The law that punishes the act of enticing married woman is unconstitutional

The Federal Court has declared section 498 of the Penal Code that punishes the act of man enticing married woman with a two year jail term as unconstitutional since it goes against Article 8(2) of the Federal Constitution.

“We are of the view that the provision is incapable of any modification as it will change the character of the offence.

“Therefore, the only possible means is to judicially repeal it,” said Chief Justice Tengku Maimun TUuan Mat headed the bench.

She said Section 498 of the Penal Code is a pre-Merdeka law and Articles 162(6) and 162(7) of the Federal Constitution are applicable.

Others on the bench were Chief Judge of Malaya Zabidin Diah and Justices Harmindar Singh Dhaliwal, Abu Bakar Jais and Abdul Karim Abdul Jalil.

In view of this ruling she said that the new ruling would only be put to practice in future cases.