Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"], ["NEGO AHAW vs PP - High Court
"], ["Mani Maran al Athigharee vs Public Prosecutor
"].PENDAKWA RAYA LWN. BOBBY JUNIT - High Court
"], ["PENDAKWA RAYA LWN. AHMAD ZAKI ABDULLAH - High Court
"], ["CHUA LI PIN vs PP & OTHER CASES - High Court Malaya Muar
"].ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"].PENDAKWA RAYA LWN. BOBBY JUNIT - High Court
"], ["PENDAKWA RAYA LWN. AHMAD ZAKI ABDULLAH - High Court
"].The recent amendments to s 326A (2014 and 2017) broaden the scope to include former spouses and other family members, emphasizing the seriousness of domestic violence cases ["
ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"], ["Mani Maran al Athigharee vs Public Prosecutor
"].Can a convert get out by hitting his father? - Main points and insights:
ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"], ["NEGO AHAW vs PP - High Court
"], ["Mani Maran al Athigharee vs Public Prosecutor
"].ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"], ["NEGO AHAW vs PP - High Court
"].ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"].Analysis and Conclusion:- The provisions of the Penal Code, especially sections 323 and 326A, establish that causing hurt to a family member, including a father, is a punishable offence with mandatory imprisonment, particularly under s 326A, where the punishment is twice as long as that for s 323. The law does not allow a defendant to escape liability by merely hitting the victim; the severity and punishment depend on the nature of the hurt and the relationship involved. Hitting a family member, especially in a domestic violence context, can lead to significant penalties, and the offence can be compounded with court approval if applicable ["
ZAMIRUDDIN ABDUL MANAF vs PP - 2025 MarsdenLR 2818
"], ["PENDAKWA RAYA LWN. BOBBY JUNIT - High Court
"].
In family disputes, emotions can run high, leading to regrettable actions like physical altercations. A common misconception arises from questions like: Under sections 323/326A of the , can a convert get out by hitting his father? This query touches on whether causing hurt to a parent could somehow exempt someone from liability, perhaps in contexts involving religious conversion or family tensions. However, Malaysian law under the is clear and strict on such matters. This blog post breaks down the provisions, penalties, and interpretations to clarify why such an act does not provide a legal escape route. Note: This is general information based on legal documents and not specific legal advice. Consult a qualified lawyer for your situation.
addresses , which involves intentionally inflicting physical injury without the use of dangerous weapons or means that cause . The punishment typically includes imprisonment up to one year, a fine up to RM2,000, or both
. For instance, one source notes, The gravity of the offence is equally reflected in the punishment of this offence specified in s323 that entitles this to merely impose an imprisonment sentence of less than a year or a fine not more than RM2,000
.
Section 326A enhances penalties when the victim is a family member, such as a spouse, child, or parent. It applies to offences under , doubling the maximum imprisonment term
. Specifically, stipulates that anyone causing hurt to a family member and committing an offence under shall be punished with imprisonment up to twice the maximum term applicable to that offence
. This provision, introduced via the (Amendment) Act , aims to deter
.
Causing hurt is broadly defined as intentionally inflicting injury, including acts like hitting
. Parents explicitly fall under protected family members, making assaults on a father subject to these enhanced rules
.
The short answer is no. The law does not recognize hitting a father—or any family member—as a defense or exemption from liability. Instead, it prescribes punishment, often doubled under Section 326A. The notion of getting out by hitting misunderstands the provisions; the act itself triggers criminal liability, not relief.
Key points from legal documents:- No exemption exists based solely on the act of causing hurt to a parent
.- Penalties apply regardless of the offender's status, such as being a religious convert; the focus is on the intentional harm to a family member.- Courts emphasize the seriousness: The serious nature of the offence should be considered by the in granting discharge
, but this does not imply legality for family assaults.
In domestic contexts, even simple hurt under Section 323 read with 326A can lead to considerations. One case clarified, Do you know that pursuant to s 323 of the read together with s 326A , the offence is punishable with imprisonment up to 2...
. Misunderstandings of mandatory sentencing have led to appeals and retrials
.
