Which Section Applies: 424A, B or C

How to use this identifier

Three Penal Code sections cover mule-account offences: 424A, 424B and 424C. They sound alike but describe different conduct with different penalties.

Treat the result as a guide for your questions, not a verdict. The prosecution decides the charge on the facts, and a court decides the case.

Start with two questions: whose account, and what happened?

The fastest way to narrow it down is to ask two things. Whose account is involved, yours or someone else’s? And what did you do: hold it, hand it over or move money through it?

Your honest answers point toward one of the three sections.

Section 424A: controlling another person’s account

This section applies when you possess or control someone else’s account or payment instrument without lawful authority. Section 424A carries a fine of RM5,000 to RM50,000, or 6 months to 5 years in jail, or both ^[f1].

If you were holding, using or controlling an account or card that belongs to another person, this is the likely section. Read section 424A explained for detail.

Section 424B: handing over your own account

This section applies when you give control of your own account to another person. Section 424B carries a fine of RM10,000 to RM100,000, or 1 to 7 years in jail, or both ^[f2].

If you gave your ATM card, online banking or account access to someone else, even a friend or a supposed employer, this is the likely section. See section 424B explained.

Section 424C: moving money through an account

This section applies when transactions are carried out through an account without a lawful purpose. It is the most serious of the three. Section 424C carries 3 to 10 years in jail, or a fine of RM10,000 to RM150,000, or both ^[f3].

If the allegation is that illegal money moved through an account you were involved with, this is the likely section. Compare all three on our section comparison page.

What to do with your answer

Once you have a likely section, read its page and gather the documents that explain your side. Then get advice before you respond to any police request.

You have the right to that advice. Article 5(3) of the Federal Constitution gives you the right to consult and be defended by a lawyer of your choice ^[f4]. A lawyer can confirm which section really fits your facts and what it means for you.

All three offences are bailable, so bail is a right, and the court or police set the amount and conditions. To start, send us a WhatsApp message.

Sources

1. Penal Code, Section 424A
2. Penal Code, Section 424B
3. Penal Code, Section 424C
4. Federal Constitution, Article 5(3)