Corrosive and Explosive Substances and Offensive Weapons Act 1958 | |
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Parliament of Malaysia | |
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Citation | Act 357 |
Territorial extent | Throughout Malaysia |
Enacted by | Federal Legislative Council |
Enacted | 1958 (Ord. No. 43 of 1958) Revised: 1988 (Act 357 w.e.f. 1 December 1988) |
Effective | [Peninsular Malaysia—1 January 1959, L.N. 384/1958; Sabah and Sarawak—16 September 1963, L.N. 232/1963] |
Amended by | |
Corrosive and Explosive Substances and Offensive Weapons (Amendment) Act 1961 [Act 16/1961] Modification of Laws (Internal Security and Public Order) (Borneo States) Order 1963 [L.N. 232/1963] Contents | |
Status: In force |
The Corrosive and Explosive Substances and Offensive Weapons Act 1958 (Malay : Akta Bahan-Bahan Kakisan dan Letupan dan Senjata Berbahaya 1958) is a Malaysian law which enacted to provide certain penalties relating to the unlawful possession of corrosive and explosive substances and the carrying of offensive weapons.
The Corrosive and Explosive Substances and Offensive Weapons Act 1958, in its current form (1 October 2014), consists of 12 sections and 2 schedules (including 9 amendments), without separate Part.
Under this Act, the carrying or possession of offensive weapon in public places without lawful authority or lawful purpose is criminalised under section 6(1) of the Act. Anyone found guilty under this section is punishable with a minimum of 5 years to a maximum of 10 years of imprisonment and may also be subjected to whipping.
This offence is a non-bailable offence and no bail can be granted by the court for anyone charged under section 6(1). During the court trial, the burden of proving the existence of lawful purpose will be lied upon the accused, not the prosecutor. [1]
However, under section 6(2), the carrying of an offensive weapon by members of security forces such as police or military in the performance of their duty, or by anyone in his ceremonial dress during a ceremony is considered as "carried with lawful athority" instead and will not be prosecuted.
Under section 7(1), it is an offence to carry or possess (either in public or private), manufacture, sell, hire, or offer for sale or hire, or lend or give to another person any scheduled weapon without lawful purpose. Anyone found guilty under this section is punishable with a minimum of 5 years to a maximum of 10 years of imprisonment.
This offence is a non-bailable offence and no bail can be granted by the court for anyone charged under section 7(1). During the court trial, the burden of proving the existence of lawful purpose will be lied upon the accused, not the prosecutor. [1]
The following is a list of chemicals gazetted as a "corrosive substance" under the First Schedule of this Act as of 26 September 2024. The definition of "corrosive substance" under this Act are not limited to the following list only and may include any other substances that can cause hurt on human body by corrosive action.
The following is a list of offensive weapons gazetted as a "scheduled weapon" under the Second Schedule of this Act [1] as of 26 September 2024.
Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, or capsicum spray is a lachrymator product containing the compound capsaicin as the active ingredient that irritates the eyes to cause burning and pain sensations, as well as temporary blindness. Its inflammatory effects cause the eyes to close, temporarily taking away vision. This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape. It also causes temporary discomfort and burning of the lungs which causes shortness of breath. Pepper spray is used as a less lethal weapon in policing, riot control, crowd control, and self-defense, including defense against dogs and bears.
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A ballistic knife is a knife with a detachable blade that can be ejected to a distance of several meters/yards by pressing a trigger or operating a lever or switch on the handle. Spring-powered ballistic knives first appeared in books and press reports on Soviet and Eastern Bloc armed forces in the late 1970s. Commercially-produced ballistic knives briefly gained notoriety in the United States in the mid-1980s after they were marketed and sold in the United States and other Western countries. Since then, the marketing and sale of ballistic knives to civilians has been restricted or prohibited by law in several nations.
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The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
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The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
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