Kidnapping Act 1961
Parliament of Malaysia
Long title An Act to provide for the detection and punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.
Citation	Act 365
Territorial extent	Throughout Malaysia
Passed by	Dewan Rakyat
Passed	9 August 1961
Enacted	1961 (Act No. 41 of 1961) & 1963 (Act No. 5 of 1963) Revised: 1989 (Act 365 w.e.f. 13 April 1989)
Passed by	Dewan Negara
Passed	26 June 1961
Effective	[Peninsular Malaysia—21 September 1961; Sabah and Sarawak—24 February 1989, P.U. (A) 56/1989; Federal Territory of Labuan—24 February 1989, P.U. (A) 55/1989.]
Legislative history
First chamber: Dewan Rakyat
Bill title	Kidnapping Bill 1961
Introduced by	Leong Yew Koh, Minister of Justice
First reading	8 August 1961
Second reading	8 August 1961
Third reading	9 August 1961
Second chamber: Dewan Negara
Bill title	Kidnapping Bill 1961
Member(s) in charge	Leong Yew Koh, Minister of Justice
First reading	[ ]
Second reading	26 June 1961
Third reading	26 June 1961
Amended by
Kidnapping (Amendment) Act 1967 [Act 33/1967] Titles of Office Ordinance 1949 [P.U. (B) 324/1970] Bank Simpanan Nasional Act 1974 [Act 146] Modification of Laws (Kidnapping Act) (Extension to the States of Sabah and Sarawak) Order 1989 [P.U. (A) 56/1989] Kidnapping (Amendment) Act 1995 [Act A910]
Status: In force

The Kidnapping Act 1961 (Malay: Akta Penculikan 1961), is an Act of the Parliament of Malaysia. It was enacted to provide for the detection and punishment of the offences of abduction, wrongful restraint and wrongful confinement for ransom and other related offences and for matters incidental thereto.

Structure

The Kidnapping Act 1961, in its current form (1 January 2006), consists of 16 sections and no schedule (including 5 amendments), without separate Part.

• Section 1: Short title and application
• Section 2: Interpretation
• Section 3: Abduction, wrongful restraint or wrongful confinement for ransom
• Section 4: Seizure and forfeiture of conveyance
• Section 5: Knowingly receiving ransom
• Section 6: Knowingly negotiating to obtain, or for payment of, ransom
• Section 7: Power to freeze bank account
• Section 8: Public Prosecutor’s power to order inspection of books, accounts, receipts, vouchers or other documents
• Section 9: Public Prosecutor’s powers to obtain information
• Section 10: Duty to give information to police
• Section 11: Power to intercept communication
• Section 12: Remand in custody of police
• Section 13: Evidence of accomplice
• Section 14: Evidence of pecuniary resources or property
• Section 15: Protection of informers
• Section 16: Admission of statements in evidence

Section 3

Section 3(1) created a capital offence with a discretionary death penalty. The death penalty for this offence was abolished by sections 52 and 53 of the Abolition of Mandatory Death Penalty Act 2023.^[1]

Lee Ah Kiew was sentenced to death, under this section, in 1985,^[2] and was executed on 21 May 1987. He was said to have been first to be so executed.^[3]

The following cases were decided under this section:

• Soh Ten Seng & Ors v Public Prosecutor^[4]
• Bernhard Foon & Ors v Public Prosecutor^[5]