Section 375 Penal Code Malaysia

The act was first enacted in 1936 as fms cap 45 and extended to have effect throughout malaysia with effect from 31 march 1976 by p. The code was then revised and published in the gazette on 31 july 1997. Punishment of offences committed within malaysia 3.

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Section 375 Penal Code Malaysia

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Certain laws not to be affected by this code.

Section 375 penal code malaysia. Section 375 of the penal code defines rape as a man is said to commit rape who has sexual intercourse with a woman against her will without her consent with her consent by putting her in fear of death or hurt with her consent by way of deception with her consent that she is unable to understand the nature and consequences of her consent and with or without her consent when she is. The sole jurisdiction of parliament of malaysia is established over criminal law in malaysia. Penal code section 375a. Maximum 5 years imprisonment.

Maximum 10 years imprisonment or with fine and or whipping. Assault or use of criminal force to a person with intent to outrage modesty. Penal code section 376b. Penal code section 375 rape.

This is the official consolidation including all amendments as at 15 november 1998. 5 kc vohrah j in public prosecutor v nordin bin yusmadi 1996 2 clj 90. Laws of malaysia act 574 penal code arrangement of sections chapter i preliminary section 1. By kasthuri patto malaysian member of parliament.

10 30 years. In malaysia the offence of rape is governed by the penal code and is regarded as a very serious offence as reflected in the punishment provided section 375 of the penal code defines rape as. Husband causing hurt in order to have sexual intercourse. Or is recognized in malaysia as valid is not rape.

4 utusan malaysia 23 september 2005. The revised version entered into force on 7 august 1997. 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. Kanun keseksaan is a law that codifies most criminal offences and procedures in malaysia its official long title is an act relating to criminal offences throughout malaysia 31 march 1976 act a327.

The penal code malay. In the indian penal code section 375 defines rape. Taking note of the inadequacy of law of rape and its failure to safeguard the rights of the innocent victims against the heinous crime the parliament in 1983 and 2013 extensively amended the law of rape so as to make the law more realistic. Punishment of offences committed beyond but which by law may be tried within malaysia 4.

Penal code section 354. Following the latest amendments to the penal code section 375a states a husband who causes hurt or fear of death or hurt to his wife in an attempt to have sexual intercourse can be sentenced up to five years in jail. Extension of code to extraterritorial offences 5. Section 375 g states it is an offence to have sexual intercourse with a girl who is below 16 with or without her consent.

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.