Malaysia’s Abortion Provisions
Penal Code, Act 574, Chapter XVI, Articles 312-316 (1997)
Causing miscarriage
312.
Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment for a term which may extend to three years or with fine or
with both, and if the woman is quick with child, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
Explanation
–A woman who causes herself to miscarry is within the meaning of this section.
Exception
-This section does not extend to a medical practitioner registered under the Medical Act 1971 [Act 50] who terminates the pregnancy of a woman if
such medical practitioner is of the opinion, formed in good faith, that the continuance of the pregnancy would involve risk to the life of the pregnant
woman, or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated.
Causing miscarriage without woman’s consent
313.
Whoever commits the offence defined in section 312, without the consent of the woman, whether the woman is quick with child or not, shall be punished with
imprisonment for a term which may extend to twenty years, and shall also be liable to fine.
Death caused by act done with intent to cause miscarriage. If act done without woman’s consent
314.
Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment
for a term which may extend to ten years, and shall also be liable to fine, and if the act is done without the consent of the woman, shall be punished with
imprisonment for a term which may extend to twenty years.
Explanation
-It is not essential to this offence that the offender should know that the act is likely to cause death.
Act done with intent to prevent a child being born alive or to cause it to die after birth
315.
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive, or causing it to die after
its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act is not caused in good
faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years or with fine or with both.
Causing death of a quick unborn child by an act amounting to culpable homicide
316.
Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death
of a quick unborn child, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
ILLUSTRATION
A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable
homicide. The woman is injured, but does not die, but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty
of the offence defined in this section.