Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 294 cpc

  • 26 Feb 2026

    NIK MOHAMMAD AZHAR BIN MOHD RABUZALIL

    Citation
    DI-62D-51-09/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DI-62D-51-09/2024 (Mahkamah Sesyen)

    The court held that it lawfully exercised its discretion under Section 294 to order a good behaviour bond despite the applicability of Section 39C ADB 1952 because mitigating factors (guilty plea, remorse, time spent in remand, absence of a victim and rehabilitation prospects) made the bond appropriate; the bond is a deferred sentence and the conviction remains recorded.

  • 5 Mar 2024

    CINNARAJ A/L SREEDARAN

    Citation
    MC-83D-653-05/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MC-83D-653-05/2023 (Mahkamah Majistret)

    The court held that section 294 CPC applies to the offence under section 39A(1) DDA because the offence is non‑serious (maximum five years) and, on the facts — early guilty plea, first offender, demonstrable remorse and rehabilitative prospects — a good behaviour bond is an appropriate alternative to immediate imprisonment; accordingly the accused was convicted, bound over under s294 CPC for 3 years with RM5,000 bond and one surety for the s39A(1) count and fined RM1,500 (default 3 months imprisonment) with 2 years supervision for the s15(1) count.

  • 5 Nov 2019

    PENDAKWARAYA PUBLIC PROSECUTOR LAI KAE HAUR

    Citation
    83-2235-03/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    83-2235-03/2019 (Mahkamah Majistret)

    The magistrate found the offence to be of lesser gravity (a revenue-type offence not mala per se), no evidence of widespread prevalence, and substantial mitigating factors (first offender, sole breadwinner, ill dependent mother, low income). Balancing public interest and the accused's circumstances, section 294 CPC was properly applied to bind the accused over rather than impose immediate punishment; therefore a good behaviour bond of RM8,000 for two years with one surety was appropriate.