IN light of growing public interest in juvenile legal proceedings, the Legal Affairs Division (BHEUU) of the Prime Minister’s Department has issued a set of nine frequently asked questions (FAQ) to clarify the application of the Penal Code and the Child Act 2001.
These FAQs aim to improve public understanding of how Malaysian law treats children in conflict with the law, particularly in criminal cases.
In the case involving five secondary school girls accused of verbally abusing a Form One student, Zara Qairina Mahathir, which was heard behind closed doors at the Kota Kinabalu Juvenile Court, here’s what Malaysians need to know about the law involving child offenders.
Five teenage girls were brought before the Juvenile Court here on Wednesday to face charges of using insulting language towards 13-year-old Zara Qairina Mahathir, a Form One student, last month.
The case was heard before Sessions Court Judge Elsie Primus in a closed-door proceeding to protect the identity and welfare of the minors involved.
The five were jointly charged with verbally insulting Zara Qairina in a manner that was heard by the victim and was likely to cause her distress.
The incident allegedly occurred between 10pm and 11pm on 15 July at the Rabiatul Adawiyah Dorm A-3-6, Sekolah Menengah Kebangsaan Agama Tun Datu Mustapha Limauan W\.D.T 15, Papar.
The girls were charged under Section 507C(1) of the Penal Code, read together with Section 34 of the same Code. If convicted, they face a sentence of up to one year in prison, a fine, or both.
In light of the case, the Legal Affairs Division (BHEUU) of the Prime Minister’s Department said on Wednesday:
1. What are the basic laws applicable to children who commit offences?
All individuals, including those under the age of 18, are held responsible for criminal acts. The Penal Code and other punitive laws in Malaysia do not exempt minors from criminal liability.
2. Are there differences when a crime involves a child offender?
While the crime and liability remain the same, there are procedural differences. Under the Child Act 2001, the child’s rights and dignity must be upheld, their identity cannot be revealed to the public (Section 15), and court proceedings are held in private to maintain confidentiality and welfare (Section 12).
3. What is the Child Act 2001 [Act 611]?
The Act standardises laws related to individuals under 18 in Malaysia. It aims to provide rehabilitation and protection for children in conflict with the law, preserve their dignity and confidentiality, and align with the United Nations Convention on the Rights of the Child (UNCRC).
4. What is the difference between the Child Act 2001 and the Penal Code?
The Penal Code defines criminal offences and their punishments (punitive in nature), whereas the Child Act 2001 is procedural and outlines how to handle juvenile offenders when they are charged.
5. Does the Child Act only protect victims?
No. The Act protects all children – whether they are victims, witnesses, or the accused.
6. How does the Children’s Court differ from regular criminal courts?
When a court sits as a Children’s Court, it is presided over by a Magistrate and assisted by two panel advisers, one of whom must be a woman.
7. Does the Child Act impose criminal penalties?
No. Criminal penalties are imposed under the Penal Code or other punitive laws.
8. Does the Child Act prevent child bullies from being punished?
No. Child offenders can still be punished under the Penal Code.
9. Is spreading false or misleading information a criminal offence?
Yes. Disseminating false information that disrupts public order, harms reputations, or threatens national security is a criminal offence.
This is addressed under Section 124I of the Penal Code, which provides for imprisonment of up to five years for anyone who, through speech, writing, printed media, or electronic means, spreads false reports or makes false statements likely to cause public alarm. - August 20, 2025
