A VIDEO circulated on social media showing a man being beaten and dragged by several individuals at the Padang Astaka Chukai Farmers’ Market in Chukai, Terengganu, has led to the arrest of four men, aged between 18 and 60.
The arrests, to assist in police investigation, were confirmed by Kemaman Acting District Police Chief, Deputy Superintendent Wan Muhamad Wan Ja’afar.
The investigation is being carried out under Section 147 of the Penal Code for rioting, despite media reports describing the incident as assault of the 47-year-old victim who allegedly crashed into a stall in the market with his motorcycle on Thursday (Jan 16).
Why rioting and not assault on, or causing hurt to, the victim?
Rioting is the use of force or violence by an unlawful assembly or by any member of the unlawful assembly [Section 146 Penal Code]. An unlawful assembly is an assembly of five or more persons if the common object of the persons composing that assembly is, among others, to commit any mischief or criminal trespass, or other offence [Section 145(c) Penal Code].
Section 147 Penal Code provides for punishment for rioting. It says:
Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
The offence of rioting is a seizable and non-bailable offence. It means it is a serious offence.
By comparison, whoever voluntarily causes hurt shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand ringgit or with both (Section 323 Penal Code).
The offence of voluntarily causing hurt is a non-seizable and bailable offence. In other words, it is a less serious offence.
Assault or the use of criminal force to any person carries an even lesser punishment – that is, imprisonment for a term which may extend to three months or with fine which may extend to one thousand ringgit or with both.
So, if the public queries why rioting and not assault or voluntarily causing hurt, the answer is in the law.
Let the police do their work according to the law. – January 20, 2025
Hafiz Hassan reads Scoop