Amendment to Section 376 of the Penal Code to proceed

The government will proceed with amending Section 376 of the Penal Code so that those found guilty of raping underage girls and given the mandatory jail sentence cannot refer to another section to reduce the sentence.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the proposed amendment involving rape of underage girls was to prevent court judges from using Section 294 of the Penal Code.

"Section 294 gives the judge the power to use his discretion in passing sentence," he said after meeting with a number of non-governmental organisations which want Section 376 to be reviewed, at his office in Parliament building, here, Tuesday.

Among those present at the meeting were Malaysian Bar Council president Lim Chee Wee and social activist Maria Chin Abdullah.

At the Dewan Rakyat sitting on Oct 15, Nazri when winding up the debate on the Supply Bill 2013 at the policy level for the Prime Minister's Department, said the decision to amend the section was made in view of the high number of cases involving rape of underage girls and to protect them from being exposed to the crime.

The proposed amendment has received the support of parliamentarians, the Attorney-General and several non-governmental organisations.

On the objection of the Joint Action Group for Gender Equality to the proposed amendment as they regard it as unfair to the offenders, Nazri said the legislature had the power to determine the jurisdiction of the courts.