Penal Code 33 (a) “offence” includes every act done outside Malaysia which, if done in Malaysia, would be an offence punishable under this Code; (b) “permanent resident” has the meaning assigned by the Courts of Judicature Act 1964 [Act 91]. Certain laws not to be affected by this Code 5. Nothing in this Code is intended to repeal, vary, suspend or affect any of the provisions of any written law for punishing mutiny and desertion of officers, soldiers and airmen in the Malaysian Armed Forces, or of any other law for the time being in force. CHAPTER II GENERAL EXPLANATIONS Definitions in the Code to be understood subject to exceptions 6. Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision or illustration. ILLUSTRATIONS (a) The sections in this Code which contain definitions of offences, do not express that a child under ten years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that “nothing shall be an offence which is done by a child under ten years of age”. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement, for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

Select target paragraph3