Failure to give information
Notwithstanding section 13 of the Criminal Procedure Code [Act 593], any person who fails to give information of the commission of or the intention of any other person to commit any offence under this Act, or any offence specified in the Schedule where the victim is a child, to the officer in charge of the nearest police station, commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.
Presumption of age of a child
It is not a defence to a charge for any offence under this Act, or any offence specified in the Schedule where the victim is a child, that an accused believed that the age of the child is or more than that as specified in the respective provisions of such offences at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the child.
Abetment
Any person who abets the commission of any offence punishable under this Act shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence.
Evidence of agent provocateur admissible
(1) Notwithstanding any law or rule of law to the contrary, in any proceedings against any person relating to any offence under this Act, or any offence specified in the Schedule where the victim is a child, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person. (2) Notwithstanding any law or rule of law to the contrary, a conviction of any offence under this Act, or of any offence specified in the Schedule where the victim is a child, solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.
Offence by body corporate
If any offence under this Act, or any offence specified in the Schedule where the victim is a child has been committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, or was in any manner responsible for the management of any of the affairs of such body corporate, or was assisting in such management, shall also be guilty of that offence unless he proves that the offence was committed without his knowledge, consent or connivance, and that he had exercised all due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Non-application of sections 173a, 293 and 294 of the Criminal Procedure Code
Sections 173a, 293 and 294 of the Criminal Procedure Code shall not apply in respect of any offence under this Act, or any offence specified in the Schedule where the victim is a child, if the person convicted of such offence is of or above the age of eighteen years.
Provision regarding whipping
Notwithstanding paragraph 289(c) of the Criminal Procedure Code, if a person convicted of any offence under this Act is a male whom the court considers to be more than fifty years of age, he may still be punishable with whipping.
Rehabilitative counselling
(1) The court may, in addition to any punishment imposed for any offence under this Act, or any offence specified in the Schedule where the victim is a child, order period of rehabilitative counselling on the person convicted of such offence within the period of his detention. (2) The rehabilitative counselling ordered under subsection (1) shall be under the Minister charged with the responsibility for prison.
Police supervision
(1) Notwithstanding subsection 295(1) of the Criminal Procedure Code, whether or not he has previously been convicted of any offence, when a person is convicted of any offence under this Act, or of any offence specified in the Schedule where the victim is a child, the court shall direct that he be subject to the supervision of the police for a period of not less than one year and not more than three years commencing immediately after the expiration of the sentence passed on him. (2) When any person subject to the supervision of the police under subsection (1) is, while still subject to such supervision, sentenced to a term of imprisonment within Malaysia, any term spent in prison shall be excluded from the period of supervision. Schedule
The Minister may, upon consultation with the Public Prosecutor, amend the Schedule by order published in the Gazette, including to exclude or include any offence of any description under any written law. Schedule [Sections 2, 3, 12, 13, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27 and 28] 1. Section 354, 372, 375, 375b, 376, 376a, 376b, 377a, 377b, 377c, 377ca, 377d, 377e or 509 of the Penal Code [Act 574] except— (a) for the purposes of section 24 of this Act relating to the non-application of sections 173a and 294 of the Criminal Procedure Code to a serious offence under the Penal Code; and (b) for the purposes of sections 26 and 27 of this Act relating to sections 376, 377c, 377ca and 377e of the Penal Code 2. Section 14 or 15 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670], in so far as it relates to sexual exploitation, except— (a) for the purposes of section 3 of this Act relating to the application of paragraphs 4(b) and (c) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007; and (b) for the purposes of sections 22 and 23 of this Act 3. Section 31 in so far as it relates to sexual abuse or section 43 of the Child Act 2001 [Act 611] 4. Section 211 or 233 of the Communications and Multimedia Act 1998 [Act 588] except for the purposes of sections 3 and 23 of this Act 5. Section 5 of the Film Censorship Act 2002 [Act 620] except for the purposes of section 23 of this Act
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).