Penal Code (Amendment)1
A BILL
i n t i t u l e d
An Act to amend the Penal Code.
[ ] ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Penal Code (Amendment)
Act 2012.
(2) This Act comes into operation on a date to be appointed
by the Minister by notification in the Gazette.
Amendment of section 4
2. The Penal Code [Act 574], which is referred to as the “Code”
in this Act, is amended in subsection 4(1)—
(a) by substituting for the words “Chapters VI and VI
A” the
words “Chapters VI, VI
A and VI B”; and
(b) by substituting for paragraph (d) the following
paragraph:
“(d) by any person against property belonging to, or
operated or controlled by, in whole or in part,
the Government of Malaysia or the Government

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of any State in Malaysia, including diplomatic
or consular premises of Malaysia, any citizen of
Malaysia, or any corporation created by or under
the laws of Malaysia located outside Malaysia;”.
Amendment of section 107
3. Section 107 of the Code is amended by inserting after
paragraph (a) the following paragraph:
“(aa) commands any person to do that thing;”.
Substitution of explanation to section 120
A
4. The Code is amended in section 120 A—
(a) by substituting for the explanation to the section the
following explanations:
“Explanation 1—It is immaterial whether the illegal act is
the ultimate object of such agreement, or is merely incidental
to that object.
Explanation 2—Where liability for any offence may be incurred
without knowledge on the part of the person committing it of
any particular fact or circumstance necessary for the commission
of the offence, a person shall nevertheless not be guilty of
conspiracy to commit the offence unless he and at least one
other party to the agreement intend or know that that fact or
circumstance shall or will exist at the time when the conduct
constituting the offence is to take place.”
; and
(b) by inserting after the explanations to the section the
following illustrations:
“ILLUSTRATIONS
(a) If A and B agree to embark on a bombing campaign
throughout Malaysia, and either one of them commits
an act in furtherance of the agreement such as acquiring
Ammonium Nitrate fertilizer or other bomb making
components, they will each be guilty of conspiracy to
cause explosions even though no bombing targets were
identified and no bombing was actually attempted.

Penal Code (Amendment)3
(b) A wilfully and knowingly joins an enterprise of
persons consisting of B, C and D where they share a
common criminal purpose to commit certain offences
such as attacking civilian objects, murder and terrorism,
and at least one of them acts on the plan by surveilling
targets or securing a weapon to be used in the attacks.
All four are guilty of conspiracy to attack civilian objects,
and commit murder and terrorism the moment any one
of them acts on the plan.
(c) A and B agree to cheat the Government on a contract
for goods by inflating the price of goods quoted in the
tender document. A and B intend to conceal the real price
of the goods to the Government. A and B are guilty of
conspiring to cheat the Government the moment that one
of them drafts the fraudulent tender document or engages
in any other act in furtherance of the plan.
(d) A, B and C agree to engage in fraud and misuse of
visas, permits or other documents to facilitate a particular
act of terrorism in Malaysia. All three are guilty of
conspiracy to provide support for the commission of a
terrorist act the moment any one of them engages in an
act in furtherance of the plan, such as acquiring the visas
or other materials necessary to produce the fraudulent
documents.”.
Amendment of section 120 B
5. Section 120 B of the Code is amended—
(a) in subsection (2), by substituting for the word
“Whoever” the words “Subject to subsection (3),
whoever”; and
(b) by inserting after subsection (2) the following
subsection:
“(3) If the offence, the commission of which is
the object of the conspiracy, is a minor offence
under the Minor Offences Act 1955 [Act 336] the
punishment for such conspiracy shall not exceed
the maximum punishment provided for such minor
offence.”.

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New sections 124
B to 124 N
6. The Code is amended by inserting after section 124 A the
following sections:
“Activity detrimental to parliamentary democracy
124
B. Whoever, by any means, directly or indirectly, commits
an activity detrimental to parliamentary democracy shall be
punished with imprisonment for a term which may extend
to twenty years.
Attempt to commit activity detrimental to parliamentary
democracy
124
C. Whoever attempts to commit an activity detrimental to
parliamentary democracy or does any act preparatory thereto
shall be punished with imprisonment for a term which may
extend to fifteen years.
Printing, sale, etc., of documents and publication detrimental
to parliamentary democracy
124
D. (1) Whoever, by any means, directly or indirectly,
prints, publicises, sells, issues, circulates or reproduces
any document or publication detrimental to parliamentary
democracy shall be punished with imprisonment for a term
which may extend to fifteen years:
Provided that no person shall be convicted of an offence
under this section if he proves to the satisfaction of the court
that the document or publication in respect of which he is
charged was printed, published, sold, issued, circulated or
reproduced, as the case may be, without his authority, consent
and knowledge, and without any want of due care or caution
on his part, and that he did not know and had no reason to
suspect the nature of the document or publication.

