ABOLITION OF MANDATORY DEATH PENALTY ACT 2023
(1) This Act may be cited as the Abolition of Mandatory Death Penalty Act 2023 .
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette .
The Penal Code [Act 574] , the Firearms (Increased Penalties) Act 1971 [Act 37] , the Arms Act 1960 [Act 206] , the Kidnapping Act 1961 [Act 365] , the Dangerous Drugs Act 1952 [Act 234] , the Strategic Trade Act 2010 [Act 708] and the Criminal Procedure Code [Act 593] are amended in the manner specified in Parts II, III, IV, V, VI, VII and VIII respectively.
The Penal Code, which is referred to as the "Code" in this Part, is amended in section 115 by inserting after the words "which may extend to twenty years" the words "or upwards".
Section 118 of the Code is amended by inserting after the words "which may extend to twenty years" the words "or upwards".
Section 119 of the Code is amended by inserting after the words "which may extend to twenty years" the words "or upwards".
Section 121 of the Code is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 121A of the Code is amended by substituting for the words "with death and shall also be liable to fine" the words "with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Section 121B of the Code is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 122 of the Code is amended by substituting for the words "imprisonment for life or imprisonment for a term not exceeding twenty years" the words "imprisonment for a term not exceeding forty years".
Section 124K of the Code is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 124M of the Code is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 125 of the Code is amended by substituting for the words "imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years" the words "imprisonment for a term not exceeding forty years".
Section 125A of the Code is amended by substituting for the words "imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years" the words "imprisonment for a term not exceeding forty years".
Section 128 of the Code is amended by substituting for the words "imprisonment for life, or imprisonment for a term which may extend to twenty years" the words "imprisonment for a term not exceeding forty years".
Section 130 of the Code is amended by substituting for the words "imprisonment for life, or imprisonment for a term which may extend to twenty years" the words "imprisonment for a term not exceeding forty years".
Section 130A of the Code is amended by deleting paragraph (f) .
Subsection 130B(1) of the Code is amended by deleting the definition of "imprisonment for life".
Paragraph 130C(1) (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Section 130D of the Code is amended by substituting for the words "imprisonment for life or imprisonment for a term not exceeding thirty years" the words "imprisonment for a term not exceeding forty years".
Paragraph 130I (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years, and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Subsection 130J(1) of the Code is amended by substituting for the words "imprisonment for life or imprisonment for a term not exceeding thirty years" the words "imprisonment for a term not exceeding forty years".
Section 130K of the Code is amended by substituting for the words "imprisonment for life, and shall also be liable to fine; or with imprisonment for a term which may extend to twenty years" the words "imprisonment for a term not exceeding forty years, and shall also be liable to fine".
Section 130KA of the Code is amended by substituting for the words "imprisonment for life" the words "forty years".
Paragraph 130N (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Paragraph 130O(1) (aa) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Paragraph 130QA (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Paragraph 130ZB (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Section 201 of the Code is amended by inserting after the words "imprisonment which may extend to ten years" the words "or upwards".
Subsection 212(1) of the Code is amended by inserting after the words "imprisonment which may extend to ten years" the words "or upwards".
Section 213 of the Code is amended by inserting after the words "imprisonment which may extend to ten years" the words "or upwards".
Section 214 of the Code is amended by inserting after the words "imprisonment which may extend to ten years" the words "or upwards".
Subsection 216(1) of the Code is amended by inserting after the words "imprisonment for ten years" the words "or upwards".
Paragraph 221 (b) of the Code is amended by inserting after the words "imprisonment for a term which may extend to ten years" the words "or upwards".
Section 302 of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Section 307 of the Code is amended by deleting subsection (2).
Section 364 of the Code is amended by substituting for the words "death or imprisonment for a term which may extend to thirty years and shall, if he is not sentenced to death, also be liable to whipping" the words "imprisonment for a term of not more than thirty years and shall also be punished with whipping".
Paragraph 374A (a) of the Code is amended by inserting after the words "with death" the words "or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes".
Section 450 of the Code is amended by inserting after the words "imprisonment for a term which may extend to twenty years" the words "or upwards".
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 121, 121A, 302 or 364 or paragraph 130C(1) (a) , 130I (a) , 130N (a) , 130O(1) (aa) , 130QA (a) , 130ZB (a) or 374A (a) of the Code, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the Code as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
The Firearms (Increased Penalties) Act 1971, which is referred to as the "principal Act" in this Part, is amended in subsection 2(1) by deleting the definition of "imprisonment for life".
Section 3 of the principal Act is amended by substituting for the words "be punished with death" the words "be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes".
Section 3A of the principal Act is amended by substituting for the words "be punished with death" the words "be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than twelve strokes".
Section 4 of the principal Act is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 5 of the principal Act is amended by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
Section 7 of the principal Act is amended by substituting for subsection (1) the following subsection:
"(1) Any person trafficking in firearms shall be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping with not less than six strokes.".
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3, 3A or 7 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
The Arms Act 1960, which is referred to as the "principal Act" in this Part, is amended in subsection 2(1) by deleting the definition of "imprisonment for life".
