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THE Government is set to implement several immediate reforms to its criminal justice legislation, including abolishing mandatory whipping, as part of a broader review of laws rooted in the colonial era, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said told Parliament on Tuesday.
The Criminal Law Reform Committee (CLRC) has identified short-term amendments to the Penal Code, the Criminal Procedure Code and the Evidence Act 1950, aimed at modernising Malaysia’s legal framework and enhancing judicial discretion.
Among the proposals are the removal of mandatory whipping in favour of granting judges discretion during sentencing, improvements to remand procedures, and expanding the use of community service orders for minor offences as alternatives to imprisonment.
“These are reforms we can and should pursue without delay,” Azalina said in a ministerial briefing session under Standing Order 16(1)(c) at the Special Chambers of the Dewan Rakyat.
The CLRC has also been tasked with reviewing Section 97 of the Child Act 2001 (Act 611) following the abolition of the mandatory death penalty and life imprisonment through Act 846. Additional areas of focus include the ongoing moratorium on the death penalty, cybercrime, and national security.
“CLRC has conducted engagement sessions with key stakeholders, including the Prisons Department, the Ministry of Home Affairs and SUHAKAM, as well as public dialogues in Sabah and Sarawak,” Azalina said.
She noted that many provisions in Malaysia’s criminal justice system remain grounded in colonial-era statutes, with the Penal Code and Criminal Procedure Code originally enacted in 1935 and 1936 respectively.
“The establishment of the CLRC is a key reform agenda under the MADANI Government, intended to strengthen the rule of law and ensure our criminal justice system remains relevant, transparent, fair and effective in meeting the needs of society,” she said. - August 12, 2025