Penal Code (Amendment)5
Possession of documents and publication detrimental to
parliamentary democracy
124
E. (1) Any person who, without lawful excuse, has in
his possession any document or publication detrimental to
parliamentary democracy or any extract therefrom, shall be
punished with imprisonment for a term which may extend
to ten years.
(2) The document and publication referred to in
subsection (1) shall be presumed to be a document or
publication detrimental to parliamentary democracy until the
contrary is proved; and where in any prosecution under this
section it is proved that a person was carrying or had in his
possession or under his control a document or publication
detrimental to parliamentary democracy he shall be deemed
to have known the contents and the nature of the contents
of such document or publication:
Provided that no person shall be convicted of an offence
under this section if he proves to the satisfaction of the
court—
(a) that he was not aware of the contents and the nature of
the contents of the document or publication detrimental
to parliamentary democracy which he was carrying or
had in his possession or under his control; and
(b) that he was carrying or had the document or publication
detrimental to parliamentary democracy in his possession
or under his control in such circumstances that at no
time did he have reasonable cause to believe or suspect
that the document or publication was a document or
publication detrimental to parliamentary democracy.
Importation of document and publication detrimental to
parliamentary democracy
124
F. (1) Any person who imports or attempts to import
or abets the importation of any document or publication
detrimental to parliamentary democracy or without lawful
excuse has in his possession any document or publication
shall be punished with imprisonment for a term which may
extend to five years.

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(2) The document and publication referred to in
subsection (1) shall be presumed to be a document or
publication detrimental to parliamentary democracy until the
contrary is proved; and where in any prosecution under this
section it is proved that a person was carrying or had in his
possession or under his control a document or publication
detrimental to parliamentary democracy he shall be deemed
to have known the contents and the nature of the contents
of such document or publication:
Provided that no person shall be convicted of an offence
under this section if he proves to the satisfaction of the
court—
(a) that he was not aware of the contents and the nature of
the contents of the document or publication detrimental
to parliamentary democracy which he was carrying or
had in his possession or under his control; and
(b) that he was carrying or had the document or publication
detrimental to parliamentary democracy in his possession
or under his control in such circumstances that at no
time did he have reasonable cause to believe or suspect
that the document or publication was a document or
publication detrimental to parliamentary democracy.
Posting of placards, etc.
124
G. Any person who posts or distributes any placard,
circular or other document containing any incitement to
violence, or counselling violent disobedience to the law or
to any lawful order, or likely to lead to any breach of the
peace, shall be punished with imprisonment for a term which
may extend to five years.
Dissemination of information
124
H. Any person who by word of mouth or in writing or
in any newspaper, periodical, book, circular, or other printed
publication or by any other means including electronic means
incites violence, or counsels violent disobedience to the law
or to any lawful order, shall be punished with imprisonment
for a term which may extend to five years.

Penal Code (Amendment)7
Dissemination of false reports
124
I. Any person who, by word of mouth or in writing or
in any newspaper, periodical, book, circular, or other printed
publication or by any other means including electronic means
spreads false reports or makes false statements likely to cause
public alarm, shall be punished with imprisonment for a term
which may extend to five years.
Receipt of document and publication detrimental to
parliamentary democracy
124
J. (1) Any person or any office bearer of any association
or any responsible member or agent of any organization
who receives any document or publication detrimental to
parliamentary democracy shall deliver the same without delay
to a police officer; and any person, office bearer, member or
agent who fails to do so, or who, unless authorized so to do
by a police officer not below the rank of Superintendent of
Police, communicates to any other person, or publishes or
causes to be published the contents of any such document
or publication, shall be punished with imprisonment for a
term which may extend to ten years.
(2) The document and publication referred to in
subsection (1) shall be presumed to be a document or
publication detrimental to parliamentary democracy until the
contrary is proved; and where in any prosecution under this
section it is proved that a person was carrying or had in his
possession or under his control a document or publication
detrimental to parliamentary democracy he shall be deemed
to have known the contents and the nature of the contents
of such document or publication:
Provided that no person shall be convicted of an offence
under this section if he proves to the satisfaction of the
court—
(a) that he was not aware of the contents and the nature of
the contents of the document or publication detrimental
to parliamentary democracy which he was carrying or
had in his possession or under his control; and

