Written by: Anis Hadirah bt Abdul Mutalib (2115096)
Stalking has become a prominent issue in this country, it is obvious when a person gets stalked they would felt threatened by the action of the perpetrator, however due to insufficient evidence it is impossible to prosecute someone of stalking, most of the times the victim will have to handle it themselves by ignoring it or wait until the perpetrator actually assault the victim in order to prosecute them1. According to a study by research company and Women’s Aid Organization, it could be seen that 36% of Malaysians has experienced getting stalked in Malaysia. While 12% of them was only being threatened but 17% have suffered injuries due to this2. Stalking is a traumatic experience for the victim and can have long-term psychological effects. The fear of being constantly followed, contacted, or harassed can lead to anxiety, depression, and other mental health issues. It can also affect the victim’s physical health and their ability to live a normal life.
Following a new law which has been passed by the Parliament in 2023, it is official that stalking is considered as a crime under Section 507A of the Penal Code3. The Parliament has unanimously passed a bill which criminalizes stalking whether it is physical or online4. This development shows that Malaysia is taking another steps forward to safeguard the country from the danger of stalker.
According to Section 507A of the Penal Code, it stated that 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 or the person’s safety, commits the offence of stalking5. Following this, a person could be convicted under this section and may be faced punishment of imprisonment for not more than 3 years, a fine or both. This section allows the victim to get their justice of being repeatedly threatened till they felt unsafe even in their own home. It is very common for the perpetrator to get away from harassing the victim due to the lacuna. However, this new amendment has provided a protection for a person getting stalked or harassed in physical form or through online, this includes an act of tracking somebody
without their knowledge6. It is important for us to live in our house without fearing that a stranger to know our whereabouts.
Lastly, another law being passed in the House of Representatives are Section 98A of the Criminal Procedural Code, this would allow a protection order to the victim against their stalkers7. Before this, the protection order would only be accessible for divorced couple or in a case of domestic violence, however, with the new law, a victim would be able to restrain a stranger who is being investigated or charged with stalking offence8. This new amendment serves as protection for the victim from getting harassed again and violation of this orders would result for the offender receiving one (1) year of imprisonment or fine or both9. When the protection order is enforces, the court will put out a restraining order for the perpetrator from going anywhere near the victim or anyone associated to the victim10. This is a progressive action made by the Parliament to ensure the victim’s safety while the stalker is being investigate by the law enforcement of the offence.
In conclusion, the passing of Section 507A of the Penal Code and Section 98A of the Criminal Procedural Code is a crucial step in addressing the issue of stalking in Malaysia. The law provides for strict penalties for offenders and enables victims to seek justice and receive support by seeking for protection order against the perpetrator. The law serves as a warning to potential stalkers and helps law enforcement agencies to monitor convicted stalkers. By having a law in place, Malaysia is taking significant steps to protect its citizens from the traumatic experience of stalking and ensuring their safety and well-being.
BIBLIOGRAPHY
Carvalho, Martin, Rahimy Rahim, and Tarrence Tan. “Online and Physical Stalking Is Now a Crime.” The Star, March 29, 2023. https://www.thestar.com.my/news/nation/2023/03/29/online-and-physical-stalking-is-now-a-crime.
Carvalho, Martin, Tarrence Tan, and Ragananthini Vethasalam. “Anti-Stalking Law: Amendments to Penal Code, CPC Tabled for First Reading.” The Star, August 4, 2022. https://www.thestar.com.my/news/nation/2022/08/04/anti-stalking-law-amendments-to-penal-code-cpc-tabled-for-first-reading.
Loheswar, R. “Anti-Stalking Bill Passed Unanimously in Parliament.” Malay Mail. Malay Mail, October 3, 2022. https://www.malaymail.com/news/malaysia/2022/10/03/anti-stalking-bill-passed-unanimously-in-parliament/31407.
Rahim, Rahimy, Martin Carvalho, and Ragananthini Vethasalam. “Stalking Now a Criminal Offence.” The Star, October 4, 2022. https://www.thestar.com.my/news/nation/2022/10/04/stalking-now-a-criminal-offence.