Section 376 Penal Code Malaysia

Trial of offences under penal code and other laws 4.

Section 376 penal code malaysia. Criminal procedure code 3 laws of malaysia act 593 criminal procedure code arrangement of sections pa r t 1 preliminary ch a p t e r 1 section 1. A at the time of or immediately before or after the commission of the offence causes hurt to her or to any other person. Amendment to section 376 of the penal code to proceed. Besides that punishment with imprisonment for a term up between 10 to 30 years along with whipping can be imposed on those who committed rape under these circumstances.

Laws of england when applicable pa r t ii provisions as to criminal courts ch a. Penal code section 375 rape. 2 whoever commits rape on a woman under any of the following circumstances. Judge noor hafizah mohd salim imposed the sentences on mohamad hassan rivera 46 after finding him guilty of the two charges framed under section 376 1 of the penal code.

Despite the amended section the penal code still does not criminalise marital rape. Why it need changes. Extension of code to extraterritorial offences 5. According to the penal code section 376 those who committed rape will be punished with imprisonment for a term up to 20 years with whipping.

Wed nov 07 2012. Laws of malaysia act 574 penal code arrangement of sections chapter i preliminary section 1. Minister in the prime minister s department datuk seri mohamed nazri abdul aziz said the proposed amendment involving rape of underage girls was to prevent court judges from using section 294 of. A man is said to commit rape who except in the case hereinafter excepted has sexual intercourse with a woman under circumstances falling under any of the following descriptions.

Certain laws not to be affected by this code. The indictment carries a jail term of up to 20 years and whipping upon conviction. A that he or she did not know that the person with whom he or she had sexual intercourse was a person whose relationship to him or her was such that he or she was not permitted under the law. Or is recognized in malaysia as valid is not rape.

Saving of powers of high court 5. The government will proceed with amending section 376 of the penal code so that those found guilty of raping underage girls and given the mandatory jail sentence cannot refer to another section to reduce the sentence. The heinous statement by minister in the prime minister s department nancy shukri today practically threw the spanner in the works in claiming that the government has decided to keep section 375 of the penal code which legalizes marital rape and has permanently shattered the dogma in this country that women and their rights are. On the first charge the accused was sentenced to 10 years jail and ordered to be given one stroke of the cane after he was found to have raped the 15 years and 11 months old victim at a house in papar on march 18 2018.

Punishment of offences committed within malaysia 3. 1 whoever commits incest shall be punished with imprisonment for a term of not less than ten years and not more than thirty years and shall also be liable to whipping. Punishment of offences committed beyond but which by law may be tried within malaysia 4. 1 subject to subsections 2 3 and 4 whoever commits rape shall be punished with imprisonment for a term which may extend to twenty years and shall also be liable to whipping.