Section 326A mandates stricter punishment for family hurt: Punishment for causing hurt by spouse 326A... In order to give effect to s 326A of the , one just need to apply the term of imprisonment specified, namely, 'twice as long'
. While many cases involve spouses, the provision extends to parents, as confirmed in core documents
.
Courts have set aside lenient sentences due to errors in applying these sections. In one appeal, the found the sentence imposed by the <>lower court> was in error due to a misunderstanding of the mandatory sentencing provision... The concluded that the relevant laws dictate a mandatory two-year imprisonment for the offense under these sections
. Another noted, The mandatory term of imprisonment under is two years for offenses under Section 323
.
Proof of relationship is key: applies when the offender and the victim share a domestic relationship, such as husband and wife, and enhances the punishment for offence...
. Father-son ties clearly qualify.
Related cases highlight no leniency for family violence:- Fines up to RM1,800 (near the RM2,000 max) are common for Section 323
.- Bail considerations note simple vs. , but family enhancement applies
MYS00000453095
.No documents indicate an exception for hitting a father to get out. Defenses like may apply generally but require proof of imminent threat—not preemptive or retaliatory acts.
(settling out of ) is limited. like under 326 cannot be easily compounded, but courts may convert charges (e.g., 326 to 325) in exceptional settlements 2018 0 Supreme(Mad) 2953 2014 1 Supreme 348. For family hurt, courts prioritize protection: Offence under is compoundable by the person to whom the hurt is caused with the permission of the 2018 0 Supreme(Mad) 2953. However, Section 326A enhancements complicate this.
Irrelevant to family hurt but illustrative: Consent issues in other crimes (e.g., false marriage representations) vitiate defenses 2022 0 Supreme(Bom) 1038, underscoring intent's role.
.
.
Under Sections 323 and 326A, causing hurt by hitting your father does not exempt you from liability—it invites enhanced punishment. Legal documents consistently affirm protection for family members, with courts upholding mandatory considerations for imprisonment
. While settlements occur in minor cases, family violence carries serious repercussions. Prioritize peaceful resolutions to avoid . This overview draws from cited sources; laws evolve, so verify with current statutes and seek expert counsel. #PenalCodeMalaysia, #Section326A, #DomesticViolenceLaw
One other issue that arises is whether the offence in this case can be compounded as the offence under s 323 of the Penal Code is to be read together with s 326A of the said Code. ... The charge in this case was framed under s 323 read together with s 326A of the Penal Code . This further fortifies my view that the charge in this case can be compounded. ... In my view there is nothing to prevent the offence to be compounded as s 326A Penal....
Penal Code. ... The gravity of the offence is equally reflected in the punishment of this offence specified in s323 Penal Code that entitles this Court to merely impose an imprisonment sentence of less than a year or a fine not more than RM2,000.” ... In this case the imposition of fine RM1,800 where the maximum fine of RM2,000 as prescribed by law is legal and allowed vis-a-viz s323 Penal Code. The cost of RM2,000 that was ordered to be awarded to A....
Code read together with s 326A of the same Code." ... Introduction [1] The Appellant, Nego Anak Ahaw, was charged with an offence of voluntary causing grievous hurt to his biological son using a machete, an offence punishable under s 326 of the Penal Code ("PC") read together with s 326A of the Code. ... of the same Code. ... *The learned Sessions Court Judge noted that the offence was committed before the amendment to s 326A PC i....
[6] Section 326A is a fairly new provision in the Penal Code as the insertion was made pursuant to the Penal Code (Amendment) Act 2014 and was published in the Gazette ... At p 8 of the Record of Appeal, the learned Magistrate had asked the Accused as follows: "Court: Do you know that pursuant to s 323 of the Penal Code read together with s 326A Penal Code , the offence is punishable with imprisonment up to 2....
In order to give effect to s 326A of the Penal Code, one just need to apply the term of imprisonment specified, namely, "twice as long". ... telah memutuskan: "In interpreting s 326A of the Penal Code, I find that the first part of that section describes the nature of the penalty. ... The words, "...shall be punished with imprisonment..." clearly means that imprisonment under s 326A of the Penal Code is mandatory. I am fortified i....
