Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL JUSTICE ACT 1953 Act 345/CRIMINAL JUSTICE ACT 1953 ACT 345

Incorporating all amendments up to 1 September 2007

ACT 345 
CRIMINAL JUSTICE ACT 1953 

1.Short title and application

2.Abolition of penal servitude, rigorous and simple imprisonment

3.Life sentences

4.Abolition of whipping with cat-o'-nine tails, etc.

5.Omitted or Deleted Section

6.Omitted or Deleted Section

An Act relating to penal servitude, methods of imprisonment and whipping; and for purposes connected therewith.

[^*Peninsular Malaysia--30 April 1953; Sabah and Sarawak--8 November 1991, P.U.(A) 407[#8260]1991; Federal Territory of Labuan--8 November 1991, P.U.(A) 408[#8260]1991]

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL JUSTICE ACT 1953 Act 345/CRIMINAL JUSTICE ACT 1953 ACT 345,,/1.Short title and application

1. Short title and application

(1) This Act may be cited as the Criminal Justice Act 1953.

(2) This Act shall apply throughout Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL JUSTICE ACT 1953 Act 345/CRIMINAL JUSTICE ACT 1953 ACT 345,,/2.Abolition of penal servitude, rigorous and simple imprisonment

2. Abolition of penal servitude, rigorous and simple imprisonment

(1) No person shall be sentenced by a Court to penal servitude; and every law conferring power on a Court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act.

(2) No person shall be sentenced by a Court to rigorous imprisonment or to simple imprisonment; and every law conferring power on a Court to pass a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description, shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description could have been passed in that case immediately before the commencement of this Act.

(3) Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of penal servitude under a sentence passed by any Court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not penal servitude for that term.

(4) Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of rigorous imprisonment or of simple imprisonment under a sentence passed by any Court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not rigorous imprisonment or simple imprisonment for that term.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL JUSTICE ACT 1953 Act 345/CRIMINAL JUSTICE ACT 1953 ACT 345,,/3.Life sentences

3. Life sentences

Where any person is treated as having been sentenced or is hereafter sentenced to imprisonment for life, such sentence shall be deemed for all purposes to be a sentence of imprisonment for thirty years.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL JUSTICE ACT 1953 Act 345/CRIMINAL JUSTICE ACT 1953 ACT 345,,/4.Abolition of whipping with cat-o'-nine tails, etc.

4. Abolition of whipping with cat-o'-nine tails, etc.

No person shall be sentenced by a Court to whipping with a cat-o'-nine tails; and every law conferring power on a Court to pass a sentence of whipping with a cat-o'-nine tails, or whipping, shall be construed as conferring power to pass a sentence of whipping with a rattan.

5. Omitted or Deleted Section

(Omitted).

6. Omitted or Deleted Section

(Omitted).