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FAEKAH HAJI HUSIN & ORS vs MENTERI BESAR SELANGOR (PEMERBADANAN) - Federal Court
"].In cases where bonds are executed for good behaviour, breaches are typically addressed through forfeiture or proceedings in accordance with the law, not through arbitrary detention or imprisonment without proper legal basis ["2026 Supreme(Online)(Tel) 2479"], ["2025 Supreme(Online)(Tel) 52955"].
Analysis and Conclusion:
References:- ["2024 0 Supreme(MP) 530"]- ["
PP vs CINNARAJ SREEDARAN - High Court
"]- [](https://supremetoday.ai/doc/judgement/MY_MLRA_2021_4_MLRA_29)- ["FAEKAH HAJI HUSIN & ORS vs MENTERI BESAR SELANGOR (PEMERBADANAN) - Federal Court
"]- ["2023 1 Supreme 570"]- ["2026 Supreme(Online)(Tel) 2479"]- ["2025 Supreme(Online)(Tel) 56344"]- ["2025 Supreme(Online)(Tel) 52979"]- ["2025 Supreme(Online)(Tel) 52955"]
In the realm of Malaysian criminal law, the serves as a to ensure individuals maintain proper conduct. But what exactly does this entail, and crucially, what cases are not under the (BOD) under Malaysian law? This question often arises for those navigating criminal proceedings, and understanding its scope can prevent misconceptions.
Typically governed by the , these bonds aim to curb potential misconduct without immediate incarceration. However, they are not a catch-all remedy. This post delves into the provisions, distinctions, applicability, and notably, scenarios where such bonds do not apply—drawing from statutory frameworks and case law for a comprehensive view. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
Under Malaysian law, bonds of good behaviour are primarily outlined in 2023 1 Supreme 570. distinguishes between two types: bonds for and those for maintaining good behaviour. As stated, If upon inquiry, it is proved that it is necessary for or maintaining good behaviour, as the case may be... indicating they are not interchangeable 2023 1 Supreme 570.
Prescribed forms reinforce this: Form No.12 for and Form No.13 for good behaviour bonds 2023 1 Supreme 570. These are executed following specific proceedings, ensuring procedural fairness.
These bonds apply only within statutory proceedings under Sections 107, 110, or 117 Cr.P.C.2023 1 Supreme 570. For example, in Malar @ Malarkodi, the court held that a bond under is strictly for good behaviour, and breach does not trigger , which applies solely to 2022 0 Supreme(Mad) 3685.
Similarly, Karthigayan @ Pallukarthik emphasized this separation: does not extend to good behaviour bond breaches 2022 0 Supreme(Mad) 1656. Proceedings require an inquiry, notice (via ), and proof of necessity.
From analogous discussions in related jurisprudence, such as under Indian CrPC (mirroring Malaysian provisions), targets a person who is by habit a robber, house-breaker, thief... or is so desperate and dangerous as to render his being at large without security hazardous to the community 2018 0 Supreme(Mad) 2774. This underscores the preventive, not punitive, nature.
Not every instance of misconduct triggers a good behaviour bond. Applicability hinges on statutory initiation—outside this, they do not apply. Key examples include:
In one case, bonds by sureties were deemed invalid due to form issues, highlighting strict compliance 2022 3 Supreme 618. Furthermore, cases like illicit liquor possession do not automatically prove bond breach without inquiry 2025 Supreme(Online)(Tel) 52976.
Other contexts exclude these bonds:- Bail conditions: Onerous good behaviour bonds in bail are often invalid if unfulfillable 2025 Supreme(Online)(Cal) 5722.- Chapter VIII proceedings arrests: No provision for arrest upon initiation; only bond execution post-inquiry 2014 0 Supreme(Bom) 1481.- or similar licensing: Prior bonds noted but governed separately 2007 0 Supreme(All) 2653.
In Devi's case under , a good behaviour bond under was held outside 's ambit, protecting -like liberties 2020 0 Supreme(Mad) 2101. Courts quashed orders misapplying provisions, noting is not attracted when the bond was executed for maintaining good behaviour 2018 0 Supreme(Mad) 2774.
Breaches of good behaviour bonds lead to or specific penalties under Sections 122 and 117, but not imprisonment like 2023 1 Supreme 570. Jurisprudence stresses only: the Legislature had thought it fit to mulct a person who commits breach of good behaviour bond only with , viz., of the bond amount and not imprisonment 2020 0 Supreme(Mad) 2101.
If acquitted of the underlying act, no retroactive imprisonment applies. Exceptions demand proper notice and inquiry 2018 0 Supreme(Mad) 2774.
When facing potential proceedings:- Verify if Sections 110/117 apply; otherwise, alternative remedies like civil suits prevail.- Ensure bonds match prescribed forms for enforceability 2022 3 Supreme 618.- In bail or licensing, distinguish from Cr.P.C. bonds
INDCAL00000265096
2007 0 Supreme(All) 2653.For instance, in obscene words conviction post-bond, followed default, but only within framework
.
The provision of under Malaysian law is confined to Cr.P.C. Sections 110 and 117 proceedings, distinct from . Cases not under BOD include civil matters, non-statutory bonds, and improper forms—ensuring targeted application 2023 1 Supreme 570.
Key takeaways:- Bonds require specific initiation and form compliance.- Breaches incur , not automatic jail.- Outside Cr.P.C., other laws govern.
