Law Reform (Marriage and Divorce) Act 1976 [Act 164]

Part V   cite [+]

PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO THE SOLEMNIZATION AND REGISTRATION OF MARRIAGES

35 Omission to appear before Registrar within prescribed time   cite [+]

Any person who, being required by section 31 to appear before a Registrar, omits to do so within the prescribed time shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

36 Contravention of section 32   cite [+]

Any person who contravenes section 32 shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both; and for a second or subsequent conviction shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand ringgit or to both.

37 Interference with marriage   cite [+]

Any person who uses any force or threat-

(a) to compel a person to marry against his will; or

(b) to prevent a person who has attained the age of twenty-one years from contracting a valid marriage,


shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

38 False oath, etc., for procuring marriage   cite [+]

Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

39 False allegation in caveat   cite [+]

(1) Any person who enters a caveat against the issue by a Registrar of a certificate for marriage and makes any false representation in or in support of the caveat knowing or believing such representation to be false or not having reason to believe it to be true, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

(2) Any person who enters a caveat against the issue of a certificate for marriage and pretends or falsely represents himself to be a person whose consent to the marriage is required by law knowing or believing such pretence or representation to be false or not believing it to be true shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand ringgit or to both.

40 Unauthorized solemnization of marriages   cite [+]

Any person who, not being authorized thereto under this Act, solemnizes or purports to solemnize any marriage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years and to a fine not exceeding fifteen thousand ringgit.

41 Offences relating to solemnization of marriages   cite [+]

(1) Any person who knowingly and contrary to this Act solemnizes or purports to solemnize or officiate at a marriage-

(a) without first receiving a certificate for the marriage or a licence dispensing with such certificate;

(b) otherwise than in the presence of at least two credible witnesses other than the person solemnizing the marriage; or

(c) after the expiration of six months from the date of the notice of marriage given under section 14,


shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

(2) Any Registrar who knowingly and contrary to this Act issues any certificate for marriage-

(a) without publishing the notice of marriage as required by section 15;

(b) when a caveat has been entered under section 19 without having first complied with section 20; or

(c) contrary to section 16,


shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

(3) Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of Part III shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years and to a fine not exceeding five thousand ringgit.

42 Destroying or falsifying register book   cite [+]

Any person who by himself or another-

(a) wilfully destroys or injures any register of marriages or any certificate thereout, or any part thereof or any authenticated extract therefrom;

(b) falsely makes or counterfeits any part of such register or certificate; or

(c) wilfully inserts any false entry in any register or certificate or authenticated extract,
shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding seven years and to a fine not exceeding ten thousand ringgit.

43 Sanction for prosecution   cite [+]

No prosecution for an offence punishable under this Act shall be instituted except with the authority in writing of the Public Prosecutor.

44 Correction of errors   cite [+]

(1) If the Registrar General is satisfied by statutory declaration or otherwise that any entry in a marriage register is erroneous in form or in substance, he may authorize to correct the error by entry in the margin, without altering the original entry.

(2) Every marginal entry so made shall be signed and dated by the Registrar.

(3) A copy of such correction shall be sent forthwith to the Registrar General or the Superintendent Registrar for a similar correction to be made in his marriage register.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

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