Be Punished With Death or Imprisonment for Life

In Malaysia, there are several offences which are punished with death penalty. They are in the Penal Code, the Dangerous Drugs Act 1952 [Act 234], the Firearms (Increased Penalties) Act 1971 [Act 37] and the Kidnapping Act 1961 [Act 365].

Penal Code

If any person wages a war against the YDPA or the Rulers, will be punished with death or imprisonment for life. According to (Penal Code, section 121, 2015). If any person imagines or intends the death of or hurt to or imprisonment of the YDPA or the Rulers, will be punished with death. According to (Penal Code, section 121A, 2015). If any person abets the committing of mutiny and caused mutiny, will be punished with death or with imprisonment for twenty years or less. According to (Penal Code, section 132, 2015).

If anyone commits murder shall be punished with death. According to (Penal Code, section 302, 2015). For example: If anyone commits or attempts to rape caused the death of the woman, will be punished with death or imprisonment for a term of minimum fifteen years and maximum thirty years. According to (Penal Code, section 376, 2015). If anyone who committing gang-robbery together, commits murder, every one of those persons shall be punished with death or imprisonment for thirty years or less. According to (Penal Code, section 396, 2015).

If anyone kidnaps any person in order to murder, will be punished with death or imprisonment for thirty years or less. According to (Penal Code, section 364, 2015). If any person abets to commit suicide of any person under eighteen years, or any insane person, will be punished with death or imprisonment for twenty years or less. According to (Penal Code, section 305, 2015). If anyone attempts to murder and caused hurt to person, will be punished with death. According to (Penal Code, section 307, 2015).

Dangerous Drugs Act 1952 [Act 234]

Anyone who traffics in a dangerous drug, or offers to traffic, or do an act for the purpose of trafficking, will be punished with death. According to (Dangerous Drugs [Act 234], section 39B, 2006).

Firearms (Increased Penalties) Act 1971 [Act 37]

Anyone attempting or intending to do an offence discharges a firearm with intend to cause death, even if he didn’t hurt anyone, will be punished with death. According to (Firearms (Increased Penalties) [Act 37], section 3, 2006). And any accomplices of that person will be punished with death, unless he proves that tried to prevent that offence. According to (Firearms (Increased Penalties) [Act 37], section 3A, 2006).

Anyone trafficking in firearms, will be punished with death or imprisonment for life. Anyone who unlawfully possessing more than two firearms, also considered as trafficking in firearms. According to (Firearms (Increased Penalties) [Act 37], section 7, 2006).

Kidnapping Act 1961 [Act 365]

Any person who kidnapped anyone in order to get ransom, will be punished with death or imprisonment for life. According to (Kidnapping [Act 365], section 3, 2006).

Offenders that are excluded from Capital Punishment:

Sentence of death not to be passed on pregnant woman. If a woman has done an offence that punishable with death, Court can check whether or not she is pregnant by telling the doctors to examine that woman by sworn, and if it becomes that she is pregnant, punishment will be imprisonment for life instead of death penalty. According to (Criminal Procedure Code [Act 593], section 275, 2017).

If a child is under ten years old, and offences that he has done not called as an offence. According to (Penal Code, section 82, 2015). If a child above ten years old and under twelve years old, also nothing is an offence. According to (Penal Code, section 83, 2015). Nothing is offence, if person has done an offence and he has unsoundness of mind. According to (Penal Code, section 84, 2015).