Statute Details
- Title: Criminal Law (Identity Cards) Rules
- Act Code: CLTPA1955-R2
- Type: Subsidiary legislation (Rules)
- Status: Current version as at 27 Mar 2026
- Revised Edition: Revised Edition 1990 (25th March 1992)
- Commencement: Not stated in the extract (but amendments indicate effect from 1 Jan 2019)
- Authorising / Related Act: Criminal Law (Temporary Provisions) Act (Cap. 67), with references to sections 30(1)(b) and 32(1)
- Key Provisions:
- Rule 1: Citation
- Rule 2: Definitions (Commissioner, original identity card, special identity card)
- Rule 3: Register and issuance process for special identity cards
- Rule 4: Commissioner to retain original identity cards replaced by special identity cards
- Rule 5: Removal from register and return/destruction of cards when supervision order expires/cancelled
- Rule 6: Offences and penalties
- Notable Amendment: S 872/2018 (effective 1 Jan 2019) amending Rules 3, 5 and 6
What Is This Legislation About?
The Criminal Law (Identity Cards) Rules are subsidiary legislation made to operationalise a specific administrative and compliance mechanism under the Criminal Law (Temporary Provisions) Act. In broad terms, the Rules address what happens to a person’s identity card when that person is directed to be subject to police supervision under specified provisions of the Act.
In practice, the Rules create a controlled identity-card replacement system. When police supervision is ordered, the person’s “original identity card” is taken into police custody and a “special identity card” is issued to replace it. This helps authorities manage supervision arrangements while ensuring that the person’s identity documentation reflects the supervision status and is handled through a defined administrative workflow.
The Rules also impose criminal sanctions for non-compliance and document tampering. They cover failures to surrender the original identity card, making false statements during the preparation of a special identity card, possessing multiple identity cards, altering identity cards, and assisting others to commit offences under the Rules. For practitioners, the Rules are therefore both an administrative instrument (registering and issuing cards) and a compliance/enforcement framework (criminal offences and penalties).
What Are the Key Provisions?
Rule 2 (Definitions): The Rules define the key terms that drive the entire scheme. “Commissioner” means the Commissioner of National Registration appointed under the National Registration Act. “Original identity card” is an identity card issued under the National Registration Act (or regulations made under it) to a person directed to be subject to police supervision under the Act; it also includes identity cards issued under any written law in force in Malaysia, but expressly excludes a “special identity card.” “Special identity card” is the replacement identity card issued under Rule 3.
These definitions matter for charging decisions and for determining the scope of offences. For example, the offences in Rule 6 are tied to “original” and “special” identity cards as defined. A practitioner should therefore pay close attention to what card was held, whether it is an “original” or “special” identity card, and whether it falls within the definition (including the Malaysia-issued inclusion, but excluding special identity cards).
Rule 3 (Register and special identity card): When a person is directed to be subject to police supervision under section 30(1)(b) or 32(1) of the Act, the Commissioner of Police (or an authorised police officer) may do two things: (a) enter the person’s name in a police-maintained register for the purpose; and (b) take possession of the person’s original identity card and send it to the Commissioner of National Registration with a request to issue a special identity card to replace the original.
The special identity card is issued in accordance with the National Registration Regulations (Cap. 201, Rg 2), and subject to any other directions the Minister may issue from time to time. This indicates that the Rules do not themselves specify the technical format or administrative details of the special identity card; instead, they rely on the National Registration Regulations and ministerial directions for the issuance mechanics.
Rule 4 (Commissioner to retain original identity cards): Once special identity cards have replaced original identity cards, the Commissioner is required to retain the original identity cards. This is a custody rule: it prevents the original card from circulating and ensures that the replacement system is controlled. For practitioners, this provision is relevant when assessing whether a person could lawfully obtain or use an original identity card after replacement—Rule 4 supports the proposition that the original card is held by the Commissioner, not by the supervised person.
Rule 5 (Removal from register and return/destruction): Rule 5 provides the “exit” mechanism. When an order directing supervision expires or is cancelled, the person may apply (personally or in writing) to the Commissioner of Police for removal of their name from the register and for return of the original identity card. Upon receipt, the Commissioner of Police (or an authorised police officer) must: (a) remove the person’s name from the register; and (b) request the Commissioner to return the original identity card to the person and to destroy the special identity card that replaced it.
