Termination of Pregnancy In Malaysia – An Introduction to Sexual & Reproductive Rights and Termination of Pregnancy

Legal Status of TOPs In Malaysia

In Malaysia, under Act 574 of the Penal Code, 309B whoever commits the offence of infanticide shall be punished at the discretion of the court.

An exception clause has been added to Section 312 of the Penal Code. This section DOES NOT extend to

• A medical practitioner registered under the Medical Act 1971 who terminates the pregnancy of a woman, if
  • such medical practitioner is of the opinion, formed in good faith,
  • that the continuance of the pregnancy would involve risk to the life of the pregnant woman,
  • or injury to the mental health or physical health of the pregnant woman,
  • greater than if the pregnancy were terminated.
• Section 314 of the penal code states that whoever with intent to cause miscarriage of a woman without her consent causes death constitute a criminal offence