Section 14 of the principal Act is amended-
(a) by substituting for subsection (1) the following subsection:
"(1) Any person who manufactures an arm or ammunition without a valid licence granted under section 12 or in contravention of any condition imposed under paragraph 12(2) (a) shall, on conviction-
(a) be punished with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping of not less than six strokes; and
(b) in the case of a company, firm, society or body of persons, be punished with a fine not exceeding five million ringgit."; and
(b) in subsection (2)-
(i) by substituting for the words "twenty-five thousand ringgit" the words "two hundred and fifty thousand ringgit"; and
(ii) by substituting for the words "one hundred th
49 PART IV AMENDMENTS TO THE ARMS ACT 1960-49. Amendment of section 32.
Paragraph 32(1) (a) of the principal Act is amended by substituting for the words "imprisonment for life or for a term not exceeding fourteen years" the words "imprisonment for a term not exceeding forty years".
50 PART IV AMENDMENTS TO THE ARMS ACT 1960-50. Deletion of section 46.
Section 46 of the principal Act is deleted.
51 PART IV AMENDMENTS TO THE ARMS ACT 1960-51. Transitional.
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under paragraph 14(1) (a) of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
52 PART V AMENDMENT TO THE KIDNAPPING ACT 1961-52. Amendment of section 3.
The Kidnapping Act 1961, which is referred to as the "principal Act" in this Part, is amended in subsection 3(1) by substituting for the words "with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping" the words "with imprisonment for a term of not less than thirty years but not exceeding forty years and with whipping".
53 PART V AMENDMENT TO THE KIDNAPPING ACT 1961-53. Transitional.
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 3 of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
54 PART VI AMENDMENT TO THE DANGEROUS DRUGS ACT 1952-54. Amendment of section 39B.
The Dangerous Drugs Act 1952, which is referred to as the "principal Act" in this Part, is amended in section 39B-
(a) in subsection (2), by substituting for the words "be punished with whipping of not less than fifteen strokes" the words "be punished with whipping of not less than twelve strokes"; and
(b) by deleting subsections (2A) and (2B).
EDITORIAL COMMETS AND ANNOTATIONS
Intention of Parliament
Refer to
PP v. Frank Nwosu [2024] 1 MLRH 528 where the High Court stated that:" The amendment to the penalty provision of s 39B(2) DDA clearly conveys two matters - the death penalty although no longer mandatory ought to be considered first by the Courts prior to life imprisonment, and a jail term of thirty yea
55 PART VI AMENDMENT TO THE DANGEROUS DRUGS ACT 1952-55. Transitional.
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under section 39B of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
56 PART VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010-56. Amendment of section 9.
The Strategic Trade Act 2010, which is referred to as the "principal Act" in this Part, is amended-
(a) in subsubparagraph 9(4) (a) (i)(A) by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years";
(b) in subsubparagraph 9(5) (a) (i)(A) by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years"; and
(c) in subsubparagraph 9(6) (a) (i)(A) by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
57 PART VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010-57. Amendment of section 10.
Paragraph 10(2) (a) of the principal Act is amended by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
58 PART VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010-58. Amendment of section 11.
Subparagraph 11(2) (a) (i) of the principal Act is amended by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
59 PART VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010-59. Amendment of section 12.
Subsubparagraph 12(4) (a) (i)(A) of the principal Act is amended by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
60 PART VII AMENDMENTS TO THE STRATEGIC TRADE ACT 2010-60. Transitional.
Upon the coming into operation of this Act, if a person is convicted by any court for the commission of an offence under subsubparagraph 9(4) (a) (i)(A), subsubparagraph 9(5) (a) (i)(A), subsubparagraph 9(6) (a) (i)(A), paragraph 10(2) (a) , subparagraph 11(2) (a) (i) or subsubparagraph 12(4) (a) (i)(A) of the principal Act, the person, whether at a trial or on an appeal, shall be sentenced in accordance with the provisions of the principal Act as amended by this Act even though the offence was committed before the date of coming into operation of this Act.
61 PART VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE-61. Amendment of section 15.
The Criminal Procedure Code, which is referred to as the "Code" in this Part, is amended in subsection 15(3) by inserting after the words "punishable with death" the words "or with imprisonment for a term of not less than thirty years but not exceeding forty years".
62 PART VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE-62. Amendment of section 172D.
Subparagraph 172D(3) (b) (ii) of the Code is amended by substituting for the words "imprisonment for natural life" the words "imprisonment for a term of not less than thirty years but not exceeding forty years".
63 PART VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE-63. Amendment of section 388.
Subsection 388(1) of the Code is amended by inserting after the words "imprisonment for life" the words "or imprisonment for a term which may extend to forty years".
64 PART VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE-64. Amendment of section 425A.
Subsection 425A(2) of the Code is amended by substituting for paragraph (c) the following paragraph:
" (c) imprisonment for a term of not less than thirty years but not exceeding forty years.".
65 PART VIII AMENDMENTS TO THE CRIMINAL PROCEDURE CODE-65. Amendment of First Schedule.
The First Schedule to the Code is amended-
(a) in the item relating to section 115 of the Penal Code, in column (2), by inserting after the words "imprisonment for life" the words "or imprisonment for a term which may extend to twenty years or upwards";
(b) in the item relating to section 118 of the Penal Code, in column (2), by inserting after the words "imprisonment for life" the words "or imprisonment for a term which may extend to twenty years or upwards";
(c) in the item relating to section 119 of the Penal Code, in column (2), by inserting after the words "imprisonment for life" the words "or imprisonment for a term which may extend to twenty years or upwards";
(d) in the item relating to section 121 of the Penal Code, in column (7), by substituting for the words "imprisonment for life" the words "imprisonment for a term of not less than thirty years but not exceedin
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