Under the Penal Code of Malaysia (Act 574, Chapter XVI, sections 312–316), abortion is generally criminalized except under limited statutory exceptions. Section 312 makes it an offense for any person, including a pregnant person themself, to voluntarily cause a miscarriage. The punishment is up to ten years in prison, a fine, or both. Where a miscarriage is caused without the pregnant person's consent, the offense carries a heavier penalty of up to twenty years in prison. Sections 313–316 address aggravated situations. Causing a miscarriage without consent, acts intended to prevent a child from being born alive or to cause it to die after birth, and acts that amount to culpable homicide of an unborn child are all criminalized. These provisions underscore the Penal Code’s broad scope in regulating termination of pregnancy.
There is, however, a statutory exception. Section 312 does not criminalize the termination of pregnancy performed in good faith by a registered medical practitioner under the Medical Act 1971 [Act 50] if, in their clinical judgment, continuation of the pregnancy poses a risk to the life of the pregnant person or would cause injury to their physical or mental health. The law recognizes the medical practitioner’s professional opinion as the basis for lawful termination in such cases.