PETALING JAYA: Women have been advised to carry pepper spray for their protection and be mindful that it can only be used in self-defence since it is outlawed in Malaysia for other purposes.
Lawyer Sivaraj Retinasekharan was commenting on a social media post which sparked debate about the rules and regulations governing self-defence weapons in Malaysia.
“Pepper spray comes under the Corrosive and Explosive Substances and Offensive Weapons Act 1958 (Cesowa) and the Arms Act 1960. These laws lay the framework for individuals to obtain appropriate permits and adhere to specific guidelines to legally carry it.
“Under Cesowa, pepper spray would be interpreted as a substance which could be applied to the human body to cause hurt through corrosive action.
“Its possession to cause hurt is illegal under Section 3, while carrying it without lawful purpose in public places can be illegal under Section 6(1). However, pepper spray may be used in self-defence to protect oneself from bodily harm.”
Sivaraj said there have been cases of individuals being prosecuted for possessing and using pepper spray, adding that although there are no specific restrictions on where or when the public can carry or use it, a licensing process is in place to prevent its misuse.
“In 2017, a 50-year-old man was sentenced to five months’ jail after he attacked a Subang Jaya Municipal Council enforcement officer with pepper spray. He was also fined RM3,000 in default three months’ jail.
“The officer was attacked with pepper spray, which caused breathing difficulties, after he clamped the man’s car, which was illegally parked. In this case, pepper spray was discharged to cause hurt and not used in self-defence.”
According to data from the Criminal Investigation Department’s Sexual, Women, and Child Investigations Division, female victims made up 98.56% of the 9,198 victims of sexual harassment and abuse over the past three years.
On June 7, a doctor was arrested after allegedly being involved in molesting a 15-year-old girl while she received treatment in the emergency ward of a hospital in Perak.
In September 2023, a teenage girl was raped during a car ride by two Rohingya individuals whom she had just gotten to know. Initial investigations revealed that the schoolgirl left home to go out with one of her assailants, who was 14 years old.
Lawyer Radin Amir Afifi Ahmad Aruani said such incidents could have been prevented if individuals were prepared with self-defence weapons as they can provide a sense of security and be a deterrent against potential attackers.
“Women should be aware and ready in potentially dangerous situations. Having access to non-lethal self-defence weapons, such as pepper spray, could help protect them against assailants.
“In the two cases, the victims could have protected themselves if they had self-defence weapons and knew how to use them. Having a pepper spray on hand could be a crucial deterrent in dangerous situations and prevent potential crimes.”
He said users should keep the spray easily accessible but secure, be mindful of their surroundings to avoid overspray on bystanders and only use it for self-defence.
He advised women to practise using pepper spray to build confidence and ensure they can operate it under stress and be prepared to use it as a last resort in a self-defence situation.
“Using pepper spray is only an offence if one uses it carelessly. Otherwise, it is allowed for self-defence when one is being attacked. Similarly, owning a knife is not illegal but carrying it without a valid reason could be considered an offence.”
