A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri

Internet cheating crimes are no strangers, every year the crime has a high increase with high losses involved. Criminals prefer to use the internet through social media to commit crimes. This method is easier because the victim does not know them and the offender’s identity is unknown to the victim....

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Main Author: Mohd Sabri, Nurfetri Sabrina
Format: Thesis
Language:English
Published: 2018
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/21803/7/21803.pdf
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spelling my-uitm-ir.218032022-03-08T03:53:43Z A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri 2018 Mohd Sabri, Nurfetri Sabrina K Law in general. Comparative and uniform law. Jurisprudence Internet cheating crimes are no strangers, every year the crime has a high increase with high losses involved. Criminals prefer to use the internet through social media to commit crimes. This method is easier because the victim does not know them and the offender’s identity is unknown to the victim. The victim, easily deceived by internet criminals even though they do not know offender and have never met. Internet cheating cases are investigated by investigating officers under section 420 of the penal code. Unfortunately, Internet cheating cases are difficult to charge in court because they do not have enough evidence to charge the real perpetrator. Normally, investigating officer only charges the third party offender who is account holder. The account holder usually gives their account details to the real perpetrator to be used for internet cheating. However, the prosecution cannot charge the account holder under Section 420 of the Penal Code because lack of evidence. Hence, alternative charge will be used by the prosecutor officer to charge the account holder. Therefore the victim did not get the right defense. Hence, this research is conducted to find out whether Section 420 of the Penal Code is sufficient to prosecute offenders for internet fraudulent offenses. This research was also conducted to look at other statute that could be used in Malaysia for internet cheating, such as the Computer Crimes Act 1997, the Communication and Multimedia Act 1998 or other sections found in the Penal Code such as Section 414 and 411 of the Penal Code. This research also discusses the improvements and recommendation to Section 420 of the Penal Code through the UK Fraud Act 2006 reference or other statutes in Malaysia. As the findings of this research, it shows that Section 420 of the Penal code is not adequate to regulate internet cheating offences because it is very difficult to prove the element of cheating regarding internet cheating offence. Therefore, Section 420 of the Penal Code should be amended or prosecution can use alternative statute which is Computer Crimes Act 1997 which is more flexible to charge the real perpetrator in internet cheating offence. 2018 Thesis https://ir.uitm.edu.my/id/eprint/21803/ https://ir.uitm.edu.my/id/eprint/21803/7/21803.pdf text en public masters Universiti Teknologi MARA Faculty of Law Ahmad, Nazriah (Dr.)
institution Universiti Teknologi MARA
collection UiTM Institutional Repository
language English
advisor Ahmad, Nazriah (Dr.)
topic K Law in general
Comparative and uniform law
Jurisprudence
spellingShingle K Law in general
Comparative and uniform law
Jurisprudence
Mohd Sabri, Nurfetri Sabrina
A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
description Internet cheating crimes are no strangers, every year the crime has a high increase with high losses involved. Criminals prefer to use the internet through social media to commit crimes. This method is easier because the victim does not know them and the offender’s identity is unknown to the victim. The victim, easily deceived by internet criminals even though they do not know offender and have never met. Internet cheating cases are investigated by investigating officers under section 420 of the penal code. Unfortunately, Internet cheating cases are difficult to charge in court because they do not have enough evidence to charge the real perpetrator. Normally, investigating officer only charges the third party offender who is account holder. The account holder usually gives their account details to the real perpetrator to be used for internet cheating. However, the prosecution cannot charge the account holder under Section 420 of the Penal Code because lack of evidence. Hence, alternative charge will be used by the prosecutor officer to charge the account holder. Therefore the victim did not get the right defense. Hence, this research is conducted to find out whether Section 420 of the Penal Code is sufficient to prosecute offenders for internet fraudulent offenses. This research was also conducted to look at other statute that could be used in Malaysia for internet cheating, such as the Computer Crimes Act 1997, the Communication and Multimedia Act 1998 or other sections found in the Penal Code such as Section 414 and 411 of the Penal Code. This research also discusses the improvements and recommendation to Section 420 of the Penal Code through the UK Fraud Act 2006 reference or other statutes in Malaysia. As the findings of this research, it shows that Section 420 of the Penal code is not adequate to regulate internet cheating offences because it is very difficult to prove the element of cheating regarding internet cheating offence. Therefore, Section 420 of the Penal Code should be amended or prosecution can use alternative statute which is Computer Crimes Act 1997 which is more flexible to charge the real perpetrator in internet cheating offence.
format Thesis
qualification_level Master's degree
author Mohd Sabri, Nurfetri Sabrina
author_facet Mohd Sabri, Nurfetri Sabrina
author_sort Mohd Sabri, Nurfetri Sabrina
title A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
title_short A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
title_full A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
title_fullStr A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
title_full_unstemmed A legal study of the Section 420 of the Penal Code in regulating internet cheating offences / Nurfetri Sabrina Mohd Sabri
title_sort legal study of the section 420 of the penal code in regulating internet cheating offences / nurfetri sabrina mohd sabri
granting_institution Universiti Teknologi MARA
granting_department Faculty of Law
publishDate 2018
url https://ir.uitm.edu.my/id/eprint/21803/7/21803.pdf
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