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THE government is undertaking a comprehensive review of its criminal laws, many of which date back to the colonial era, to address outdated provisions and overlapping legislation, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said today.
Among the key areas under scrutiny is the continued use of mandatory whipping as a form of punishment, with special attention being paid to the types of offences it is applied to, and its implications for juvenile offenders.
“Yes, we are currently reviewing legal provisions involving whipping, and one of the biggest challenges is determining which offences it should apply to,” said Azalina, following the monthly assembly and National Flag Raising Ceremony in Putrajaya.
“There are many types of punishments arising from laws that were enacted during colonial times. I acknowledge that some of our laws overlap, so we need to take this into account. And when we talk about offenders under 18, we cannot impose whipping on children arbitrarily.”
The minister was responding to a written parliamentary question uploaded to the Parliament website on Tuesday, in which she confirmed that a full review is being conducted to assess the effectiveness of mandatory whipping in Malaysia.
She added that the initiative is aligned with the MADANI Government’s policy, which is rooted in the principles of compassion, justice and accountability.
The review is being led by the Legal Affairs Division (BHEUU) under the Prime Minister’s Department, through a Subcommittee on the Abolition of Mandatory Whipping. Its findings and recommendations will be submitted to the Criminal Law Reform Committee (CLRC) for further consideration.
Addressing the need to amend overlapping legislation, Azalina said that every ministry must examine the acts under its jurisdiction, given that each has its own procedural framework.
She cited the issue of bullying, particularly in light of recent reports, as an example of how overlapping legal definitions may exist across different statutes.
“For example, harassment is covered under the Penal Code, but similar provisions can also be found in the Labour Act and the Industrial Act, especially when it involves employment,” she said.
“The same goes for bullying. It’s not just about children at school. There’s bullying when someone is denied promotion, or when a junior staff member is made to do excessive tasks, or is expected to drive after office hours..”
“Bullying isn’t limited to children, nor is it always physical. It can be verbal abuse or mental abuse, and sometimes the latter is even harder to prove.”
Azalina stressed the need for alternative legal channels such as tribunals in handling bullying cases, rather than relying solely on court proceedings, which can be time-consuming.
“If we had a tribunal system for bullying cases, perhaps the outcomes could be more rehabilitative. Similar to sexual harassment, which stems from moral failings — proving it as a criminal offence is one matter, and that’s covered under the Penal Code.”
She added that when it comes to children, the legal process must be applied with care, as it involves specific procedures even if laws already exist to address such offences. - August 27, 2025