Who’s a “Child”

In Malaysia, the legal framework for addressing juvenile crime is rooted in the Child Act 2001 [CA 2001], which Section 2 defines a “child” as a person under the age of 18.

“child”—

 (a) means a person under the age of eighteen years; and

 (b) in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 82 of the penal Code [Act 574];

Section 82 Penal Code [Act 574], Act of a Child under 10 years of age, stated that:

(82) Nothing is an offence which is done by a child under ten years of age.

According to these 2 sections, the laws had set the thresholds on the age of criminal responsibility where children aged below 10 cannot be held criminally liable. This threshold had continued to spark debate over children’s capacity to understand the consequences of their actions and children’s capacity on legal responsibility.

Thus, Section 83 of Penal Code, Act of a child above 10 and under 12 years of age, who has not attained sufficient maturity of understanding, stated that；

(83) Nothing is an offence which is done by a child above ten years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct on that occasion.

This means that, children aged 10 to under 12 may still be exempt if they lack sufficient maturity to understand the consequences of their actions. Hence, in Malaysia, for those aged between 10 to 17, they may be charged but must go through Malaysia’s Court for Children, not an ordinary criminal court.

 

What is the Court for Children?

According to Subsection 1 of Section 11 CA 2001, Courts for Children could be known as

11. (1) Courts constituted in accordance with this act and sitting for the purpose of—

(a) hearing, determining or disposing of any charge against a child; or

(b) exercising any other jurisdiction conferred or to be conferred on Courts for Children by or under this act or by any other written law,

shall be known as the “Courts for Children”.

Unlike adult courts, Malaysia’s Courts for Children is built upon a key principle: rehabilitation over retribution. It operates under the Child Act 2001 (CA 2001), which replaced the former Juvenile Court System governed by the Juvenile Courts Act 1947.

The Court for Children is presided over by a Magistrate and assisted by two appointed advisors, one of whom must be a woman. These requirements are clearly set out under subsections (2) and (3) of Section 11 of the CA 2001

Furthermore, proceedings are conducted privately and in closed court to ensure the child’s confidentiality and dignity throughout the restriction set under subsection (1) and (2) of Section 15 of the CA 2001, where it strictly prohibits the media from publishing any information that could reveal a child’s identity from all forms of media, whether the child is an accused person, a victim, or a witness in a case.

Welfare officers and the child’s parents or guardians are required to be present, providing emotional and social support during the hearing. Above mentioned sections reflect the law’s emphasis on protection and rehabilitation rather than punishment.

 

Courts for Children’s Discretion

Courts for Children strives to balance discipline, legal responsibility, and rehabilitation. Its primary goal is not to punish, but to guide and reform. Central to this process is the protection of the child’s rights — ensuring proper legal representation, maintaining confidentiality, and prioritising the child’s overall welfare over public condemnation.

When handling cases involving child offenders, the Court for Children exercises broad discretion under the Child Act 2001, guided by the principle that rehabilitation should take precedence over punishment. The system recognises that every child has the capacity to learn, change, and reintegrate into society when given the right support and opportunities.

Yet, according to Subsection 5 of Section 11 CA 2001,

(5) a Court for Children shall have jurisdiction to try all offences except offences punishable with death.

This means if a case involving offences punishable by death fall outside the jurisdiction of the Court for Children. In such situations, juvenile offenders are tried in the High Court as adults, though the death penalty cannot be imposed on individuals under 18.

When exercising its discretion, the Court for Children may order: –

• Community service or probation under the supervision of a welfare officer to help reintegrate the child into society.
• Placement in a Henry Gurney School for serious or repeat offences, where structured education, vocational training, and character development are emphasised.
• Counselling or moral guidance programmes involving the child and their family to strengthen values and provide emotional support.

While punitive measures are available, they are rarely the Court’s first resort. Each case is approached with careful consideration of the child’s welfare, background, and potential for rehabilitation. Welfare officers, counsellors, and judges collaborate to craft outcomes that are proportionate, constructive, and developmentally appropriate—reflecting a justice system that seeks to restore rather than merely punish.

 

Why Juvenile Crime Happens and How to Prevent?

Juvenile crime in Malaysia often stems from deeper social issues such as family breakdown, poverty, lack of parental guidance, and peer pressure. Many underage offenders come from unstable homes where they experience neglect or struggle in school.

In today’s digital age, constant exposure to harmful online content and social media trends can further encourage risky behaviour, especially when coupled with urban stress or academic pressure. Young teenagers are easily influenced by peers or the allure of viral trends that blur the line between mischief and misconduct. Without proper supervision, excessive exposure to social media can distort their understanding of right and wrong, leading to unhealthy values and mindsets.

These factors highlight that legal intervention alone is not enough. Prevention must begin at home, in schools, and within communities. Young people are still developing their moral values, emotional stability, and social awareness. Early intervention through education, guidance, and community support plays a vital role in shaping their character and preventing delinquency before it begins.

Behind every juvenile case lies a story of neglect, misunderstanding, or unmet emotional needs — reminding us that early support and holistic care are the true keys to breaking the cycle of youth offending.