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Decided Case Laws or/and Current Case Laws

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Decided Case Laws or/and Current Case Laws

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1) Neelakandan v PP [1956] MLJ 209

A   15  years  old   girl   told her  mother   that she will going   out   to   attend   school   concert.   However,   she went to  meet  her  boyfriend  and  spending a  night there. The accused   was charge for   kidnapping and   he   argue that the mother consented to let the girl go out.

Held: even the mother consented to let the girl go out,   however,  the  consent   was  only  for the  girl   to attend the school   concert.   Therefore,   there   was  a valid consent from the lawful guardian and accused was guilty for kidnapping.

2) Pritam Singh v PP [1970] 2 MLJ 239

Accused was a taxi driver met the victim, a 17 years old   girl and   persuaded   her   to   follow   him.   The accused force the victim into immoral activities.

Held: It is clear that the charge was wrongly framed. As the complainant was at the material time over the age of 16,  the  charge  could not have been  one  of kidnapping.  Kidnapping and   abduction   are   two different offences.

The conviction was quashed.

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General Principles of Laws and Legal Exceptions

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General Principles of Laws and Legal Exceptions

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A data user shall not -

(a) in the case of personal data other than sensitive personal data, process personal data about a data subject unless the data subject has given his consent to the processing of the personal data.

(b) in the case of sensitive personal data, process sensitive personal data about a data subject except in accordance with the provisions of section 40.

Personal data shall not be processed unless -

(a) the personal data is processed for a lawful purpose directly related to an activity of the data user.

(b) the processing of the personal data is necessary for or directly related to that purpose.

(c) the personal data is adequate but not excessive in relation to that purpose.

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Kidnapping - SECTION 359 PENAL CODE
Kidnapping from Malaysia - SECTION 360 PENAL CODE
Kidnapping from lawful guardianship - SECTION 361 PENAL CODE
Abduction - SECTION 362 PENAL CODE

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Kidnapping is of two kinds: kidnapping

from   Malaysia   and   kidnapping   from   lawful guardianship.

Kidnapping from Malaysia

Whoever conveys any person beyond the

limits of Malaysia without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Malaysia.

Kidnapping from lawful guardianship

Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind,  without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

Abduction

Whoever   by   force   compels   or   by   any deceitful means induces any person to go from any place, is said to abduct that person.