Criminalise Stalking Now!

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If your boyfriend or girlfriend just dumped you, but you still care of them. You call and text your ex numerous times a day or perhaps you follow them around. It seems like a typical, innocent heartbreak, but beware, you could be a stalker.

Stalking is a form of harassment, where a person is repeatedly subjected to unwanted attention/being followed, so much so, it causes the person to fear for his/her safety and, most often, suffer emotional distress.

According to the Women’s Aid Organization (WAO), women are the common victims of the prevailing issue of stalking in Malaysia.

But, as of now, there is no direct law saying stalking was illegal. Section 350 of Penal Code only said that it was only an offence when there is “touching” involved.  There’s no definition of stalking in the Penal Code. So, technically, we can say that stalking is currently not a crime in Malaysia.

Unlike some countries like USA and Canada, they had taken a progressive step in passing a specific anti-stalking laws.

In Malaysia, Domestic Violence Act 1994 (DVA) does afford some indirect form of protection to victims of stalking. This was via Section 2 of the Act defines ‘domestic violence’ widely to include, inter alia, willful or knowingly placing, or attempting to place victim in fear of physical injury.

A victim may apply for a protection order against their perpetrators, which serves as an injunctive relief to prohibit the perpetrator from abusing against the victim. But the law falls short in many respects. One of them is that, this law was not really preventive. A victim may only apply for a protection order when an abuse has already taken place.  In most cases, this measure is often too little, too late.

What should be done is that the offence of stalking must be inserted as an offence in the Penal Code. It’s protection under the Domestic Violence Act 1994 (DVA) was not strong enough and it would be stronger if it is standalone in the Penal Code.

The government should take action by amending the Penal Code so that we can say it out loud that stalking is a crime.


  1. Ryan Tan Lin Hong (2019), Criminalise Stalking: a long time coming for Malaysia,
  2. Ida Lim (2017), Minister hints at new law against stalkers,

14 thoughts on “Criminalise Stalking Now!”

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