Laws in Malaysia

 

Laws Related to Domestic Violence

 

Domestic Violence Act 1994

In 1994, the Malaysian government finally recognised domestic violence as a serious public issue and enacted the Domestic Violence Act 1994 (DVA). Under the DVA, domestic violence victims can seek protection against further abuse by the perpetrator.

The DVA applies to immediate family members including spouses, ex-spouses, de facto spouses, children (including adopted children), adults with mental or physical disabilities, and other persons considered part of the family. Importantly, the DVA applies to everyone, Muslims and non-Muslims, citizens or non-citizens.

Penal Code

The DVA is read together with the Penal Code. There is a range of Penal Code offences under which domestic violence perpetrators could be charged, including those in the following list:

SectionsOffencePunishment
321 & 323Voluntarily causing hurtMax. 1 year imprisonment / RM2,000 fine or both
324Voluntarily causing hurt by dangerous weapons or meansMax. 10 years imprisonment / Fine / Whipping / Any two of the above
322 & 325Voluntarily causing grievous hurtMax. 7 years imprisonment / Fine
326Voluntarily causing grievous hurt by dangerous weapons or meansMax. 20 years imprisonment / Fine / Whipping
326ACausing hurt to spouse, former spouse, child or other family membersTwice the maximum term of imprisonment
507AStalkingMax. 3 years imprisonment / Fine / Both

Significantly, under Section 326A of the Penal Code, causing hurt to one’s own family members can incur twice the maximum term of imprisonment, underscoring the seriousness of domestic violence.

In 2023, the Penal Code was amended to include stalking as a crime. Stalking covers repeated acts of harassment (at least two occasions) which cause distress, fear or alarm of the person’s safety, and includes following, communicating with, loitering near, or sending anything to a person.

Check out booksposters & pamphlets and videos on Domestic Violence.

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