What is the legal consequence of failing to report child sexual abuse in Malaysia?

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Failure to Report Child Sexual Abuse Carries a Fine and Requires an Order to Investigate

Failing to report sexual crimes against children in Malaysia is an offence under Section 19 of the Sexual Offences Against Children Act 2017 (SOACA), punishable by a fine not exceeding RM5,000. This offence is classified as non-seizable, meaning police require an order to investigate from the public prosecutor before they can proceed.
Legal Framework for Reporting Failures

Section 19 of SOACA stipulates that any person who fails to provide information about the commission or intended commission of an offence under the Act, or a scheduled offence where the victim is a child, to the nearest police station commits an offence. Upon conviction, the penalty is a fine of up to RM5,000. This provision underscores a legal obligation to report such crimes, aiming to ensure timely intervention and protection for child victims.
Non-Seizable Nature of the Offence

The consequence of this fine categorises the offence as non-seizable. Under the Criminal Procedure Code, non-seizable offences are considered less serious. Crucially, for the police to investigate such an offence, an Order to Investigate (OTI) must first be obtained from the public prosecutor or a deputy public prosecutor. This requirement acts as a procedural prerequisite before any investigative actions can be initiated by law enforcement.
Judicial Interpretation of Non-Seizable Offences

Court decisions have clarified the necessity of an OTI for non-seizable offences. Cases such as Chan Ah Moi v Phang Wai Ann and PP v Cha Chor Kian established that police cannot conduct an investigation into a non-seizable offence without this explicit order. The rationale behind this is that such offences are generally considered trivial, and the OTI ensures proper oversight before police exercise investigative powers.
Arguments for Reclassifying Reporting Failures

There are arguments that offences under SOACA, including the failure to report, should be treated as seizable offences due to the grave nature of child sexual abuse. The current fine of up to RM5,000 is considered insufficient by some, potentially being a minor deterrent for offenders. The contention is that a failure to report, when it relates to serious crimes against children, should not be categorised as a less serious offence.

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What is the legal consequence of failing to report child sexual abuse in Malaysia?

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