Government enforces three acts to decriminalise suicide attempts in Malaysia

PUTRAJAYA: The government has officially enforced three legislative amendments to address suicide prevention and decriminalise attempted suicide in Malaysia.

The Penal Code (Amendment) (No. 2) Act 2023, Criminal Procedure Code (Amendment) (No. 2) Act 2023 and Mental Health (Amendment) Act 2023 came into force in conjunction with World Suicide Prevention Day 2025.

The Legal Affairs Division of the Prime Minister’s Department and Ministry of Health confirmed this significant legal reform through a joint statement released today.

This legislative change represents the culmination of efforts begun in 2023 when the MADANI Government tabled three bills in Parliament aimed at decriminalising attempted suicide.

All three bills were passed the same year, marking a fundamental shift in Malaysia’s approach to mental health and suicide prevention.

The Penal Code (Amendment) (No. 2) Act 2023 specifically repeals Section 309 of the Penal Code which previously criminalised attempted suicide with potential imprisonment of up to one year.

While decriminalising attempted suicide, the government has maintained and strengthened provisions against abetment of suicide under Section 306 of the Penal Code.

The amendment further introduces specific provisions for abetment of attempted suicide involving children or persons lacking mental capacity under Section 305.

The Mental Health (Amendment) Act 2023 establishes Crisis Intervention Officers comprising personnel from multiple government agencies including police, fire and rescue, civil defence, maritime enforcement and social welfare departments.

These officers receive appropriate powers under Section 11 of the Mental Health Act 2001 to intervene during suicide attempts and transport individuals to psychiatric hospitals for examination.

From an implementation perspective, Crisis Intervention Officers can take individuals to the nearest gazetted government hospital emergency department for initial assessment and treatment.

The Ministry of Health is finalising the gazettement of almost all government hospitals plus two university hospitals as designated psychiatric hospitals, totalling 145 facilities nationwide.

This extensive network ensures that even rural areas have accessible facilities for Crisis Intervention Officer referrals and mental health support.

Specific training programmes for Crisis Intervention Officers will commence shortly to ensure uniform implementation across all states and territories.

This comprehensive legal reform aims to reduce stigma surrounding suicide attempts and encourage those with mental health issues to seek professional help.

The government anticipates that these changes will ultimately contribute to lowering Malaysia’s suicide rate through improved prevention and support mechanisms. – Bernama

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