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LAWS OF MALAYSIA

REPRINT

Act 365

KIDNAPPING ACT 1961

Incorporating all amendments up to 1 January 2006

PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968

IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

Laws of Malaysia

ACT 365

KIDNAPPING ACT 1961

First enacted

..................

1961 (Act No. 41 of 1961)

& 1963 (Act No. 5 of 1963)

Revised

... ... ... ... ... ... ...

1989 (Act 365 w.e.f.

13 April 1989)

PREVIOUS REPRINT

First Reprint

... ... ... ... ...

2001

Kidnapping

LAWS OF MALAYSIA

Act 365

KIDNAPPING ACT 1961

ARRANGEMENT OF SECTIONS

Section

Short title and application

Interpretation

Abduction, wrongful restraint or wrongful confinement for ransom

Seizure and forfeiture of conveyance

Knowingly receiving ransom

Knowingly negotiating to obtain, or for payment of, ransom

Power to freeze bank account

Public Prosecutor's power to order inspection of books, accounts, receipts,

vouchers or other documents

Public Prosecutor's powers to obtain information

10.

Duty to give information to police

11.

Power to intercept communication

12.

Remand in custody of police

13.

Evidence of accomplice

14.

Evidence of pecuniary resources or property

15.

Protection of informers

16.

Admission of statements in evidence

Laws of Malaysia

ACT 365

Kidnapping

LAWS OF MALAYSIA

Act 365

KIDNAPPING ACT 1961

An Act to provide for the detection and punishment of the offences

of abduction, wrongful restraint and wrongful confinement for

ransom and other related offences and for matters incidental thereto.

[Peninsular Malaysia--21 September 1961;

Sabah and Sarawak--24 February 1989, P.U. (A) 56/1989;

Federal Territory of Labuan--24 February 1989, P.U. (A) 55/1989.]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and

Dewan Rakyat in Parliament assembled, and by the authority of

the same, as follows:

Short title and application

1. (1) This Act may be cited as the Kidnapping Act 1961.

(2) This Act shall apply throughout Malaysia.

Interpretation

2. In this Act--

"bank" means any company carrying on the business of bankers

in Malaysia incorporated by or under any written law or licensed

under any written law and includes the Bank Simpanan Nasional;

"book" includes ledgers, day books, cash books, account books

and all other books and documents used in the ordinary course of

the business of a bank or other person or body of persons, whether

corporate or unincorporate;

"ransom" means any money, price or consideration paid or

demanded for the release of a person abducted or wrongfully

confined or wrongfully restrained;

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ACT 365

"wrongful restraint", "wrongful confinement" and "abduction"

shall have the meanings assigned to them in sections 339, 340 and

362 respectively of the Penal Code [Act 574].

Abduction, wrongful restraint or wrongful confinement for

ransom

3. (1) Whoever, with intent to hold any person for ransom, abducts

or wrongfully confines or wrongfully restrains such person shall

be guilty of an offence and shall be punished on conviction with

death or imprisonment for life and shall, if he is not sentenced to

death, also be liable to whipping.

(2) (Deleted by Act A910).

(3) (Deleted by Act A910).

(4) (Deleted by Act A910).

Seizure and forfeiture of conveyance

4. (1) When any person is abducted or wrongfully confined or

wrongfully restrained in any conveyance with intent to hold such

person for ransom, such conveyance may be seized by any police

officer and, subject to subsection (2) shall be forfeited unless it

is proved to the satisfaction of the Court that the offence of abduction,

wrongful confinement or wrongful restraint for ransom had been

o r was being committed without the knowledge, consent or

connivance of the owner.

(2) No conveyance shall be forfeited under subsection (1) unless

the Court shall have given the owner thereof or his agent an

opportunity of showing cause why such conveyance should not be

forfeited.

Knowingly receiving ransom

5. (1) Whoever receives, has possession of or disposes of any

money or property or any proceeds thereof, which has at any time

been delivered as ransom in connection with any offence punishable

under section 6, knowing that such money or other property has

at any time been delivered as such ransom, shall be guilty of an

offence and shall be punished on conviction with imprisonment

for a term not exceeding ten years and shall also be liable to

whipping.

Kidnapping

(2) For the purpose of subsection (1), a person found to be in

possession of any money or property or any proceeds thereof

which has at any time been delivered as ransom shall, unless the

contrary is proved, be deemed to have knowledge that such money

or other property was delivered as such ransom.

Knowingly negotiating to obtain, or for payment of, ransom

6. (1) Whoever knowingly negotiates or assists in any negotiation

to obtain any ransom shall be guilty of an offence and shall be

punished on conviction with imprisonment for a term not exceeding

ten years and shall also be liable to whipping.

(2) Whoever knowingly negotiates or assists in any negotiation

to pay or pays or provides funds for the payment of any ransom

shall be guilty of an offence and shall be punished on conviction

with imprisonment for a term not exceeding seven years and shall

also be liable to a fine.

Power to freeze bank account

7. (1) The Public Prosecutor may, if he is satisfied that it is likely

that money for the payment of ransom may be paid out of any bank

account, by order direct any bank in Malaysia not to pay any

money out of nor to pay cheques drawn on such bank account for

a specified period not exceeding one month.

(2) Any officer of a bank who complies with an order of the

Public Prosecutor under subsection (1) shall be relieved of any

liability to any other person in respect of the payment prohibited

by such order.

(3) A bank which fails to comply with an order of the Public

Prosecutor under subsection (1) shall be guilty of an offence and

shall be liable on conviction to a fine not exceeding five thousand

ringgit.