What is the mandatory term of imprisonment under s 326A of the Penal Code if the offence falls under s 323? [24] What then is the term for the mandatory imprisonment under s 326A of the Penal Code where the offence is one under s 323? I would attempt the poser like this. ... In order to give effect to s 326A of the Penal Code, one just need to apply the term of imprisonment specified, namely, "twice as long". It is clear that the m....
Section 326A of the Penal Code reads as follows:- "Punishment for causing hurt by spouse 326A. ... In order to give effect to s 326A of the Penal Code , one just need to apply the term of imprisonment specified, namely, "twice as long". ... In the Bukit Mertajam Magistrate's Court, the Appellant was charged under s 323 read together with s 326A of the Penal Code for causing hurt to his wife. ... If so, what ....
of the Penal Code ? ... What Is The Mandatory Term Of Imprisonment Under s 326A Of The Penal Code If The Offence Falls Under s 323? [24] What then is the term for the mandatory imprisonment under s 326A of the Penal Code where the offence is one under s 323? I would attempt the poser like this. ... In order to give effect to s 326A of the Penal Code, one just need to apply the term of imprisonmen....
The current form of s 326A of the Penal Code provides as follows:- "326A. Punishment for causing hurt to spouse, former spouse, etc. ... Code read together with s 326A of the same Act. ... The accused was arrested on 19 August 17 and was charged in Court on 24 August 17 for an offence under s 323 read together with s 326A of the Penal Code. ... Out of the 500 odd offences under the Penal Code, onl....
Code, read together with s 326A of the Penal Code, for voluntarily causing hurt to his wife, an act falling within the definition of domestic violence. ... of the Penal Code beyond reasonable doubt. ... Proof Of Relationship Under Section 326A [35] Section 326A of the Penal Code applies when the offender and the victim share a domestic relationship, such as husband and wife, and enhances the punishment for offence....
Resultantly, the learned Additional Sessions Judge committed no error in rejecting the application, submitted Ms. Kantawala. The case at hand, according to Ms. Kantawala, would clearly fall within the ambit of clause “fourthly” as the petitioner being a married man had fully known that he was not the husband of the prosecutrix and made her to give consent believing that he is the man to whom she is lawfully married. Therefore, the offence punishable under section 376 of the Penal Code is prima facie made out.
The Learned Advocate submitted that the recovery of the alleged murder weapon did not implicate the appellant as no statement was recorded under Section 27 of the Evidence Act. According to him, in the alternative, at best a charge under Section 304 of the Penal Code is made out.
In the circumstances, in our opinion, the appellant's conviction under Section 326 of the Penal Code needs to be converted into one under Section 325 of the Penal Code. The question is whether in this case, permission to compound the offence should be granted because PW 2 Uddesh to whom the hurt is caused has made a request to this Court that offence be compounded? We accordingly, convert the conviction of the appellant from one under Section 326 of the Penal Code to one under Section 325 of the Penal Code. Offence under Section 325 of the Penal Code is compoundable by the ....
The expression 'child' as defined in Section 2(ii) of the Child Labour (Prohibition and Regulation) Considering the fact that both the injury certificates indicate simple injuries, prima facie it can be said that there are no grievous injuries suffered by the child. Provisions of Section 326 or Section 326A of the Penal Code contemplate causing grievous hurt. Insofar as the age of said child is concerned, same is stated to be between 11 years to 16 years as per opinion of the Radiologist.
The question is whether in this case, permission to compound the offence should be granted becausePW-2 Uddesh to whom the hurt is caused has made a request to this Court that offence be compounded. In the circumstances, in our opinion, the appellant's conviction under Section 326 of the Penal Code needs to be converted into one under Section 325 of the Penal Code. Offence under Section 325 of the Penal Code is compoundable by the person to whom the hurt is caused with the permission of the court. We accordingly, convert the conviction of the appellant from one under Section 326 of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
