PENAL CODE

“Dishonestly” (CRIMINAL)

24. Whoever does anything with the intention of causing wrongful gain to one
person, or wrongful loss to another person, irrespective of whether the act causes
actual wrongful loss or gain, is said to do that thing “dishonestly”.

Explanation—In relation to the offence of criminal misappropriation or criminal

breach of trust it is immaterial whether there was an intention to defraud or to
deceive any person.

“Fraudulently”(CRIMINAL)

25. A person is said to do a thing fraudulently if he does that thing with intend to
defraud, but not otherwise.

“Wrongful gain” and “wrongful loss”(CRIMINAL)

23. “Wrongful gain” is gain by unlawful means of property to which the person
gaining is not legally entitled.

“Wrongful loss” is the loss by unlawful means of property to which the person
losing it is legally entitled.

A person is said to gain wrongfully when such person retains wrongfully, as well
as when such person acquires wrongfully. A person is said to lose wrongfully
when such person is wrongfully kept out of any property, as well as when such
person is wrongfully deprived of property.

Criminal conspiracy

130L. (1) Whoever conspires with another person who is in Malaysia to do any act
without and beyond Malaysia, being an act, which if done in Malaysia would
have constituted an offence under this Chapter shall be deemed to have
criminally conspired to do that act in Malaysia.

(2) Whoever conspires with another person in any place without and beyond
Malaysia to do any act in Malaysia that constitutes an offence under this Chapter
shall be deemed to have criminally conspired in Malaysia to do that act.

Definition of “agent”, “company”, “director” and “officer” (CIVIL)

402A. For the purposes of sections 403, 404, 405, 406, 407,408, 409, 409A, 409B, 415,
416, 417, 418, 419 and 420 of this Chapter, unless the contrary appears from the
context: “agent” includes any corporation or other person acting or having been
acting or desirous or intending to act for or on behalf of any company or other
person whether as agent, partner, co-owner, clerk, servant, employee, banker,
broker, auctioneer, architect, clerk of works, engineer, advocate and solicitor,
accountant, auditor, surveyor, buyer, salesman, trustee executor, administrator,
liquidator, trustee within the meaning of any Act relating to trusteeship or
bankruptcy, receiver, director, manager or other officer of any company, club,
partnership or association or in any other capacity either alone or jointly with any
other person and whether in his own name or in the name of his principal or not;

“company” means a company incorporated under any relevant law for the time
being in force or pursuant to any corresponding previous enactment and includes
any statutory corporations;

“director” includes any person occupying the position of director of a company,

by whatever name called, and includes a person who acts or issues directions or
instructions in a manner in which directors of a company are accustomed to issue
or act, and includes an alternate or substitute director, notwithstanding any defect
in the appointment or qualification of such person;

“officer” in relation to a company includes—

(a) any director, secretary or employee of the company;

(b) a receiver and manager of any part of the undertaking of the company
appointed under a power contained in any instrument; and

(c) any liquidator of a company appointed in a voluntary winding up, but does
not include—

(i) any receiver who is not also a manager;

(ii) any receiver and manager appointed by the Court; or

(iii) any liquidator appointed by the Court or by the creditors.

Dishonest misappropriation of property (CIVIL)

403. Whoever dishonestly misappropriates, or converts to his own use, or causes

any other person to dispose of, any property, shall be punished with
imprisonment for a term which shall not be less than six months and not more
than five years and with whipping and shall also be liable to fine.

Stolen property (CRIMINAL)

410. (1) Property the possession whereof has been transferred by theft, or by
extortion, or by robbery, and property which has been criminally
misappropriated or in respect of which criminal breach of trust or cheating has
been committed, is designated as “stolen property”, whether the transfer has been
made or the misappropriation or breach of trust or cheating has been committed
within or without Malaysia. But if such property subsequently comes into the
possession of a person legally entitled to the possession thereof, it then ceases to
be stolen property.

(2) The expression “stolen property” includes any property into or for which the
same has been converted or exchanged and anything acquired by such conversion
or exchange whether immediately or otherwise.

Dishonestly receiving stolen property (CRIMINAL)

411. Whoever dishonestly receives or retains any stolen property, knowing or

having reason to believe the same to be stolen property, shall be punished with
imprisonment for a term which may extend to five years or with fine or with both;
and if the stolen property is a motor vehicle or any component part of a motor
vehicle as defined in section 379A, shall be punished with imprisonment for a
term of not less than six months and not more than five years, and shall also be
liable to fine

Theft (CRIMINAL)

378. Whoever, intending to take dishonestly any movable property out of the
possession of any person without that person’s consent, moves that property in
order to such taking, is said to commit theft.

CONTRACTS ACT 1950 (CIVIL)

Fraud
17. "Fraud" includes any of the following acts committed by a party to a contract,
or with his connivance, or by his agent, with intent to deceive another party
thereto or his agent, or to induce him to enter into the contract:

(a) the suggestion, as to a fact, of that which is not true by one who does not
believe it to be true;

(b) the active concealment of a fact by one having knowledge or belief of the fact;

(c) a promise made without any intention of performing it;

(d) any other act fitted to deceive; and

(e) any such act or omission as the law specially declares to be fraudulent.