Anti-stalking law: Amendments to Penal Code, CPC tabled for first reading

Anti-stalking law: Amendments to Penal Code, CPC tabled for first reading

KUALA LUMPUR: Proposed amendments towards the law will make harassment a crime punishable by up to 3 years in jail plus fines.

The move to make stalking the crime in Malaysia comes after amendments to the Penal Code and the Criminal Procedure Program code (CPC) were tabled for its first reading in Parliament on Thursday (Aug 4).

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Under the Penal Program code (Amendment) Act 2022, a new Section 507A will be created for the crime of stalking.

Under the provision, a person is deemed to get committed stalking if the individual repeatedly simply by any act of harassment, intends to cause or understanding or ought to know, that such an act causes distress, fear or even alarm to any individual with regard to their safety.

Those found guilty of the offence may be sentenced to imprisonment of not more than three years, a fine or each.

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Also suggested were amendments under the CPC to allow the particular courts to concern an order towards a suspected culprit under investigation to protect victims from becoming further harassed.

The new Section 98A under the Criminal Method Code (Amendment) Behave 2022 allows victims, their lawyers or guardian of a child or incapacitated mature to apply for the court’s protection ex zona.

Once the order is issued, the suspected offender is going to be prohibited or controlled “from going near” the victim or even persons related or even associated with the victim.

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The court is going to be empowered to fix the distance under the restraining purchase at which a suspected offender is barred from going close to the victim or individuals related or associated with the victim.

A failure to comply with the court’s restraining order could see the thought stalker ending up spending up to a year in jail or slapped with a fine, or even both.

Each Bills were tabled by Deputy Ressortchef (umgangssprachlich) in the Prime Minister’s Department in charge of Parliament and Law Datuk Mas Ermieyati Samsudin.

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She informed the House that both Bills would be read and passed at the next Parliament meeting afterwards in October this season.

In 2019, the government formed a good anti stalking panel to look at amendments to the law to make harassment a crime within Malaysia.

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Based on a study from the Women’s Aid Organisation (WAO) in 2020 revealed that a 3rd of Malaysians have experienced acts associated with stalking.

According to their particular survey titled “Understanding Malaysians’ Experiences associated with Stalking”, involving one, 008 Malaysians, this reported that one-third had experienced stalking that instilled anxiety; 17% had experienced stalking resulting in damage and 12% were stalked and endangered with harm.