Law of Partnership

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LAWS OF MALAYSIA
REPRINT

Act 365

KIDNAPPING ACT 1961
Incorporating all amendments up to 1 January 2006

PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006

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Laws of Malaysia

ACT 365

KIDNAPPING ACT 1961

First enacted

… … … … … …

1961 (Act No. 41 of 1961) & 1963 (Act No. 5 of 1963) 1989 (Act 365 w.e.f. 13 April 1989)

Revised

... … … … … … …

PREVIOUS REPRINT First Reprint … … … … … 2001

Kidnapping LAWS OF MALAYSIA Act 365 KIDNAPPING ACT 1961

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ARRANGEMENT OF SECTIONS

Section

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

Short title and application Interpretation Abduction, wrongful restraint or wrongful confinement for ransom Seizure and forfeiture of conveyance Knowingly receiving ransom Knowingly negotiating to obtain, or for payment of, ransom Power to freeze bank account Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents Public Prosecutor’s powers to obtain information Duty to give information to police Power to intercept communication Remand in custody of police Evidence of accomplice Evidence of pecuniary resources or property Protection of informers Admission of statements in evidence

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Laws of Malaysia

ACT 365

Kidnapping LAWS OF MALAYSIA Act 365 KIDNAPPING ACT 1961

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An Act 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. [Peninsular Malaysia—21 September 1961; Sabah and Sarawak—24 February 1989, P.U. (A) 56/1989; Federal Territory of Labuan—24 February 1989, P.U. (A) 55/1989.] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and application 1. (1) This Act may be cited as the Kidnapping Act 1961. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act— “bank” means any company carrying on the business of bankers in Malaysia incorporated by or under any written law or licensed under any written law and includes the Bank Simpanan Nasional; “book” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of the business of a bank or other person or body of persons, whether corporate or unincorporate; “ransom” means any money, price or consideration paid or demanded for the release of a person abducted or wrongfully confined or wrongfully restrained;

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Laws of Malaysia

ACT 365

“wrongful restraint”, “wrongful confinement” and “abduction” shall have the meanings assigned to them in sections 339, 340 and 362 respectively of the Penal Code [Act 574]. Abduction, wrongful restraint or wrongful confinement for ransom 3. (1) Whoever, with intent to hold any person for ransom, abducts or wrongfully confines or wrongfully restrains such person shall be guilty of an offence and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, also be liable to whipping. (2) (Deleted by Act A910). (3) (Deleted by Act A910). (4) (Deleted by Act A910). Seizure and forfeiture of conveyance 4. (1) When any person is abducted or wrongfully confined or wrongfully restrained in any conveyance with intent to hold such person for ransom, such conveyance may be seized by any police officer and, subject to subsection (2) shall be forfeited unless it is proved to the satisfaction of the Court that the offence of abduction, wrongful confinement or wrongful restraint for ransom had been or was being committed without the knowledge, consent or connivance of the owner. (2) No conveyance shall be forfeited under subsection (1) unless the Court shall have given...
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