An obsessed ex that persistently tries to contact you despite you having communicated your disapproval. A stranger that is always lurking at every corner and following you on your way back home. A dodgy person sitting in a car with its lights turned off parked outside your home for hours. Unwarranted ‘gifts’ or objects given to you or sent to your work place. You feel uneasy and anxious. You feel like a shadow is watching your every step.
These are all possible scenarios of stalking which may have occurred to you or someone you know. You may have read of murder, assault or battery cases that started off as stalking cases. Stalking was previously not criminalized in Malaysia. It was often the case that the law only kicked in and punished the offender when the victim has already suffered some harm. The law was not proactive.
This has now changed. The Malaysian Parliament passed the Anti-Stalking Bill that was presented by the Law and Institutional Reform of the Prime Minister’s Department in March 2023.
The Anti-Stalking Bill introduced a new offence in the Penal Code i.e. section 507A which at subsection (1) states: –
“…whoever repeatedly by any act of harassment, intending to cause, or knowing or ought to know that the act is likely to cause, distress, fear or alarm to any person of the person’s safety, commits an offence of stalking”.
It is worth highlighting that the offender could either be a stranger or someone you know.
The word ‘repeatedly’ is defined to be at least on two occasions. So, an act of harassment must happen at least twice.
Section 507A(2) goes on to define what may be an act of harassment. The word ‘may’ indicate that the list is not exhaustive and may be interpreted by Court on a case-to-case basis. An act of harassment consists of the following: –
- following or tracking a person in any manner or by any means;
- communicating or attempting to communicate with a person in any manner or by any means;
- loitering at the place of residence or business of a person;
- giving or sending any thing to a person in any manner or by any means.
Anyone who is found guilty of stalking will be punished with imprisonment for a term not more than three years or with fine, or both.
Other than that, the Criminal Procedure Code has also been amended in light of the Anti-Stalking Bill. A new section 98A is introduced whereby a victim of stalking, among others, may apply to the Court for a Protection Order against a person who is being investigated for stalking. The Protection Order, if granted, shall be effective until the investigation is completed, or until the criminal proceeding in Court is completed (whichever is later).
So next time you feel you are being stalked by someone, know that the law can come to your aid proactively. Seek legal advice from an experienced criminal lawyer and take action. You are entitled to enjoy your personal liberty every day without fear and distress.
About the Author
Afiq Iskandar is a Legal Associate of XK Law. He graduated from MARA University of Technology, Malaysia. Afiq has multiple interests in life beyond reading law viz. sports, film, music and poetry. He believes that art, in whatever form they may be, is a necessity of life.