Public Prosecutor's power to order inspection of books, accounts,

receipts, vouchers or other documents

8. (1) Notwithstanding anything to the contrary in any other written

law contained, the Public Prosecutor, if he considers that any

evidence of the commission of an offence under this Act or of a

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ACT 365

conspiracy to commit, or an attempt to commit or an abetment of

such offence by any person is likely to be found in any book,

account, receipt, voucher or other document in respect of the

payment of money or the delivery of property relating to such

person, the spouse or child of such person or to a person reasonably

believed by the Public Prosecutor to be a trustee or agent for such

person or the spouse or child of such person, may by order authorize

any police officer of or above the rank of Assistant Superintendent

named in such order to inspect any such book, account, receipt,

voucher or other document and a police officer so authorized may,

at all reasonable times, enter any premises specified in such order

and inspect any such book, account, receipt, voucher or other

document and may take copies thereof or of any relevant part

thereof.

(2) Any person who wilfully neglects or fails to produce any

such book, account, receipt, voucher or other document which is

in his possession or control shall be guilty of an offence and shall

be liable on conviction to a fine not exceeding two thousand

ringgit or to imprisonment for a term not exceeding one year or

both.

Public Prosecutor's powers to obtain information

9. (1) In the course of any investigation or proceedings relating

to an offence by any person under this Act or to a conspiracy to

commit, or an attempt to commit, or an abetment of any such

offence, the Public Prosecutor may by order--

(a) require any such person to furnish a sworn statement in

writing enumerating all movable or immovable property

belonging to or possessed by such person and by the

spouse and children of such person and specifying the

date on which each of the properties enumerated was

acquired and whether it was acquired by way of purchase,

gift, bequest, inheritance or otherwise;

(b) require any such person to furnish a sworn statement in

writing of any money or other property paid or disposed

of by him during such period as may be specified in the

order;

(c) require any other person to furnish a sworn statement in

writing enumerating all movable or immovable property

belonging to or possessed by such person where the Public

Prosecutor has reasonable grounds to believe that such

information may be relevant to the investigation or

proceedings;

Kidnapping

(d) require the Director General of Income Tax to furnish all

information available to the Director General relating to

the affairs of such person or of the spouse or child of

such person and to produce or furnish any document or

a certified copy of any document specified in the notice

relating to such person or the spouse or child of such

person which is in the possession or under the control of

the Director General;

(e) require the person in charge of any department, office or

e s t a b l i s h m e n t of the Government, or the president,

chairman, manager or chief executive officer of any public

body to produce or furnish any book or document or a

certified copy of any book or document specified in the

notice which is in his possession or under his control.

(2) Every person to whom an order is given by the Public

Prosecutor under subsection (1) shall, notwithstanding any written

law to the contrary, comply with the terms of that order within

such time as may be specified therein and any person who wilfully

neglects or fails so to comply shall be guilty of an offence and

shall be liable on conviction to imprisonment for a term not exceeding

three years.

Duty to give information to police

10. (1) Notwithstanding any written law any person who is aware

of the commission of or the intention of any other person to

commit any offence under this Act shall in the absence of reasonable

excuse, the burden of proving which shall lie upon the person so

aware, forthwith give information to a police officer of such

commission or intention, as the case may be.

( 2 ) A n y person bound to give any information under

subsection (1) who fails to do so shall be guilty of an offence and

shall be liable on conviction to imprisonment for a term not exceeding

three years.

Power to intercept communication

11. (1) Notwithstanding any other written law, the Public Prosecutor,

if he considers that it is likely to contain any information relating

to the payment of any ransom for the release of a person who has

been wrongfully confined or wrongfully restrained, may authorize

any police officer--

(a) to intercept, detain and open any postal article in course

of transmission by post;

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ACT 365

(b) to intercept any message transmitted or received by any

telecommunication; or

(c) to intercept or listen to any conversation by

telecommunication.

(2) Where any person is charged with an offence under this Act,

any information obtained by a police officer in pursuance of

subsection (1), whether before or after such person is charged,

shall be admissible at his trial in evidence.

(3) For the purpose of this section--

"postal article" shall have the same meaning as in the *Post

Office Act 1947 [Act 211]; and

"telecommunication" shall have the same meaning as in the

**Telecommunications Act 1950 [Act 20].

Remand in custody of police

12. Notwithstanding any provisions of the Criminal Procedure

Codes [Act 593] to the contrary, whenever a person is arrested and

detained in custody of a charge under section 3, 5, 6 or 10 and

it appears that the investigation cannot be completed within the

period of twenty-four hours fixed by section 28 of the Criminal

Procedure Code and that there are grounds for believing that the

accusation or information is well founded, the Magistrate before

whom such person is produced shall, on application on behalf of

the Public Prosecutor, remand the accused person in the custody

of the police for a period not exceeding fifteen days.

Evidence of accomplice

13. Notwithstanding any rule of law or written law to the contrary,

no witness shall in any trial of any offence under this Act be

presumed to be unworthy of credit by reason only that he has paid

or negotiated to pay any ransom or has provided funds for the

payment of any ransom to procure the release of any person who

has been wrongfully confined or wrongfully restrained.

*NOTE--The Post Office Act 1947 [Act 211] has since been repealed by the Postal Services Act

1991 [Act 465]see section 50 of Act 465.

**NOTE--The Telecommunications Act 1950 [Act 20] has since been repealed by the Communications

and Multimedia Act 1998 [Act 588]see section 273 of Act 588.

Kidnapping

Evidence of pecuniary resources or property

14. (1) In any trial or inquiry by a court into an offence under this

Act or into a conspiracy to commit, or attempt to commit, or an

abetment of any such offence the fact that an accused person is

in possession, for which he cannot satisfactorily account, of pecuniary

resources or property disproportionate to his known sources of