Malaysia minister says no need for death penalty in road offences, proposes compensation law reforms

KUALA LUMPUR, MALAYSIA: Malaysia will not introduce the death penalty under road transport laws, with Transport Minister Anthony Loke stating that existing provisions in the Penal Code are sufficient to address serious offences.

He said cases involving fatalities could already be prosecuted under Section 302 of the Penal Code, which covers murder and allows for the most severe penalties upon conviction.

“As far as the government is concerned, we have already stopped mandatory death penalties,” he said. “So this is not something we are considering.”

Loke made the remarks on 13 April 2026 after attending a road safety programme at Tunku Abdul Rahman University of Management and Technology.

Shift towards victim compensation

Rather than introducing harsher criminal punishments, the government is focusing on strengthening the Road Transport Act to provide direct compensation to victims’ families.

Loke said amendments would enable courts to impose compensation orders alongside existing penalties such as imprisonment and fines.

“What we are amending is to ensure that there is compensation for the victims’ families,” he said.

“If they are found guilty, then, besides a jail sentence and penalties, they will also be liable to pay compensation to the victims’ families.”

He noted that current legal processes require families to file civil suits, which can be lengthy and costly.

“We are taking up this proposal because currently, the avenue for victims’ families is through civil action, which can be tedious, time-consuming, and costly,” he said.

Drafting of amendments in progress

The proposed changes are being drafted jointly by the Transport Ministry, the Road Transport Department, and the Attorney-General’s Chambers.

Loke said the government aims to table the amendments during the June parliamentary sitting.

“We are in the process of drafting, and we hope the amendments can be tabled in the June parliamentary sitting,” he said.

The government’s stance comes amid calls from some lawmakers for stricter penalties against intoxicated drivers.

Machang member of parliament Wan Ahmad Fayhsal Wan Ahmad Kamal had urged authorities to consider introducing the death penalty for drivers responsible for fatal accidents.

He argued that existing laws had failed to deter repeat incidents and called for stronger enforcement and increased public awareness.

Road Transport Department director-general Aedy Fadly Ramli previously indicated that penalties for drink- and drug-impaired driving may need to be strengthened further, despite amendments introduced in 2020.

He said the department’s legal unit has begun reviewing the law with the Transport Ministry following a directive to ensure compensation for victims’ families in fatal cases.

Fatal crash underscores urgency

The issue has drawn renewed attention following a fatal crash in Klang on 29 March.

Delivery rider Amirul Hafiz Omar was killed in a collision involving a suspected drunk driver along Jalan Raya Barat.

Police said initial investigations found that the driver of a Honda City had been speeding and overtaking multiple vehicles before entering the opposite lane and crashing into the motorcycle.

The driver later tested positive for alcohol and drugs.

The accused, R. Saktyagaanapathy, was charged in court on 1 April under Section 302 of the Penal Code, which carries the death penalty or imprisonment of between 30 and 40 years upon conviction.

If the death penalty is not imposed, the offender must also receive at least 12 strokes of the cane.