Legal Amendments Decriminalising Suicide Now In Effect

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The government is enforcing the Penal Code (Amendment) (No 2) Act 2023, the Criminal Procedure Code (Amendment) (No 2) Act 2023 and the Mental Health (Amendment) Act 2023 in conjunction with World Suicide Prevention Day 2025 today.
The Prime Minister’s Department Legal Affairs Division and the Health Ministry said in a joint statement today that the move complements efforts to decriminalise attempted suicide in Malaysia.
“The Legal Affairs Division wishes to stress that the offence of abetment of suicide remains in force, and abetment of attempted suicide has been introduced under Section 306 of the Penal Code.
“It is further distinguished based on the category of person who is influenced to commit he relevant acts (abetment of suicide or attempted suicide of a child or person who lacks mental capacity) under Section 305 of the Penal Code,” the statement said.
In 2023, the Madani government tabled three bills in Parliament, namely the Penal Code (Amendment) (No 2) Bill 2023, the Criminal Procedure Code (Amendment) (No 2) Bill 2023, and the Mental Health (Amendment) Bill 2023, aimed at decriminalising attempted suicide in Malaysia, all of which were passed the same year.
The Penal Code (Amendment) (No 2) Bill 2023 repeals Section 309 of the law, which provides that a person who attempts to commit suicide may be charged in court and, if found guilty, may be sentenced to imprisonment for up to one year, a fine, or both.
In addition, as a follow-up measure, the Mental Health (Amendment) Bill 2023 introduces crisis intervention officers, comprising personnel from the police, the Malaysian Fire and Rescue Department, the Malaysian Civil Defence Force, the Malaysian Maritime Enforcement Agency, and the Social Welfare Department.
“Through this amendment, crisis intervention officers are granted the appropriate powers to act under Section 11 of the Mental Health Act 2001 in the event of a suicide attempt.
“These powers, among others, are intended to take a person who has attempted suicide to a psychiatric hospital for examination in accordance with the provisions of the Act,” said the statement.
According to the Legal Affairs Division and the Health Ministry, from an implementation perspective, the officers can take individuals to the nearest gazetted government hospital emergency department for initial assessment and treatment.
In this regard, the Health Ministry is in the final stages of gazetting almost all of its hospitals, as well as two university hospitals, as government psychiatric hospitals, bringing the total to 145 hospitals that can receive crisis intervention officer referrals, including cases in rural areas.
“Specific training for crisis intervention officers on managing such individuals will also commence in the near future to ensure uniform implementation nationwide.
“This legal reform will be a major shift in efforts to prevent suicide attempts in Malaysia by encouraging those affected by mental health issues to come forward for help, reducing the stigma surrounding suicide attempts, and ultimately lowering the rate of deaths by suicide,” the statement said.
- Bernama

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