Chow Kit raid: MP urges major amendment to Penal Code Section 377 to include 'intent'
He said the current provision relies mainly on physical circumstances and situational evidence at the time of arrest, making it difficult to classify certain cases clearly and to bring them effectively before the courts.
KUALA LUMPUR – Pengkalan Chepa MP Datuk Dr Ahmad Marzuk Shaary has urged the government to amend Section 377 of the Penal Code by incorporating the element of intent, arguing that its absence creates legal gaps that hinder accurate prosecution.
He said the current provision relies mainly on physical circumstances and situational evidence at the time of arrest, making it difficult to classify certain cases clearly and to bring them effectively before the courts.
“On that basis, I urge the government to amend Section 377 to ensure there is no legal loophole.
“The element of intent must be included to prosecute those suspected of being involved in unnatural sex,” he said during a press conference at the Dewan Rakyat on Tuesday.
His comments followed a statement from Kuala Lumpur Police Chief Datuk Fadil Marsus, who revealed that police had encountered challenges in prosecuting 171 local men detained during a raid on a spa and wellness centre in Chow Kit, as existing laws limited the available options for prosecution.
He said the men were investigated under Section 377/372 of the Penal Code, but no individual had stepped forward to identify themselves as a victim, leaving investigators without supporting evidence.
Marzuk, who previously served as Deputy Minister in the Prime Minister’s Department (Religious Affairs), also urged the Attorney General’s Chambers (AGC) to form a high-level committee to explore more suitable prosecutorial mechanisms for those detained in the recent operation.
“The authorities must find a way to determine the correct prosecutorial method. This includes considering charges under Section 377D of the Penal Code for violating public decency or committing acts of gross indecency in a public place,” he added.
Recently, there was a raid at a "men only" wellness centre in Kuala Lumpur on Nov 28, which saw the arrest of 201 men, including 17 civil servants.
The men, aged between 19 and 60, were picked up in a surprise raid involving Kuala Lumpur police, Kuala Lumpur City Hall (DBKL) and the Federal Territories Islamic Religious Department (Jawi).
However, a total of 171 local men were freed after a magistrate rejected a late remand bid on Sunday (Nov 30).
The centre, which operated under the guise of a health and wellness facility, is equipped with a gym, spa, swimming pool and designated rest areas catering specifically for men, said Kuala Lumpur deputy police chief Deputy Comm Datuk Mohd Azani Omar.
The centre reportedly operated daily from 5pm until late at night, targeting those seeking to “unwind” after work.
On Saturday (Nov 29), 13 men were also arrested for their alleged involvement in unnatural sexual and prostitution activities at a commercial premises in Penang.
Download Sinar Daily application.Click Here!
