitive information (ss 8–11)
- Part V — Trial (ss 12–13)
- Part VI — Special procedures relating to protected witness (ss 14–16)
- Part VII — Evidence (ss 17–26)
- Part VIII — Miscellaneous (ss 27–32)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Period of initial detention for investigation | twenty-four hours | s 4(4) |
| Maximum extension of detention by a Superintendent of Police or above | not more than twenty-eight days | s 4(5) |
| Submission of investigation papers to the Public Prosecutor | One week before the expiry of the period of detention under subsection (5) | s 4(9) |
| Delay for consultation with a legal practitioner | not more than forty-eight hours | s 5(2) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Failing to comply with the terms and conditions of the electronic monitoring device | imprisonment for a term of not exceeding three years | s 7(6) |
| Tampering with, or destroying, the electronic monitoring device | imprisonment not exceeding three years and liable to pay for any damage to the electronic monitoring device | s 7(7) |
| Preparing a report in contravention of the protection of a protected witness's identity | imprisonment for a term not exceeding five years and also to a fine not exceeding ten thousand ringgit | s 16(2) |
Laws cited on this page
| Act 574 | Penal Code Kanun Keseksaan Our guide → | PDF · Official ↗ |
| Act 747 | Security Offences (Special Measures) Act 2012 Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012 | PDF · PDF (BM) · Official ↗ |
| Act 770 | Special Measures Against Terrorism in Foreign Countries Act 2015 Akta Langkah-Langkah Khas Menentang Keganasan di Luar Negara 2015 | 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 | The Act applies to security offences, which are defined as the offences specified in the First Schedule (s 3). |
| s 3 | Defines key terms including 'security offences', 'Court' (meaning the Sessions Court), 'sensitive information', 'Minister', and 'protected witness' (s 3). |
| s 4 | Allows police to arrest and detain a person without a warrant if they have reason to believe the person is involved in security offences, with specific limits on detention periods and provisions for electronic monitoring (s 4). |
| s 5 | Requires police to immediately notify the next-of-kin of an arrested person and allow consultation with a legal practitioner, subject to specific delays authorized by a Superintendent of Police or above (s 5). |
| s 7 | Outlines the procedure for attaching an electronic monitoring device to a person released from detention, including the requirement to sign a form and comply with terms, with penalties for non-compliance or tampering (s 7). |
| s 12 | States that all security offences shall be tried by the High Court (s 12). |
| s 13 | Bail is not granted to a person charged with a security offence (s 13(1)), except that a person under eighteen, a woman, or a sick or infirm person — other than for offences under Chapter VIA of the Penal Code or Act 770 — may be released on bail, subject to the Public Prosecutor's application for an electronic monitoring device (s 13(2)). |
| s 16 | Prohibits any report from revealing the name, address, picture, or identifying evidence of a protected witness, with penalties for contravention (s 16). |
| s 20 | Makes all documents or things seized or obtained, whether before or after charge, admissible as evidence in security offence cases (s 20). |
| s 24 | Allows information obtained through interception of communication to be admissible in evidence if authorized by the Public Prosecutor, and protects the methods used for monitoring and surveillance from disclosure (s 24). |
| s 27 | Allows a Sessions Court Judge to record statements or confessions before trial, ensuring they are made without threat, inducement, or promise, and requires an oath or affirmation (s 27). |
| s 30 | Allows the Public Prosecutor to apply for the accused to be remanded in prison pending appeals against an acquittal, with the accused held until all appeals are disposed of (s 30). |
Worked examples
Facts. D is arrested for a security offence. After 24 hours a Superintendent of Police extends his detention by another seven days. When the seven days end he is released but is still needed for the investigation.
The law. Detention may be extended for not more than twenty-eight days in total (s 4(5)). A person released may have an electronic monitoring device attached if the Public Prosecutor applies to the Court, for a period not exceeding the remainder of the detention period allowed under s 4(5) (s 4(6)–(8)).
Outcome. This is the Act's own illustration to s 4: the Court may allow the device to be attached to D for up to twenty-one days.
Facts. Siti, who is suffering from a serious illness, is charged with a security offence. She applies for bail.
The law. Bail is generally not granted for security offences, but a sick or infirm person may be released on bail subject to an application by the Public Prosecutor for an electronic monitoring device (s 13(1)-(2)).
Outcome. Siti may be released on bail if the Public Prosecutor applies for her to be attached with an electronic monitoring device (s 13(2)).
Facts. Ravi is a protected witness in a security offence case. A journalist writes an article revealing Ravi's name and address.
The law. Any report on a protected witness shall not reveal the name, address, picture, or identifying evidence (s 16(1)). Preparing such a report is an offence (s 16(2)).
Outcome. The journalist commits an offence and is liable to imprisonment for up to five years and a fine not exceeding ten thousand ringgit (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 for a security offence?
Yes, a police officer may arrest and detain any person without a warrant if they have reason to believe the person is involved in security offences (s 4(1)). You must be informed of the grounds of arrest as soon as may be (s 4(2)).
How long can I be detained for investigation?
You may be detained for 24 hours for investigation (s 4(4)). A police officer of or above the rank of Superintendent of Police may extend this for up to 28 days (s 4(5)).
Can I see a lawyer immediately after arrest?
You are allowed to consult a legal practitioner of your choice (s 5(1)(b)). However, a Superintendent of Police or above may delay this consultation for up to 48 hours if it would interfere with evidence, lead to harm, alert other suspects, or hinder property recovery (s 5(2)).
Will I be granted bail if charged with a security offence?
Generally no (s 13(1)). A person under eighteen, a woman, or a sick or infirm person may be released on bail, subject to the Public Prosecutor's application for an electronic monitoring device — but not where the charge is under Chapter VIA of the Penal Code (terrorism offences) or the Special Measures Against Terrorism in Foreign Countries Act 2015 (s 13(2)).
Can my identity be revealed if I am a protected witness?
No, any report on a protected witness shall not reveal your name, address, picture, or any evidence likely to lead to your identification (s 16(1)). Violating this is an offence (s 16(2)).
What happens if I am acquitted but the Public Prosecutor appeals?
The Public Prosecutor may apply for you to be remanded in prison pending the filing of a notice of appeal (s 30(1)-(2)). If the appeal is dismissed, they may apply for remand pending a further appeal to the Court of Appeal (s 30(5)-(6)). You shall be held until all appeals are disposed of (s 30(7)).
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Sources
Related
Your rights when arrestedThe criminal process: from police report to verdictCriminal Procedure CodePenal Code