The Dewan Rakyat and Dewan Negara have passed a law to decriminalise attempted suicide in Malaysia.
The new law has removed Section 309 of the Penal Code[1], which had previously made attempted suicide a crime punishable by imprisonment of up to 1 year or a fine.
Although not common, there are individuals who have been found guilty of attempted suicide. One such case would be Fong Chee Ping[2], who cut his own neck and stabbed his own stomach after causing the death of his tenant, whom he had a crush on. Fong Chee Ping had admitted to the doctors treating him that he inflicted the injuries on himself. However, the Court acquitted Fong Chee Ping and ordered that he be kept in safe custody under medical supervision, due to his unsoundness of mind.
With the removal of Section 309 of the Penal Code, a person attempting suicide would not be treated as a potential criminal.
In line with that, the Mental Health Act 2001 has also been amended to empower Crisis Intervention Officers to apprehend any person attempting to commit suicide (or any person believed to be mentally disordered and dangerous) and bring that person to a psychiatric hospital.[3]
As far as attempted suicide is concerned, the law has been amended to do away with a punitive system and adopt rehabilitative steps.
On a different note, Parliament has clamped down hard on the abetting (assisting and encouraging) of attempted suicide.[4] Previously, the law made it an offence to drive someone to commit suicide, only if that person actually commits suicide and dies. If the victim had attempted suicide and survived, the previous Sections 305 or 306 of the Penal Code would not have applied.
Now, the law has made it an offence to abet suicide even when it does not result in an actual suicide and no life has been lost. The law, as amended, need not wait for death before intervention.
Deputy Minister Ramkarpal Singh explained that the new Sections 305 or 306 of the Penal Code may address cases of extreme cyberbullying, where victims are encouraged to take their own life.[5]
Overall, the amendments to the Penal Code and Mental Health Act 2001 demonstrate that the law and crimes we know are capable to adapting to the everchanging societal needs and threats.
Life is precious, and the law must be capable of protecting life preciously.
[1] S. 4, Penal Code (Amendment) (No.2) Bill 2023
[2] Fong Chee Ping v Public Prosecutor [2014] 1 LNS 1931
[3] S. 2, Mental Health (Amendment) Act 2023
[4] S. 2 & S. 3, Penal Code (Amendment) (No.2) Bill 2023
[5] Dewan Rakyat, 22 May 2023
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
