MALAYSIA does not currently have a specific law governing home detention, Home Minister Datuk Seri Saifuddin Nasution Ismail said, as the Government prepares to begin the process of drafting legislation on the mechanism.
Saifuddin said the proposed Home Detention Act had been conceived primarily to address prison overcrowding by allowing eligible remand detainees to await trial at home under electronic monitoring, subject to the court’s consideration.
“The concept we have discussed from the beginning is clear, namely that for remand detainees who meet the requirements, the court may consider placing them at home with monitoring using electronic devices until the date of trial.
“Serious criminal cases have already been identified for exclusion from this mechanism.
“We do not yet have an Act or law on home detention. Previously, I had mentioned that I wanted to establish one specifically for remand detainees, as remand detainees are one of the causes of prison overcrowding,” he said in a video posted on Facebook.
Saifuddin said the Cabinet had given in-principle approval for the Home Ministry to begin the process of drafting and tabling the Bill in Parliament.
This means the proposed mechanism remains subject to the legislative process and has not yet become law.
He said Malaysia currently had 41 prisons housing about 93,000 inmates, compared with a capacity of about 75,000.
Saifuddin said prison inmates comprised convicted offenders serving sentences and remand detainees awaiting the completion of court proceedings.
Remand detainees are those who have been charged but are either denied bail or unable to meet bail conditions, resulting in their detention pending trial.
He said if the proposed Bill was passed, courts could consider placing eligible remand detainees under home detention, with their movements monitored electronically until their trial dates.
“The original objective remains, namely to reduce prison overcrowding and ensure that the country’s correctional system can be managed more effectively. That is the original context and purpose of the Home Detention Act that we have discussed from the beginning.
“If the Bill is passed, we can move these remand detainees to their homes and equip them with modern devices to monitor their movements until the date of trial. That is the original purpose we discussed,” he said. - September 20, 2026
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