The Malaysian government is undertaking a thorough review on the potential abolition of mandatory whipping as part of broader criminal justice reforms aimed at a more humane and progressive system.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the study is being coordinated by the Legal Affairs Division of the Prime Minister’s Department and involves multiple agencies.
“A Special Meeting on the Study of the Abolition of Mandatory Whipping, chaired by the Deputy Minister, was held on 23 June 2025,” she stated in a parliamentary written reply. The meeting included representatives from the Ministry of Home Affairs, Malaysian Prison Department, Ministry of Health, Office of the Chief Registrar of the Federal Court, Royal Malaysia Police, Human Rights Commission of Malaysia (SUHAKAM), and the Bar Council.
Azalina explained that the review is being conducted by a sub-committee under the Legal Affairs Division, which will submit recommendations to the Criminal Law Reform Committee for further assessment. The final report will be presented to the Deputy Minister, then the Minister, before being tabled for Cabinet consideration.
The announcement came in response to Sungai Siput MP Kesavan Subramaniam, who questioned whether the government plans to reform whipping laws, particularly following a death at Taiping Prison last year after an inmate was caned.
Preliminary findings indicate that whipping is prescribed under 57 provisions in the Penal Code, 26 of which carry mandatory sentences. Other legislation, including the Dangerous Drugs Act 1952 and the Immigration Act 1959/63, also stipulate mandatory whipping.
Currently, whipping is carried out by trained prison officers using a rattan cane on the offender’s buttocks, with a medical officer present to monitor health. However, concerns are rising over the long-term physical and psychological effects of whipping, as well as limited access to medical care post-punishment.
Azalina also noted a case reported by SUHAKAM involving a prisoner at Pokok Sena Prison who died after receiving whipping in 2024, highlighting the urgent need for a review of the practice.
