Dewan Rakyat passes amendments to criminalise stalking, protect victims

PARLIAMENT | The Dewan Rakyat has passed legal amendments that would criminalise stalking while also offering protection to victims.

The amendments to the Penal Code and Criminal Procedure Code (CPC) were passed with a voice vote in the Dewan Rakyat.

Under a new Section 507A in the Penal Code, an individual would be considered stalking if the person repeatedly, by any act of harassment, intends to cause, or know or ought to know, that such an act causes distress, fear, or alarm to any person of their safety.

It is punishable by up to three years’ imprisonment and fines.

Meanwhile, the CPC amendment allows victims, their counsels, and guardians of a child or incapacitated adult to seek a court-issued protection order via an ex parte application.

With the order, the suspected offender will be prohibited from further committing any act of stalking under Section 507A of the Penal Code.

This includes restraining the suspected individual “from going near” the victim or any other person related to or associated with the victim at a distance the court thinks reasonable.

Failure to comply with the restraining order could prompt punishment of up to one year of imprisonment, fines, or both.

Deputy Minister in the Prime Minister’s Department (Parliament and Law) Mas Ermieyati Samsuddin (above) said the protection order is valid until the end of the trial.

In the event of continued stalking after the trial, she said victims will have to file for a new protection order.

However, MPs pointed out several flaws in the bill which were not remedied.

Hannah Yeoh (Pakatan Harapan-Segambut) said stalking should be made a seizable offence, meaning police can arrest accused stalkers.

Under the current version of the law, a suspected stalker can’t be arrested.

Mohamed Hanipa Maidin (Harapan-Sepang), meanwhile, expressed concern that prosecutors will have to prove intent in order to secure a conviction.

He said this could lead to some cases being dropped on technical grounds.

Nazri Abdul Aziz (BN-Padang Renggas) also questioned why there was a clause that allowed for the accused stalker to apply for the protection order to be set aside.

He said this defeats the purpose of the protection order and should be scrapped.

Likewise, Shaharizukirnain Abdul Kadir (Perikatan Nasional-Setiu) also asked whether the protection order can apply to the accused’s next of kin.

He expressed concern that this could be a loophole used to harass and pressure victims.

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