SHAH ALAM - There is no need to amend existing legal provisions to punish children under the age of 12 if they commit crimes such as rape.
Universiti Kebangsaan Malaysia (UKM) Family, Women and Children Law professor Professor Datuk Noor Aziah Mohd Awal said that children aged 10 to 12 must be proven capable of understanding their actions before they could be charged under criminal law.
"I do not agree with amending the existing legislation to hold children accountable for the crimes they commit,” she said in an interview with Sinar on Thursday.
Section 82 of the Penal Code defines a child under 10 years old as not being criminally liable due to their presumed inability to commit a crime.
Earlier, the Kelantan police revealed that an 11-year-old boy had impregnated his 15-year-old cousin, believed to be due to underage love.
Kelantan police chief Datuk Mohd Yusoff Mamat said that the incident, which occurred last week, led to the boy’s detention to assist with investigations, while his cousin was handed over to the Social Welfare Department.
Aziah added that under Islamic law, a boy aged 11 who committed such a crime is considered to have reached puberty.
However, under the Syariah Criminal Offences Enactments and procedures, the age of puberty differs between states.
For example, in Negeri Sembilan, a child aged 12 (Qamariah) is considered to have reached puberty, while in other states, the age may be 15 or 18, and in such cases, they cannot be prosecuted.
"For children in conflict with the law, there are special provisions under the Child Act 2001,” she explained.
According to Section 83 of Act 574, children aged 10 to 12 may be deemed capable of committing a crime if they are mature enough to understand and consider the nature and consequences of their actions at the time.
Additionally, under subsection 96(1) of the Child Act 2001 (Act 611), children under the age of 14 cannot be ordered to serve a prison sentence or be committed to prison for failing to pay fines, damages, or costs.