What is the penalty for not reporting child sexual abuse under SOACA?

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The penalty for failing to report child sexual abuse under SOACA is a fine not exceeding RM5,000.

Failure to report sexual crimes against children as stipulated under Section 19 of the Sexual Offences Against Children Act 2017 (SOACA) is an offence. Upon conviction, the penalty prescribed is a fine not exceeding five thousand ringgit. This specific provision mandates that any person aware of the commission or intended commission of an offence under SOACA, or any scheduled offence where a child is the victim, must report it to the nearest police station.
Nature of the Offence and Investigative Powers

The offence under Section 19 of SOACA is classified as a non-seizable offence. This classification has significant implications for the investigative process, as outlined in the Criminal Procedure Code. For non-seizable offences, the police generally require an Order to Investigate (OTI) from the public prosecutor or a deputy public prosecutor before commencing an investigation. Without such an order, any evidence collected during an investigation could be deemed inadmissible.
Legal Precedents on Non-Seizable Offences

High Court rulings have clarified the procedures for investigating non-seizable offences. In cases such as Chan Ah Moi v Phang Wai Ann and PP v Cha Chor Kian, it was established that police must first ascertain the nature of an offence. If it is non-seizable, an investigation can only proceed after obtaining an OTI from the deputy public prosecutor. This requirement ensures that investigations into less serious matters are properly authorised, as police powers like arrest without a warrant are not automatically applicable.
Concerns Regarding the Current Penalty

The current penalty of a fine not exceeding RM5,000 for failing to report child sexual abuse has been described as potentially insufficient. Given the gravity of the underlying offences against children, a monetary fine might not serve as an adequate deterrent. There is an argument that all offences under SOACA, including the failure to report, should be treated as seizable offences to ensure more robust investigation and protection for child victims.

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What is the penalty for not reporting child sexual abuse under SOACA?

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