This provision is important for compliance and for rights management. It clarifies that the special identity card is not meant to persist indefinitely; it is tied to the duration of the supervision order. It also creates a formal process for restoration of the person’s original identity documentation once supervision ends.
Rule 6 (Offences): Rule 6 is the enforcement core. It makes it an offence for any person directed to be subject to police supervision under section 30(1)(b) or 32(1) of the Act who does any of the following:
- Fails to surrender the original identity card when required to do so to the Commissioner of Police or an authorised police officer.
- Provides false or incorrect material information when giving particulars required for preparation of a special identity card.
- Obtains or possesses more than one identity card, unless the person can show the cards were obtained/possessed innocently.
- Alters any writing, printing or photograph in any original or special identity card.
- Aids or abets the commission of any offence under the Rules.
Penalty: On conviction, the person is liable to a fine not exceeding $5,000, or imprisonment for up to 3 years, or both. The penalty structure signals that the legislature treats identity-card non-compliance and document integrity breaches seriously.
For practitioners, two offence categories deserve particular attention. First, the “more than one identity card” offence includes an “innocently” defence (the burden is framed as the person showing innocent acquisition/possession). Second, the alteration offence is broad: it covers alterations to writing, printing or photographs in either original or special identity cards. This can include seemingly minor changes, depending on evidence and the nature of the alteration.
How Is This Legislation Structured?
The Criminal Law (Identity Cards) Rules are structured as a short set of procedural and enforcement rules. The document contains:
- Rule 1 (Citation): establishes the short title.
- Rule 2 (Definitions): sets interpretive terms used throughout the Rules.
- Rule 3 (Register and special identity card): describes the police power to register the supervised person, take possession of the original identity card, and request issuance of a special identity card.
- Rule 4 (Commissioner to retain original identity cards): imposes a custody obligation on the Commissioner of National Registration.
- Rule 5 (Removal from register and return of original identity card): provides the process for ending the scheme when supervision ends, including return of the original card and destruction of the special card.
- Rule 6 (Offences): sets out prohibited conduct and penalties.
Notably, the Rules are designed to operate alongside the National Registration Act and National Registration Regulations, and alongside the Criminal Law (Temporary Provisions) Act provisions that trigger police supervision.
Who Does This Legislation Apply To?
The Rules apply to persons who are “directed to be subject to the supervision of the police” under section 30(1)(b) or section 32(1) of the Criminal Law (Temporary Provisions) Act. The identity-card replacement and the offences are therefore not general obligations for all identity-card holders; they are conditional on the existence of a supervision direction under the Act.
Operationally, the Rules also allocate functions to specific authorities: the Commissioner of Police (and authorised police officers) administer the register and take possession of original identity cards; the Commissioner of National Registration retains original cards and issues special identity cards (and later returns/destroys cards as required). Thus, the Rules govern both the supervised person’s conduct and the administrative responsibilities of government officers.
Why Is This Legislation Important?
For legal practitioners, the Criminal Law (Identity Cards) Rules are important because they translate a supervision order into tangible identity-document controls. Identity cards are central to day-to-day legal and administrative life. By requiring surrender of the original card and issuance of a special card, the Rules create a compliance regime that can affect employment, travel, banking, and other identity-dependent processes.
From an enforcement perspective, Rule 6 provides clear criminal offences with meaningful custodial exposure (up to 3 years). This elevates identity-card compliance from an administrative matter to a potential criminal liability issue. Practitioners advising supervised persons should therefore focus on practical compliance steps: ensuring surrender obligations are met when required, ensuring accuracy of particulars provided for special card preparation, and avoiding any conduct that could be characterised as possessing multiple cards or altering identity documents.
From a procedural-rights perspective, Rule 5 is equally significant. It provides a structured pathway for removal from the register and restoration of the original identity card when supervision ends. In cases where supervision is cancelled or expires, counsel should consider whether the person has made the appropriate application and whether the administrative steps (return of original card and destruction of the special card) have been completed.
Related Legislation
- Criminal Law (Temporary Provisions) Act (Cap. 67) — sections 30(1)(b) and 32(1) (police supervision triggers)
- National Registration Act (Cap. 201) — appointment of the Commissioner of National Registration and related identity-card framework
- National Registration Regulations (Cap. 201, Rg 2) — issuance of special identity cards
Source Documents
This article provides an overview of the Criminal Law (Identity Cards) Rules for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.