Any person who by himself, or by or in conjunction with any
other person –
corruptly solicits or receives or agrees to receive for himself or for any other person; or
corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,
any gratification as an inducement to or a reward for, or otherwise on
any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,
commits an offence.
Section 17 Offence of giving or accepting gratification by agent
A person commits an offence if—
being an agent, he corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or
he corruptly gives or agrees to give or offers any gratification to any agent as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavor to any person in relation to his principal’s affairs or business.
Section 17A Offence by commercial organization
A commercial organization commits an offence if a person associated with the commercial organization corruptly gives, agrees to give, promises or offers to any person any gratification whether for the benefit of that person or another person with intent—
to obtain or retain business for the commercial organization; or
to obtain or retain an advantage in the conduct of business for the commercial organization.
Any commercial organization who commits an offence under this section shall on conviction be liable to a fine of not less than ten times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of pecuniary nature, or one million ringgit, whichever is the higher, or to imprisonment for a term not exceeding twenty years or to both.
Where an offence is committed by a commercial organization, a person—
who is its director, controller, officer or partner; or
who is concerned in the management of its affairs
at the time of the commission of the offence, is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
If a commercial organization is charged for the offence referred to in subsection (1), it is a defence for the commercial organization to prove that the commercial organization had in place adequate procedures to prevent persons associated with the commercial organization from undertaking such conduct.
The Minister shall issue guidelines relating to the procedures mentioned in subsection (4).
For the purposes of this section, a person is associated with a commercial organization if he is a director, partner or an employee of the commercial organization or he is a person who performs services for or on behalf of the commercial organization.
The question whether or not a person performs services for or on behalf of the commercial organization shall be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between him and the commercial organization.
For the purposes of this section, “commercial organization” means–
a company incorporated under the Companies Act 2016 [Act 777] and carries on a business in Malaysia or elsewhere;
a company wherever incorporated and carries on a business or part of a business in Malaysia;
under the Partnership Act 1961 [Act 135] and carries on a business in Malaysia or elsewhere; or
which is a limited liability partnership registered under the Limited Liability Partnerships Act 2012 [Act 743] and carries on a business in Malaysia or elsewhere; or
a partnership wherever formed and carries on a business or part of a business in Malaysia.
Section 18 Offence of intending to deceive principal by agent
Any person commits an offence if he gives to an agent or being an agent uses with intent to deceive his principal’s any receipt, account or other document which contains any statement which is false in material particulars with intend to misled the principal.
Section 23 Offence of using office or position for gratification
Any officer of the public body commits an offence when he uses his office or position for gratification when he makes any decision or takes any action whether for himself, his relative or associate in relation to any matter in which such officer or any relative or his associate , has interest whether directly or indirectly.
Section 25 Duty to report bribery transactions
Any person to whom gratification is given, promised or offer shall report such gift, promise or offer and any person who fail to report commits an offence and shall on conviction be liable to a fine not exceeding RM 100,000.00 or imprisonment for a term not exceeding 10 years.
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