The Kidnapping Act 1961 (), is an Act of the Parliament of Malaysia. It was enacted 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.
Structure The Kidnapping Act 1961, in its current form (1 January 2006), consists of 16 sections and no schedule (including 5 amendments), without separate Part. Section 1: Short title and application Section 2: Interpretation Section 3: Abduction, wrongful restraint or wrongful confinement for ransom Section 4: Seizure and forfeiture of conveyance Section 5: Knowingly receiving ransom Section 6: Knowingly negotiating to obtain, or for payment of, ransom Section 7: Power to freeze bank account Section 8: Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents Section 9: Public Prosecutor’s powers to obtain information Section 10: Duty to give information to police Section 11: Power to intercept communication Section 12: Remand in custody of police Section 13: Evidence of accomplice Section 14: Evidence of pecuniary resources or property Section 15: Protection of informers Section 16: Admission of statements in evidence
Section 3 Section 3(1) created a capital offence with a discretionary death penalty. The death penalty for this offence was abolished by sections 52 and 53 of the Abolition of Mandatory Death Penalty Act 2023.Scan on Wikimedia Commons.
Lee Ah Kiew was sentenced to death, under this section, in 1985,"Man sentenced to hang for kidnapping", The Straits Times, 4 June 1985, p 9. Cf. "Re-trial for two under sentence of death", The Straits Times, 29 September 1969, p 9. and was executed on 21 May 1987. He was said to have been first to be so executed."Man hanged for kidnapping businessman", The Straits Times, 23 May 1987, p 8.
The following cases were decided under this section: Soh Ten Seng & Ors v Public ProsecutorSoh Ten Seng & Ors v Public Prosecutor (1964) 30 The Malayan Law Journal 380, FC Bernhard Foon & Ors v Public ProsecutorBernhard Foon & Ors v Public Prosecutor 2 The Malayan Law Journal 117, FC Kidnapping charge for the four accused in the 2008 murder of Lai Ying Xin
References Hamid Ibrahim and Nasser Hamid. Hamid's Criminal Procedure. Denning's Books Centre. 1994. pp 27 & 592. Google Hashim bin Mehat. Malaysian Law & Islamic Law on Sentencing. International Law Book Services. 1991. pp xxiv, 6, 104, 221 & 276. Google
External links Kidnapping Act 1961