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(b) that he was carrying or had the document or publication
detrimental to parliamentary democracy in his possession
or under his control in such circumstances that at no
time did he have reasonable cause to believe or suspect
that the document or publication was a document or
publication detrimental to parliamentary democracy.
Sabotage
124
K. Whoever, by any means, directly or indirectly, commits
sabotage shall be punished with imprisonment for life.
Attempt to commit sabotage
124
L. Whoever attempts to commit sabotage or does any
act preparatory thereto shall be punished with imprisonment
for a term which may extend to fifteen years.
Espionage
124
M. Whoever, by any means, directly or indirectly, commits
espionage shall be punished with imprisonment for life.
Attempt to commit espionage
124
N. Whoever attempts to commit espionage or does any
act preparatory thereto shall be punished with imprisonment
for a term which may extend to fifteen years.”.
Amendment of section 130
A
7. The Code is amended by substituting for section 130 A the
following section:
“130
A. In this Chapter—
(a) “activity detrimental to parliamentary democracy” means
an activity carried out by a person or a group of persons
designed to overthrow or undermine parliamentary
democracy by violent or unconstitutional means;

Penal Code (Amendment)9
(b) “document or publication detrimental to parliamentary
democracy” means any document or publication having
in part or in whole a tendency—
(a) to excite organized violence against persons or
property in Malaysia;
(b) to support, propagate or advocate any act
prejudicial to the security of Malaysia or the
maintenance or restoration of public order therein
or inciting to violence therein or counselling
disobedience to the law thereof or to any lawful
order therein; or
(c) to invite, request or demand support for or
on account of any collection, subscription,
contribution or donation, whether in money or
in kind, for the direct or indirect benefit or use
of persons who intend to act or are about to act,
or have acted, in a manner prejudicial to the
security of Malaysia or to the maintenance of
public order therein, or who incite to violence
therein or counsel disobedience to the law
thereof or any lawful order therein;
(c) “espionage” means an activity to obtain sensitive
information by ulterior or illegal means for the
purpose that is prejudicial to the security or interest
of Malaysia;
(d) “essential services” includes—
(a) water services;
(b) electricity services;
(c) public health services;
(d) banking and financial services;
(e) fire services;
(f) prison services;
(g) postal services;
(h) telecommunication services including the
communication infrastructure;
(i) telegraph services;

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(j) radio communication services including
broadcasting and television services;
(k) port, dock and harbour services and
undertakings;
(l) public transport services by land, sea or air;
or
(m) bulk distribution of fuel and lubricants;
(e) “harbour” includes supplying a person with shelter,
food, drink, money or clothes; or, except by a person
employed in a Government hospital, medicines,
bandages, surgical dressings or any other form of aid
to a person wounded; or arms, ammunition or means
of conveyance, or assisting a person in any way to
evade apprehension;
(f) “imprisonment for life” means (subject to the provisions
of any written law conferring power to grant pardons,
reprieves or respites or suspension or remission of
punishments) imprisonment until the death of the
person on whom the sentence is imposed;
(g) “publication” includes all written, pictorial or printed
matter, and everything of a nature similar to written
or printed matter, whether or not containing any
visible representation, or by its form, shape or in any
other manner capable of suggesting words or ideas,
or an audio recording and every copy, translation and
reproduction or substantial translation or reproduction
in part or in whole thereof;
(h) “sabotage” means—
(a) an act or omission intending to cause harm—
(i) for the interests of foreign powers or
foreign organizations;
(ii) to premises or utilities used for national
defence or for war; or
(iii) to the maintenance of essential services;
or
(b) knowingly producing defective materials, premises
or utilities used for national defence or for
war;

