Five teenage girls were charged in the Juvenile Court in Kota Kinabalu on Wednesday for allegedly using insulting words against a Form One student, Zara Qairina Mahathir, last month.
The case was mentioned before Sessions Court Judge Elsie Primus, in a closed-door proceeding.
They were accused of acting with common intention in using insulting words against Zara Qairina, 13, which were heard by the victim and could have caused her distress.
The five students were alleged to have committed the act between 10 pm and 11 pm on July 15 at Rabiatul Adawiyah Dorm A-3-6, SMKA Tun Datu Mustapha Limauan, Papar.
The charge was framed under Section 507C(1) of the Penal Code, read together with Section 34, which provides for imprisonment of up to one year or a fine, or both, upon conviction.
Below is a summary of nine frequently asked questions (FAQ) released on Wednesday by the Legal Affairs Division (BHEUU) of the Prime Minister’s Department regarding the Penal Code and the Child Act 2001:
1.What is the basic law applicable to children committing crimes?
Every individual is responsible for their criminal acts, including children under 18. The Penal Code and other punitive laws in Malaysia do not exempt anyone from criminal liability.
2. Is there a difference if the crime involves a juvenile offender?
The case and criminal liability remain the same even if it involves a child offender.
However, under the Child Act 2001, differences exist in court proceedings: children’s rights and dignity must be protected, their identities cannot be disclosed (Section 15), and proceedings must be held in private (Section 12).
3. What is the Child Act 2001 [Act 611]?
The Act standardizes laws related to children (defined as anyone under 18) in Malaysia. Its aim is to provide rehabilitation and care for children in conflict with the law, safeguard confidentiality and dignity, ban media from revealing identities, and align with the UN 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 crimes and punishments (punitive).
The Child Act: procedural law, providing a framework when a child offender is charged.
5. Does the Child Act protect only victims?
No. It protects all children, whether victims, witnesses, or accused.
6. What is the difference between the Juvenile Court and a normal criminal court?
The Juvenile Court is presided over by a Magistrate, assisted by two advisers, one of whom must be a woman.
7. Does the Child Act impose criminal punishment?
No. Punishment is prescribed under the Penal Code or other punitive laws.
8. Does the Child Act prevent bullies from being punished?
No. Juvenile offenders can still be punished under the Penal Code.
9. Is spreading false or misleading information a crime?
Yes. Spreading false information that disturbs public order, harms reputations, or threatens national security is a crime.
Under Section 124I of the Penal Code, anyone spreading false reports verbally, in writing, print, or electronically may face imprisonment of up to 5 years.
