If you are arrested you must be told why, and you may consult a lawyer of your choice (Federal Constitution, Art 5(3)); you must be brought before a magistrate within 24 hours (Art 5(4)). The Criminal Procedure Code sets out arrest, investigation, remand, charge, bail and trial. Syariah offences by Muslims are prosecuted in the Syariah courts under state law.
What to do first
- Stay calm, ask why you are being arrested and ask to contact a lawyer and your family.
- Free help: the National Legal Aid Foundation (YBGK) assists at the police station and remand stage.
- Victim of a crime: make a police report as soon as possible and keep a copy.
- Never sign a statement you have not read or do not understand.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Arrest, remand, bail | Police; Magistrate | CPC; Federal Constitution Art 5 |
| Criminal trial | Magistrates', Sessions or High Court | CPC; Penal Code |
| Syariah offences (Muslims) | Syariah courts | State Syariah criminal offences law |
Read the guides
Your rights when arrestedThe criminal process: from police report to verdictCriminal Procedure CodePenal CodeSyariah Criminal Offences (Federal Territories) Act 1997 (Act 559)
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Questions people ask
What is the difference between seizable and non-seizable offences?
For a seizable offence the police may arrest without a warrant; for a non-seizable offence they normally need a magistrate's warrant. The classification for each Penal Code offence is in the First Schedule to the CPC.
How long can the police hold me?
No more than 24 hours without a magistrate's order (s 28 and Federal Constitution Art 5(4)). With a remand order under s 117, the total is at most 7 days for offences punishable with less than 14 years, or 14 days for more serious offences. Special laws may allow longer.
Do I have to give a statement to the police?
Under s 112 you must answer truthfully questions about the case, but you may refuse to answer questions whose answers would expose you to a criminal charge, penalty or forfeiture. Ask to consult a lawyer first (s 28A). Read your statement carefully before signing.
What is the difference between cheating and criminal breach of trust?
In cheating (s 415), the offender deceives you into handing over property in the first place. In criminal breach of trust (s 405), you entrusted property to the person lawfully, and they later dishonestly misused it. Both carry imprisonment, whipping and a fine (ss 420 and 406).
Can a child be charged with a crime?
A child under 10 cannot commit an offence (s 82). A child aged 10 to under 12 is not liable if they lacked sufficient maturity to understand the act (s 83). Older children can be charged, but are dealt with in the Court for Children under the Child Act 2001.
Is stalking a crime in Malaysia?
Yes, since 31 May 2023. Section 507A makes stalking punishable with up to 3 years' imprisonment, a fine, or both. It covers online and offline conduct such as repeated unwanted contact, following and monitoring. Victims can also apply for protection orders.
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