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
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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
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LAWS OF MALAYSIA
Act 365
KIDNAPPING ACT 1961
ARRANGEMENT OF SECTIONS
Section
1.
Short title and application
2.
Interpretation
3.
Abduction, wrongful restraint or wrongful confinement for ransom
4.
Seizure and forfeiture of conveyance
5.
Knowingly receiving ransom
6.
Knowingly negotiating to obtain, or for payment of, ransom
7.
Power to freeze bank account
8.
Public Prosecutor's power to order inspection of books, accounts, receipts,
vouchers or other documents
9.
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
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ACT 365
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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.
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(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;
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(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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(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.
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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
income, or that he had, at or about the time of the alleged offence,
obtained an accretion to his pecuniary resources or property for
which he cannot satisfactorily account, may be proved and may
be taken into consideration by the court as corroborating the testimony
of any witness in such trial or inquiry that such accused person
has received a ransom for the release of a person who has been
wrongfully confined or wrongfully restrained.
(2) An accused person shall, for the purposes of subsection (1),
be deemed to be in possession of resources or property or to have
obtained an accretion thereto where such resources or property are
held or such accretion is obtained by any other person whom,
having regard to his relationship to the accused person or to any
other circumstances, there is reason to believe to be holding such
resources or property or to have obtained such accretion in trust
for or on behalf of such accused person or as a gift from such
accused person.
Protection of informers
15. (1) Except as hereinafter provided, no complaint as to an
offence under this Act shall be admitted in evidence in any civil
or criminal proceeding whatsoever, and no witness shall be obliged
or permitted to disclose the name or address of any informer, or
state any matter which might lead to his discovery.
(2) If any books, documents or papers which are in evidence
or liable to inspection in any civil or criminal proceeding whatsoever
contain any entry in which any informer is named or described or
which might lead to his discovery, the court before which the
proceedings is had shall cause all such passages to be concealed
from view or to be obliterated so far as is necessary to protect the
informer from discovery, but no further.
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(3) If on a trial for any offence under this Act, the court, after
full inquiry into the case, is of opinion that the informer wilfully
made in his complaint a material statement which he knew or
believed to be false or did not believe to be true, or if in any other
proceeding the court is of opinion that justice cannot be fully done
between the parties thereto without the discovery of the informer,
the court may require the production of the original complaint, if
in writing, and permit inquiry and require full disclosure concerning
the informer.
Admission of statements in evidence
16. (1) Where any person is charged with an offence under this
Act any statement, whether such statement amounts to a confession
or not or is oral or in writing, made at any time, whether before
or after such person is charged and whether in the course of a
police investigation or not and whether or not wholly or partly in
answer to questions, by such person to or in the hearing or any
police officer not below the rank of Inspector, whether or not
interpreted to him by any police officer or any other person concerned
or not in the arrest, shall be admissible at his trial in evidence and,
if such person tenders himself as a witness, any such statement
may be used in cross-examination and for the purpose of impeaching
his credit:
Provided that no such statement shall be admissible or used as
aforesaid--
(a) if the making of the statement appears to the court to
have been caused by any inducement, threat or promise
having reference to the charge against such person,
proceeding from a person in authority and sufficient in
the opinion of the court, to give such person grounds
which would appear to him reasonable for supposing that
by making it he would gain any advantage or avoid any
evil of a temporal nature in reference to the proceeding
against him; or
(b) in the case of a statement made by such person after his
arrest unless the court is satisfied that a caution was
administered to him in the following words or words to
the like effect:
"Do you wish to say anything? You are not obliged
to say anything unless you wish to do so but whatever
you say will be taken down in writing and may be
given in evidence.":
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Provided that a statement made by any person before there is
time to caution him shall not be rendered inadmissible in evidence
merely by reason of no such caution having been given if it has
been given as soon as possible.
(2) Notwithstanding anything to the contrary contained in any
written law a person accused of an offence under this Act shall
not be bound to answer any questions relating to such offence after
any such caution as aforesaid has been administered to him.
(3) Whenever a police officer has made up his mind to charge
a person with an offence under this Act he shall first caution such
person, in the manner prescribed in subsections (1) and (2) before
asking him any questions or any further questions as the case may
be.
(4) For the purposes of this section "offence under this Act"
means--
(i) an offence punishable under subsection 3(1) or under
section 5, 6 or 10;
(ii) any of the offences referred to in subsection 3(2);
(iii) any conspiracy to commit, or an attempt to commit, or
an abetment of, any of the offences specified in paragraphs
(i) and (ii).
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LAWS OF MALAYSIA
Act 365
KIDNAPPING ACT 1961
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act 33/1967
Kidnapping (Amendment)
03-08-1967
Act 1967
P.U. (B) 324/1970
Titles of Office Ordinance
02-09-1970
1949
Act 146
Bank Simpanan Nasional
01-12-1974
Act 1974
P.U. (A) 56/1989
Modification of Laws
24-02-1989
(Kidnapping Act)
(Extension to the States
of Sabah and Sarawak)
Order 1989
Act A910
Kidnapping (Amendment)
17-02-1995
Act 1995
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LAWS OF MALAYSIA
Act 365
KIDNAPPING ACT 1961
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
Act 146
01-12-1974
3
Act A910
17-02-1995
4
Act 33/1967
03-08-1967
5
Act 33/1967
03-08-1967
9
P.U. (B) 324/1970
02-09-1970
11
Act 33/1967
03-08-1967
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA