Kidnapping Act 1961


The Kidnapping Act 1961, is an Act of the Parliament of Malaysia. It was enacted 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.

Structure

The Kidnapping Act 1961, in its current form, consists of 16 sections and no schedule, without separate Part.
  • Section 1: Short title and application
  • Section 2: Interpretation
  • Section 3: Abduction, wrongful restraint or wrongful confinement for ransom
  • Section 4: Seizure and forfeiture of conveyance
  • Section 5: Knowingly receiving ransom
  • Section 6: Knowingly negotiating to obtain, or for payment of, ransom
  • Section 7: Power to freeze bank account
  • Section 8: Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents
  • Section 9: Public Prosecutor’s powers to obtain information
  • Section 10: Duty to give information to police
  • Section 11: Power to intercept communication
  • Section 12: Remand in custody of police
  • Section 13: Evidence of accomplice
  • Section 14: Evidence of pecuniary resources or property
  • Section 15: Protection of informers
  • Section 16: Admission of statements in evidence

Section 3

Section 3 created a capital offence with a discretionary death penalty. The death penalty for this offence was abolished by sections 52 and 53 of the Abolition of Mandatory Death Penalty Act 2023.
Lee Ah Kiew was sentenced to death, under this section, in 1985, and was executed on 21 May 1987. He was said to have been first to be so executed.
The following cases were decided under this section: