KUALA LUMPUR: Whipping or caning has been described as one of the harshest forms of corporal punishment in this country.
Several non-governmental organisations and legal experts have urged the government to abolish this punishment, arguing that it violates fundamental human rights.
Most recently, Muar member of Parliament Syed Saddiq Syed Abdul Rahman was also sentenced to whipping after the court found him guilty of abetting criminal breach of trust a few years ago.
However, this punishment cannot be simply handed down to the accused, as the court needs to adhere to specific thresholds before issuing the sentence.
According to Section 289(c) of the Criminal Procedure Code (CPC), whipping is a mandatory sentence for criminal breach of trust charges with exceptions granted for special circumstances such as women and individuals aged 50 years and above.
Former prime minister Datuk Seri Najib Razak who was found guilty of the same charge of misappropriating funds belonging to SRC International Bhd, was spared from the whipping due to his age.
According to Section 288(3) of the CPC, a cane with a diameter exceeding half an inch is mandated for serious crimes.
Conversely, Section 288(4) of the same Code prescribes the use of a lighter cane for white collar offenders, akin to school discipline.
On Sept 6, last year, the then Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said the country would abolish the mandatory death and whipping sentences by this year.
He said the proposed amendment on the whipping sentence would not do away with the punishment, but it would give judges the discretion on whether to impose it.
He said with discretion given, judges can weigh the gravity of the harm committed by the offenders on their victims before imposing the punishment.
A group of 25 NGOs recently issued a press statement urging the current federal government to continue efforts to abolish this corporal punishment.
One of the groups, Aliran said many countries have already abolished whipping as punishment, such as India and the United Kingdom, pursuant to the Indian Abolition of Whipping Act 1955 and the Criminal Justice Act 1948, respectively.
"Without a doubt, whipping is excruciatingly painful and could result in extensive soft tissue injury and possibly other injuries.
"We ask the current Pakatan Harapan-led unity government, if committed to human rights, to speedily abolish whipping and corporal punishment in Malaysia, which is an internationally acknowledged form of torture.
The Malaysian Bar, the Malaysian Human Rights Commission (Suhakam), and many others have called for the abolition of whipping," it said.
On Aug 23, last year, Suhakam urged the government to prohibit corporal punishment such as whipping which is consistent with international human rights principles.