Stay informed on these nuances to navigate Malaysian criminal law effectively. For personalized guidance, seek professional legal counsel.
Therefore it is made clear that Section 122 (1)(b) is not attracted when the bond was executed for maintaining good behaviour. Of course, there appears to be no provision, in case of violation of a bond executed for maintaining good behaviour except to forfeit the bonds. ... In case of violation of the condition of the bond Section 122 (a)(b) of the Cr.P.C could not have been in....
The idea of the good behaviour bond is viewed as a better alternative to incarceration as it does not impact the accused's social integration into college and community life. ... [12] This Court found that releasing the accused with a good behaviour bond is an adequate measure given the circumstances of this case. ... YA HCJ explained that granting a good behaviour bond is justified as the accu....
Indisputably there is no provision establishing a BOD or conferring power to such board in the Enactment before us. It is not for the Court to supplant what the law never have or never intend to legislate in the first place. ... The plaintiff had not adduced any legal authority in support of its proposition, except to rely on principle of accountability and good governance. ... [61] Since the law incorporating the plaintiff does not contemplate a #....
Indisputably there is no provision establishing a BOD or conferring power to such board in the Enactment before us. It is not for the Court to supplant what the law never have or never intend to legislate in the first place. ... The learned trial judge agreed that the plaintiff is a corporation sole created by the MBI Enactment; it is not governed by a BOD because there is no provision in the MBI Enactment requiring so. ... The plaintiff had not addu....
person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number ... Of these, Section 107 is for taking security generally for keeping the peace; Section 108 is for security for good behaviour from persons disseminating seditions matter....
No. 17391 of 2020, mere involvement of a person in a criminal case by itself would not constitute breach of a bond for good behaviour. 5.1. ... Mere involvement in another criminal case does not amount to breach of good behaviour. 6. ... No. 17391 of 2020, wherein this Court categorically held that mere involvement in a criminal case would not, by itself, constitute breach of a bond#HL_E....
- The accused in this case was on his own plea convicted under section 326 of the Penal Code and ordered to enter into a bond of good behaviour for a period of two years. ... The accused bound himself by the terms of that bond to be of good behaviour for two years and in the case of making default to forfeit the sum of Rs. 100. The accused was subsequently convicted for using obscene words under section 287 of the Penal Code. ... Before, the....
as to why he would not be ordered to execute a bond with sureties of any Group – A Government Officer for good behaviour for a period of two years within a period of 15 days. ... It is settled position of law that such onerous conditions cannot be put either in orders granting bail or in proceedings requiring execution of bond for good behaviour that cannot be fulfilled by the person from whom such direction is passed. ... of the BNSS for an amount....
In the present case, the complainant’s assertion that a crime was registered against the petitioner for possession of illicit liquor does not, in itself, amount to proof of breach of bond. ... On the same day, i.e., 06.03.2025, the Mandal Executive Magistrate/ Tahsildar (respondent No.2) issued a notice of forfeiture of the good behaviour bond, directing the petitioner to either pay the penalty of Rs.2,00,000/- or show cause within seven days as to why she should not ....
In the present case, the complainant’s assertion that a crime was registered against the petitioner for possession of illicit liquor does not, in itself, amount to proof of breach of bond. ... On the same day, i.e., 13.02.2025, the Mandal Executive Magistrate/ Tahsildar (respondent No.2) issued a notice of forfeiture of the good behaviour bond, directing the petitioner to either pay the penalty of Rs.1,00,000/- or show cause within seven days as to why she should not ....
In the aforesaid judgment, this Court has held that the bond for good behavior can by no stretch of imagination be telescoped into Section 122(1) (b) of Cr.P.C. That is why, the Legislature had thought it fit to mulct a person who commits breach of good behaviour bond only with civil liability, viz., forfeiture of the bond amount and not imprisonment.” Supposing such a person is imprisoned for the breach of bond, but is acquitted for the criminal act which gave rise to the breach of bond, the imprisonment suffered by him cannot be compensated. 6. In view of the above referr....
That is why, the Legislature had thought it fit to mulct a person who commits breach of good behaviour bond only with civil liability, viz., forfeiture of the bond amount and not imprisonment. Supposing such a person is imprisoned for the breach of bond, but is acquitted for the criminal act which gave rise to the breach of bond, the imprisonment suffered by him cannot be compensated.
Therefore, it is made clear that Section 122 (1)(b) is not attracted when the bond was executed for maintaining good behaviour. It is left to the Parliament or Legislature concerned to fill up the gap, if necessary. It would suffice to say that in so far as the violations committed in breach of the bond executed under Section 117 in the proceedings initiated under Section 110, Section 122(1)(b) is not at all attracted and therefore, the order passed by the Sub- Divisional Magistrates concerned have to be quashed." Of course, there appears to be no provision, in case of violation of....
Suffice it to say that, the arrest of the petitioners on 23rd August, 2005 in chapter proceedings was illegal inasmuch as, there is no provision to arrest a person on initiation of chapter proceedings. As already observed, it is for the Magistrate to ask the concerned person to execute bond of good behaviour on certain terms and conditions under Section 111 of Cr.P.C.
(c) prohibited under the Arms Act, 1959, or any other law from having the arm/ammunition.” (a) convicted—if so, the offence(s), the sentence and date of sentence; (b) ordered to execute a bond under Chapter VIII of Code of Criminal Procedure, 1973 (2 of 1974) for keeping the peace of for good behaviour—if so, when and for what period;
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