Penal Code
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Certain laws not to be affected by this Code
5. Nothing in this Code is intended to repeal, vary, suspend or
affect any of the provisions of any written law for punishing
mutiny and desertion of officers, soldiers and airmen in the
Malaysian Armed Forces, or of any other law for the time being
in force.
Chapter II
GENERAL EXPLANATIONS
Definitions in the Code to be understood subject to exceptions
6. Throughout this Code every definition of an offence, every
penal provision and every illustration of every such definition
or penal provision, shall be understood subject to the exceptions
contained in the Chapter entitled “General Exceptions”, though
those exceptions are not repeated in such definition, penal provision
or illustration.
ILLUSTRATIONS
(a) The sections in this Code which contain definitions of offences,
do not express that a child under ten years of age cannot commit such
offences, but the definitions are to be understood subject to the general
exception which provides that “nothing shall be an offence which is
done by a child under ten years of age”.
(b) A, a police officer, without warrant, apprehends Z, who has
committed murder. Here A is not guilty of the offence of wrongful
confinement, for he was bound by law to apprehend Z, and therefore the
case falls within the general exception which provides that “nothing is
an offence which is done by a person who is bound by law to do it”.
Expression once explained is used in the same sense throughout
the Code
7. Every expression which is explained in any part of this
Code, is used in every part of this Code in conformity with the
explanation.