Amendment to the Penal Code 2017

Brief Description

The Penal Code was amended in 2017 as an Act 574 to extend the application of the punishment for the offence of causing hurt under sections 323, 324, 325, 326, 334 or 335 to former spouse, child and others. The amendment also provides for stiffer punishment in which the court shall have the power to punish the offender with imprisonment for a term which may extend to twice of the maximum term for which he would have been punished for that offence. Additionally, the amendment also makes whipping a mandatory punishment for specified sexual offences such as rape, incest, carnal intercourse against the order of nature, and inciting a child to an act of gross indecency. 

Section 377CA of the Penal Code was also amended in 2017 to extend the application of this section to offences involving sexual connection by using any part of the body other than penis. The new section 377CA is consistent with the interpretation of the word “object” to include “finger”, as decided by the Court of Appeal in the case of Shafiee bin Awang v PP [unreported]. Prosecution can now be instituted against any person who has sexual connection with another person by the introduction of any object or any part of the body, except the penis into the vagina or anus of the other person without the other person’s consent.