PETALING JAYA: Attempted suicide will no longer be a crime in Malaysia when Section 309 of the Penal Code is repealed today, marking a major shift in how Malaysia addresses mental health crises.
The enforcement of the Penal Code (Amendment) (No. 2) Act 2023 [Act A1691] was announced in a federal gazette dated Sept 9, with Minister in the Prime Minister’s Department (Law and Institutional Reforms) Datuk Seri Azalina Othman Said setting the enforcement date under subsection 1(2) of the Act.
Under the old provision, individuals who survived a suicide attempt could face a fine or imprisonment of up to one year. Rights group and mental health advocates had long argued that criminalisation only discouraged vulnerable people from seeking help. Incidentally, World Suicide Prevention Day is today.
The repeal aligns with the Mental Health (Amendment) Act 2023, which equips police, firefighters, Malaysian Maritime Enforcement Agency personnel, civil defence officers and social welfare officers with powers to forcibly enter premises to rescue individuals in danger of self-harm. Rescued persons must then be referred for psychiatric evaluation within 24 hours.
Public reaction has been largely positive, with many Malaysians welcoming the move as a compassionate step.
User @tobifreakazoid on Reddit said: “This is a good first step. Now those attempting suicide can come forward and seek help without fear of being locked up.”
User @momomelty commented: “Nice. Finally something good”, while user @djzeor described it as “a first step towards caring for the rakyat”.
Others questioned the rationale of the old law, pointing out how criminalisation did little to prevent suicides. “I can’t even begin to understand the logic for criminalising it in the first place,” said user @Sekhmet_D.
Another user @Scary_Drama9 responded that the provision was originally framed as a deterrent. The idea was that the fear of legal punishment might discourage suicide attempts.
However, he added that in reality it had the opposite effect – “instead, it led to fear of seeking professional help”.
Many concluded that the change was overdue.
“This is a good move. They need help, not jail time,” one user wrote.
The repeal is expected to shift Malaysia’s approach from punishment to care, recognising suicide as a public health concern and ensuring those at risk receive the support they need.