Penal Code (Amendment)11
(i) “sensitive information” means any document, information
and material—
(a) relating to the Cabinet, Cabinet committees and
State Executive Council; or
(b) that concerns sovereignty, national security,
defence, public order, essential public interest
of Malaysia and international relations,
whether or not classified as “Top Secret”, “Secret”,
“Confidential” or “Restricted” by a minister, the
Menteri Besar or Chief Minister of a State or any
public officer appointed by a minister.”.
New section 130
KA
8. The Code is amended by inserting after section 130 K the
following section:
“Member of a terrorist group
130
KA . Whoever is a member of a terrorist group shall be
punished with imprisonment which may extend to imprisonment
for life and shall also be liable to a fine.”.
New Chapter VI
B
9. The Code is amended by inserting after Chapter VI A the
following Chapter:
“C
HAPTER VI B
ORGANIZED CRIME
Interpretation in relation to this Chapter
130
U. In this Chapter—
“organized criminal group” means a group of two or more
persons, acting in concert with the aim of committing one
or more serious offences, in order to obtain, directly or
indirectly, a material benefit, power or influence;

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“serious offence” means any offence punishable with
imprisonment for a term of ten years or more.
Member of an organized criminal group
130
V. Whoever is a member of an organized criminal group
shall be punished with imprisonment for a term which may
extend to five years.
Assisting an organized criminal group
130
W. Whoever assists an organized criminal group to further
the interest of that group shall be punished with imprisonment
for a term which may extend to ten years.”.
EXPLANATORY STATEMENT
This Bill seeks to amend the Penal Code [Act 574] in line with the introduction
of the Security Offences (Special Measures) Act 2012. The amendments
proposed to the Penal Code deal with organized crimes, activities detrimental
to parliamentary democracy, sabotage and espionage.
2. Clause 1 contains the short title and provision on the commencement of
the proposed Act.
3. Clause 2 seeks to amend section 4 on the extension of the Code to
extraterritorial offences. The new Chapter VI
B on organized crime has been
added as an extraterritorial offence under the Code and a new paragraph (d)
has been inserted to replace the existing paragraph. In the new paragraph (d),
offences committed against property operated or controlled by in whole or in
part by the Government of Malaysia or any State Government or any citizen
of Malaysia or any corporation created by or under the laws of Malaysia
located outside Malaysia shall be considered as committed in Malaysia. This
is an enlargement of criminal jurisdiction from the existing paragraph (d). This
enlargement is consistent with the current position of international law.
4. Clause 3 seeks to tackle the situation currently faced by the police with
regard to the mastermind who commands others to carry out criminal acts.
The current position on abetment does not cover those who instruct. In an
organized crime scenario, it is difficult to connect the person who instructs to
the evidence of the crime committed. Thus, the proposed new provision seeks
to make any person who commands another to do a criminal act an abettor.
5. Clause 4 seeks to clarify section 120
A by providing an additional explanation
on criminal conspiracy.

Penal Code (Amendment)13
6. Clause 5 seeks to add a new subsection to section 120 B on punishment
of criminal conspiracy. The new subsection deals with the formula for
the punishment if the offence, the commission of which is the object of
the conspiracy, is a minor offence under the Minor Offences Act 1955
[Act 336].
7. Clause 6 seeks to introduce thirteen offences into Chapter VI (Offences
Against the State). Seven of these are new offences, namely activity detrimental to
parliamentary democracy, attempt to commit activity detrimental to parliamentary
democracy, dissemination of information, sabotage, attempt to commit sabotage,
espionage and attempt to commit espionage. However, the proposed sections
124
D, 124 E, 124 F, 124 G, 124 I and 124 J deal with offences which used to be
in the Internal Security Act 1960 [Act 82] but with modifications.
8. Clause 7 seeks to introduce new definitions into Chapter VI to cater for the
new offences under clause 6. The new definitions are “activity detrimental to
parliamentary democracy”, “document or publication detrimental to parliamentary
democracy”, “espionage”, “essential services”, “publication”, “sabotage” and
“sensitive information”.
9. Clause 8 seeks to introduce a new offence of being a member of a terrorist
group into Chapter VI
A.
10. Clause 9 seeks to introduce a new Chapter VI
B on organized crime. Two
new offences are created, namely being a member of an organized criminal
group which carries a sentence of imprisonment of up to five years and assisting
an organized criminal group which carries a sentence of imprisonment of up
to ten years.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial
expenditure.
[PN(U
2)2839]