Section 424B

What it means

Section 424B of the Penal Code makes it an offence to give control of your own bank account or payment instrument to another person ^[f1]. In everyday terms, it covers lending your account, handing over your card, or sharing your online banking login so someone else can use it.

This is the section that can apply to people who thought they were only helping. It is one of three linked mule account offences, with section 424A and section 424C.

The penalty

The penalty is a fine of RM10,000 to RM100,000, or jail of 1 to 7 years, or both ^[f1]. That is heavier than section 424A, which covers holding someone else’s account, at RM5,000 to RM50,000 or 6 months to 5 years, or both ^[f2].

The most serious of the three is section 424C, for transactions through an account without a lawful purpose, at RM10,000 to RM150,000 or 3 to 10 years, or both ^[f3].

Arrest and bail

Police may arrest without a warrant, but section 424B is bailable, so bail is a right. The court or the police set the amount and conditions. A compound cannot settle a 424B charge.

Why 424B can apply to a lent account

People come to this section after lending an account to a friend, a relative or someone posing as an employer. The everyday label is akaun keldai, and the request may have looked harmless at the time.

The section is about giving control of your own account without lawful authority or lawful purpose. What you knew and why you did it matter to your defence. A lawyer can raise genuine deception, no benefit to you, and your cooperation once you learned the truth. Getting advice before your first statement helps you respond carefully.

Sources

1. Penal Code, Sections 424A, 424B, 424C (https://www.lawnet.com.my/penal-code)