Last night, I had an interesting conversation with my friend, the future "YBhg Tun", concerning Malaysia's Penal Code. Instead of displaying his interest for the next coming subject in our class, just as most of our male population did, he claimed that the most "hap-Pening" section in the Penal Code is not that of section 375, but is actually section 377 instead, in particular the sub-sections a, b and c respectively.
According to Malaysia's Penal Code, under Unnatural Offences, it is stated that :
Carnal intercourse against the order of nature
377A. Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.
Explanation—Penetration is sufficient to constitute the sexual connection
necessary to the offence described in this section.
Punishment for committing carnal intercourse against the order of nature
377B. Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.
Committing carnal intercourse against the order of nature without consent, etc.
377C. Whoever voluntarily commits carnal intercourse against the order of nature on another person without the consent, or against the will, of the other person, or by putting the other person in fear of death or hurt to the person or any other person, shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.
Right, I can understand subsection's (b) and (c), having taken into consideration factors such as from the religious point of view, also that from the hygiene and individual rights perspective. However it is sub- section (a) which I am just a little bit concern about at this moment. Based on the said section, after further analysis and also, digesting of information, I do believe that most of the adults that I know, who are currently pursuing a healthy and legitimate sexual relationship could be, or am almost certain to be that of a habitual offender!! I can't say much here as I do know for a fact that there is a certain "minor" who reads my posts regularly, but I am quite sure most of the adults know what I am referring to.
Call me liberal, but in my opinion, with regards to heterosexual relationships, if it is consensus and if the purpose of such acts is to enrich one's sexual life, without causing harm to others and does not exceed public indecency, then it should not be much of a big deal, isn't it? As a friend commented to me just now, " What ? After everything that has been going on, even our 'holes' are now controlled by the government??!!"
I do hope they have enough space allocated in the prison cells to put these "offenders" in place. Should the lawmakers intend to completely abide by the rules, then believe me when I say that I am quite sure - no, positively sure that they will certainly be needing it. A lot!! *LOL* ;)
6 comments:
Oh dear ....
dengggg woman, you're a killjoy that's for sure.
btw, "tun" mana ni??!!
hilarious isn't it? :D
But dear, for Singapore (source: wiki) Section 377A reads..
Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
So in this case it only limited to man to another man doing.
What say you?
In Malaysian context of the Penal Code:
Punishment for committing carnal intercourse against the order of nature
377B. Whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.
377A. Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.
Approaching this section on the literal approach in accordance with the interpretation rule as said therein the common law; the section is silent on male and female or homosexuality. Therefore, it is implied that it applies for both male and female and also homosexual ‘intercourse’.
Hence, a simple blowjob constitute to a federal offence. Well, i think it is only a deterrence, who the heck is going to report to the police? Dua dua kene, with or without consent, it is an offence.
Its declared as interesting by Tun Muhd Afif Hamzah (ME!) because it is the wording used in the section. The section has managed to define “evil” or some would way “dirtiness” in one sentence.
norizzuddin said...
hilarious isn't it? :D
But dear, for Singapore (source: wiki) Section 377A reads..
Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.
Well norizzuddin, (pardon me Noreane) I think Singapore has specific section to deal with homosexuality whereas Malaysia deals with intercourses against the order of nature in a more specific ways. Ideally, both has stringent penalties on homosexuality as it is “against the order of nature”
afif,
kinna funny when the consensual "victim" will not be prosecuted as he is the "key witness".
oh Malaysiaku
The 'taker' won't be testifying. But i'm not so sure for the 'giver'. But either way, just to seal the deal make sure you give what you get. LOL!
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