Unlawful confinement - IAC

Malaysia

Malaysia - Criminal Code 1976 (2006) EN

CHAPTER XVI
OFFENCES AFFECTING THE HUMAN BODY

Wrongful Restraint and Wrongful Confinement

Wrongful confinement
340. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

Punishment for wrongful restraint
341. Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to one thousand ringgit or with both.

Punishment for wrongful confinement
342. Whoever wrongfully confines any person shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand ringgit or with both.

Wrongful confinement for three or more days
343. Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Wrongful confinement for ten or more days
344. Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Wrongful confinement of person for whose liberation a writ has been issued
345. Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment for a term which may extend to two years, in addition to any term of imprisonment to which he may be liable under any other section of this Code.

Wrongful confinement in secret
346. Whoever wrongfully confines any person in such a manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment for a term which may extend to two years, in addition to any other punishment to which he may be liable for such wrongful confinement.

Wrongful confinement for the purpose of extorting property or constraining to an illegal act
347. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security, or of constraining the person confined, or any person interested in such person, to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Wrongful confinement for the purpose of extorting confession or of compelling restoration of property
348. Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined, or any person interested in the person confined, to restore, or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

Rome Statute

Article 8 War crimes

2. For the purpose of this Statute, ‘war crimes’ means:

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(vii) Unlawful deportation or transfer or unlawful confinement;