In Procedure Code further illustrates the crimes that

            In
the 19th century, judicial
caning was imposed by the British in punishing crimes.1 Caning
in Malaysia was governed by the Criminal
Procedure Code that it stated the procedures in governing caning, and also which
is referred to as “whipping”. Sections 286 to 291 of the Criminal
Procedure Code states the following procedures, place of whipping, time of
whipping, mode of punishment, offenders forbidden from whipping, present of
medical officer, and offence that could be remitted from whipping.

In Malaysian criminal terminology, offences punishable by caning clearly
states in broader sense of offences, in to certain prisons and never be punishable
except for juvenile offenders in some cases. The offences that will be
sentencing for caning are rape, violence or drug trafficking, illegal
immigration, bribery, and criminal breach of trust. Sections 403, 404, 406,407,
408, 409, and 420 of the Criminal Procedure Code further illustrates the crimes
that will be punishable by whipping. Malaysia has increased the number of penal
offences subjected to whipping not less than 60 in these years. Since 2002, tens of thousands of
refugees and migrant workers were found to be caned in Malaysia when Parliament
made immigration violations such as illegal entry subject to caning. In
Indonesia, Amnesty International met migrant workers deported by boat from
Malaysia; 63 of the men had been caned.2 In November 2013, illegal
moneylending was added to the list of offences punishable by caning.3 Also, offences like illegal bike
racing, snatch theft, traffic offences, deserting one’s wife, perpetrating
get-rich-quick schemes, and vandalism are suggested be imposed under canning
punishment.4
There are
exemptions for the following groups of
people that shall not be caned, women, men above the age of 50, except those
convicted of rape, and men sentenced to death as stated under Section 289 of
Criminal Procedure Code.

 

In selection of caning officers, it is strict in its applications that
only 2 out of 30 applicants will be selected. The one who is selected will
undergo special training for the job. The availability to swing the cane with a
speed at least 160KPH and also to produce a strong impact at least 90kg. In
2005, officers were paid RM10 for each stroke as compared to RM3 previously. According to Amnesty International, caning
officers in Malaysia prisons have the ability tear victims’ bodies with a metre-long
cane. The speed and the power of the cane that swung by the caning officers could
rip into the victim’s naked skin that leaves scars to it and sometimes
offenders lost their consciousness during the punishment.

 Furthermore, there are two types of judicial
canes, the thicker canes are in the front row while the lighter canes are in
the back row. Thicker canes are often used for serious crimes relating to causing
grievous hurt, rape, drug trafficking and armed robbery that these are usually.
Thinner canes are used when crimes relating to bribery and criminal breach of
trust that these are usually while collar crimes.

Thinner cane is used on white-collar criminals who committed
offences such as bribery and criminal breach of trust. Thicker cane is used on offenders who committed serious
crimes such as drug trafficking, causing grievous hurt, armed robbery and rape.

For adult offenders, the punishment of canning will be carried
out within seven days after the date of sentencing and not after it. If appeal
was made, the punishment will be carried out after sentencing stated under
Section 287 of Criminal Procedure Code. The offender will be notified on that
day his sentence to be carried out and he was not entitled to be told in
advance.5 On that
day, the offender will be inspected by a medical officer to determine whether
he fits to undergo the punishment. As if he was not in healthy state, the
offender then will be sent back to court. Determine whether the caning sentence
could be remitted or convert it to imprisonment up to 24 months. The offenders
who are in healthy state will be confined in a holding area. The caning is
conducted in an open hall that surrounded by the walls of the prison without
the view of public and other prisoners. The offender will be escorted to the
area to undergo such punishment. Prison director oversees the caning along with
medical officer and other prison officers. The prison director will confirmed
the number of strokes with the offender after reading the terms of punishment. Basically
in practice, the offender is required to be whipped completely naked but in
reality he will be provided a piece of loincloth that looks like garment or a “sarong”
to cover his genitals. In precautions of HIV transmissions, sanitary procedures
are required by soaking the canes in antiseptic before the punishment to
prevent any infections and to certain extent the cane will be burnt after the
punishment in cases of a HIV-positive subject. Sometimes, caning officers will
be provided protective smocks, goggles, and gloves to undergo the punishment.

            For juvenile offenders, according to
Criminal Procedure Code, offenders below the age of 21 ordered by magistrates
that sentenced to caning will be held only with light rattan. The offender will
be ordered to be caned right on the spot in the courtroom up to 10 strokes. The
punishment will be held immediately after the judgment administered by the
police officer.The offender’s will get whipped below their trousers with a
metre-long light rattan.

            For female offenders, in the case of Kartika Sari Dewi Shukarno6,
a Malaysian hospital worker working in Singapore. She was caught drinking beer
in a hotel bar and convicted for caning. According Section 289 of Criminal Procedure
Code, women will be exempted for sentencing of caning but to this issue she was
sentenced to caning. However by the time of her sentencing, Sultan Pahang
commuted her sentence into imprisonment. This notable case was one of the
controversial issue in sentencing of caning punishment.

            Section 289 of Criminal
Procedure Code stated that elderly people above the age of 50 shall not be
caned, unless the offender had done rape. 75 years of imprisonment and 50
strokes of whipping were charged to a stepdad that had raped his step-daughter
who is 15 years old in year between 2001 and 2003.7

 

 

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