The obscure law that can land M'sians up to 5-year jail, RM50k fine or both, simply for not having their IC with them
Over the past 3 years or so, there have been many viral news stories about Malaysians who ended up getting fined and even jailed simply for failing to produce their identification card (IC) when asked to do so by the relevant authorities.
In February this year, a 27-year-old Sarawakian was jailed for a month by the Magistrate’s Court after he failed to pay a fine of RM2,000 for failure to produce his MyKad to police officers at Jalan Temple in Sibu, Sarawak on 25 January 2024.
Meanwhile, a Malaysian man known as Cho shared back in May how he was jailed for 4 days for not having his temporary IC with him when going out to a mall in Klang, Selangor. He was only 16 at that time and had lost his IC before the incident.
These are two recent instances where Malaysians were fined or jailed for not having their MyKad with them while going out. Moreover, all of these cases involve an individual being convicted under an obscure law which allows for a fine of up to RM50,000, jail of up to 5 years or both for the offence of failure to produce IC when asked to do so by the authorities.
So, what is this law, and what does it entail? Well, join us as we delve into the matter below.
The National Registration Act 1959
Governed under the National Registration Act 1959, the legislation, which, as the name suggests, allows for the Home Ministry to make regulations relating to identity cards.
Specifically, under Section 6(2) of the Act, the Home Ministry is given the power, among others, to make regulations for the impositions or penalties for any contravention of any regulations. Subsection (2)(u) below further prescribes that the penalty can be up to RM50,000 fine, jail of up to 5 years or both.
National Registration Regulations 1990
One such regulation under this parent Act is the National Registration Regulations 1990, which has been amended several times, the most recent being in 2007.
Under Regulation 6 below, it is established that an individual for whom an identity card has been issued must at all times carry with them the identity card and subject to the provision of the Regulations, be responsible for the custody of the identity card.
For the removal of doubt, Regulation 2 below defines an identity card as follows:
Moreover, Regulations 7(1) and 7(1A) below give the authority to any registration officer, police officer, customs officer or any member of the Armed Forces while on sentry or prowler duty or any other officer or class or description of a public officer authorised in writing on that behalf by the Director General to inspect the identity of any person, except for a person exempted under Regulation 27.
For reference, here’s the list of exempted persons as per Regulation 27:
Meanwhile, Regulations 7(2) and 7(3) below detail the conditions for the inspection of an identity card of any person and the actions they may take if they find the identity card to be false or have reasonable cause to suspect that the particulars in the identity card to be false.
Circling back to the subject matter at hand, Regulation 25 of the National Registration Regulations 1990 prescribes the offences and penalties under the Regulations, with Regulation 25(n) below being the most relevant for failure to produce an identity card.
The punishment for such an offence is imprisonment of up to 3 years or a fine of up to RM20,000. However, as we’ve elaborated previously, Section 6(2)(u) of the parent Act, the National Registration Act 1959, allows for the impositions or penalties for any contravention of any regulations under the Act with the penalty of up to RM50,000 fine, jail of up to 5 years or both.
Hence, the Home Minister can change the penalty under Regulation 25 of the National Registration Regulations 1990 to up to RM50,000 fine, up to 5 years in jail, or both rather than the current up to 3 years in jail or up to RM20,000 penalty.
Hence, it is highly advisable for all Malaysians to always carry their IC whenever they leave their homes to avoid being subject to a charge for an offence under the above law and regulations.
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