Offences due to fault of another person
(1) Where the commission of an offence by any person (referred to in this section as the “first-mentioned person”) is due to the act or default of another person, that other person who commits the act or default shall, on conviction, be guilty of the offence. (2) For the purpose of subsection (1), any person may be charged with and convicted of the offence, whether or not proceedings are taken against the first-mentioned person.
Defence of personal or domestic use
(1) In any proceedings for an offence, it shall be a defence for the person charged to prove that the commission of the offence was for the purpose of personal or domestic use. (2) Where a body corporate is charged with an offence under this Act, such body corporate shall not be entitled to rely on the defence referred to in this section.
Defence of mistake, accident, etc.
(1) Subject to subsection (2), in any proceedings for an offence, it shall be a defence for the person charged to prove that the commission of the offence was due to— (a) a mistake on his part; (b) reliance on information supplied to him; (c) the act or default of another person; or (d) an accident or some other cause beyond his control, and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such offence by himself or any person under his control. (2) If in any case the defence involves the allegation that the commission of the offence was due to a mistake on his part or to reliance on information supplied to him or to the act or default of another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence unless, within a period of fourteen days of his being charged in Court, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person. (3) In any proceedings for an offence of supplying or offering to supply goods to which a false trade description is applied, it shall be a defence for the person charged to prove that he did not know, and could not with reasonable diligence have ascertained, that the goods did not conform to the description or that the description had been applied to the goods. (4) Where a body corporate is charged with an offence under this Act, such body corporate shall not be entitled to rely on the defence referred to in this section.
Innocent publication of advertisement
In any proceedings for an offence committed by reason of publication of an advertisement, it shall be a defence for the person charged to prove— (a) that he is a person whose business is to publish or arrange for the publication of advertisement; (b) that he received the advertisement for publication in the ordinary course of business; and (c) that he did not know or had no reason to suspect that its publication would amount to an offence under this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 11 January 2022 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).