Section 1. Short title - This Act may be cited as the Penal Code.
Section 2. Punishment of offences committed within Malaysia - Every person shall be liable to punishment under this Code and other laws for every act or omission which is an offence under this Code, and which is committed within Malaysia.
Section 3. Punishment of offences committed beyond, but which by law may be tried within Malaysia - Every person shall be liable to punishment under this Code and other laws for every act or omission which is an offence under this Code, and which is committed beyond Malaysia, but which by law may be tried within Malaysia.
Section 4. Extension of Code to extraterritorial offences - This Code extends to all persons within Malaysia, and to all acts and omissions done or committed by any person within Malaysia, or by any person beyond Malaysia, in relation to Malaysia.
Section 5. Certain laws not to be affected by this Code - Nothing in this Code shall affect the operation of any law which is not inconsistent with this Code.
CHAPTER II GENERAL EXPLANATIONS
Section 6. Definitions in the Code to be understood subject to exceptions - In this Code, every word and expression to which a particular meaning is assigned shall be interpreted accordingly, subject to any exceptions appearing in this Code.
Section 7. Expression once explained is used in the same sense throughout the Code - When any expression is explained in this Code, it shall be interpreted in the same sense throughout the Code.
Section 8. "Gender" - The word "gender" includes both male and female.
Section 9. "Number" - The word "number" includes one and more than one.
Section 10. "Man" and "woman" - The words "man" and "woman" include both male and female.
Section 11. "Person" - The word "person" includes any individual, whether male or female.
Section 12. "Public" - The word "public" includes all persons.
Section 13. (Deleted)
Section 17. "Government" - The word "government" includes the Government of Malaysia.
Section 19. "Judge" - The word "judge" includes any person who is a judge.
Section 20. "Court" - The word "court" includes any court.
Section 21. "Public servant" - The word "public servant" includes any person who is a public servant.
Section 22. "Movable property" - The word "movable property" includes any property which is not immovable.
Section 23. "Wrongful gain" and "wrongful loss" - The words "wrongful gain" and "wrongful loss" include any gain or loss which is not lawful.
Section 24. "Dishonestly" - The word "dishonestly" includes any act or omission which is done or committed with the intention of causing wrongful gain or wrongful loss.
Section 25. "Fraudulently" - The word "fraudulently" includes any act or omission which is done or committed with the intention of deceiving or misleading.
Section 26. "Reason to believe" - The words "reason to believe" include any reason which is sufficient to induce a person to believe.
Section 27. "Property in possession of wife, clerk or servant" - The words "property in possession of wife, clerk or servant" include any property which is in the possession of a wife, clerk or servant.
Section 28. "Counterfeit" - The word "counterfeit" includes any act or omission which is done or committed with the intention of deceiving or misleading.
Section 29. "Document" - The word "document" includes any written or printed matter.
Section 30. "Valuable security" - The words "valuable security" include any security which is valuable.
Section 31. "A will" - The words "a will" include any document which is a will.
Section 32. Words referring to acts include illegal omissions - Any word or expression which refers to an act includes any omission which is illegal.
Section 33. "Act" and "omission" - The words "act" and "omission" include any act or omission which is done or committed.
Section 34. Each of several persons liable for an act done by all, in like manner as if done by him alone - Each of several persons who are jointly liable for an act done by all, shall be liable in like manner as if the act had been done by him alone.
Section 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention - When an act is criminal by reason of its being done with a criminal knowledge or intention, each of several persons who are jointly liable for the act, shall be liable in like manner as if the act had been done by him alone.
Section 36. Effect caused partly by act and partly by omission - When an effect is caused partly by an act and partly by an omission, each of several persons who are jointly liable for the act and omission, shall be liable in like manner as if the effect had been caused by the act and omission of one person.
Section 37. Cooperation by doing one of several acts constituting an offence - When several persons are engaged in the commission of a criminal act, and one of them does one of the acts which constitutes the offence, each of the persons who are engaged in the commission of the act, shall be liable in like manner as if the act had been done by him alone.
Section 38. Several persons engaged in the commission of a criminal act, may be guilty of different offences - When several persons are engaged in the commission of a criminal act, and one of them does one of the acts which constitutes the offence, each of the persons who are engaged in the commission of the act, may be guilty of different offences.
Section 39. "Voluntarily" - The word "voluntarily" includes any act or omission which is done or committed with the intention of causing wrongful gain or wrongful loss.
Section 40. "Offence" - The word "offence" includes any act or omission which is an offence under this Code.
Section 43. "Illegal", "unlawful" and "legally bound to do" - The words "illegal", "unlawful" and "legally bound to do" include any act or omission which is not lawful.
Section 44. "Injury" - The word "injury" includes any harm or damage.
Section 45. "Life" - The word "life" includes any living being.
Section 46. "Death" - The word "death" includes any state of being dead.
Section 47. "Animal" - The word "animal" includes any living being.
Section 48. "Vessel" - The word "vessel" includes any ship or boat.
Section 49. "Year" and "month" - The words "year" and "month" include any period of time.
Section 50. "Section" - The word "section" includes any part of this Code.
Section 51. "Oath" - The word "oath" includes any promise or affirmation.
Section 52. "Good faith" - The word "good faith" includes any act or omission which is done or committed with the intention of causing wrongful gain or wrongful loss.
Section 52A. "Non-serious offence" - The word "non-serious offence" includes any offence which is not punishable with imprisonment.
Section 52B. "Serious offence" - The word "serious offence" includes any offence which is punishable with imprisonment.
CHAPTER III PUNISHMENTS
Section 53-55. (Deleted)
Section 57. Fractions of terms of punishment - When a term of punishment is expressed in fractions, the fraction which is the larger shall be taken as the whole.
Section 59-60. (Deleted)
Section 63-64. (Deleted)
Section 71. Limit of punishment of offence which is made up of several offences - When an offence is made up of several offences, the punishment for the offence shall not exceed the aggregate of the punishments for the several offences.
Section 72. Punishment of a person found guilty of one of several offences, the judgment stating that it is doubtful of which - When a person is found guilty of one of several offences, and the judgment states that it is doubtful of which offence the person is guilty, the person shall be punished for the offence which is the more serious.
Section 73-74. (Deleted)
Section 75. Punishment of persons convicted, after a previous conviction of an offence punishable with three years’ imprisonment - When a person is convicted of an offence punishable with three years’ imprisonment, and the person has previously been convicted of an offence punishable with three years’ imprisonment, the person shall be punished with a term of imprisonment which is not less than three years.
Section 75A. Punishment of mandatory imprisonment for persons convicted of multiple serious offences - When a person is convicted of multiple serious offences, the person shall be punished with a term of imprisonment which is not less than three years.
CHAPTER IV GENERAL EXCEPTIONS
Section 76. Act done by a person bound, or by mistake of fact believing himself bound, by law - When a person does an act which is bound by law, or by mistake of fact believes himself bound by law, the person shall not be liable for the act.
Section 77. Act of Judge when acting judicially - When a Judge does an act which is judicial, the Judge shall not be liable for the act.
