Myth Buster

Scenario

I will be charged for the offence of bigamy in Malaysia only if I marry another person in Malaysia. In other words, I am not liable to any offences if I get married again in another country. Is it true?

Mythbusted.

Under section 494 of the Penal Code, you are liable for the offence of marrying again during the lifetime of your husband or wife regardless whether such marriage has taken place within Malaysia or outside Malaysia!

If you are found liable for such offence, you shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 494 of the Penal Code shall be read together with section 7(2) of the Law Reform (Marriage And Divorce) Act 1976 whereby it stipulates that a legally married person during the continuance of such marriage purports to contract another marriage is deemed to have committed an offence under section 494 of the Penal Code.

This newly inserted provision expressively confers jurisdiction to our Malaysian courts to sentence the accused whereby his or her bigamy act is committed outside Malaysia and subsequently be brought back to Malaysia under an Extradition Order.

Thus, you have no way to escape from Malaysian courts if you are to commit bigamy outside Malaysia!

So, how much did you know about this Legal Myth?

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