Written by Richard Wee and Fatin Ismail 

The new amendment for the Penal Code went through the first reading on 16 March 2023 and the second reading on 29 March 2023. It was later passed by the House of Representatives on 29 March 2023. 

The Bill seeks to amend the Penal Code to introduce a new section, to provide for an offence of stalking. 

Due to the prevalent rise in stalking cases, it is necessary to criminalise stalking as opposed to before where aggrieved parties would have to resort to filing an injunction application. 

It is clear that the Parliament intends to prevent any party from experiencing repeated acts of harassment (at least two times) and distress, fear or alarm by the “stalking” acts of another person. 

The act of harassment includes:

  1. following a person;
  2. communicating or attempting to communicate with a person;
  3. loitering at the place of residence or business of a person;
  4. giving or sending anything to a person.

It is clear that the Parliament intends to not only prevent physical stalking, but also cyber stalking. This is evident by including “communicating or attempting to communicate with a person” in the definition of stalking. 

It is proposed that the punishment for stalking shall be imprisonment which may extend up to three years, fine or both.

Published on 3 October 2022

Updated on 8 May 2023

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