Prison Act Amendments: ‘This is not an attempt to get legal immunity,’ says Saifuddin

PUTRAJAYA: The proposed amendments to the Prison Act are not meant to give legal immunity to officers, but rather to protect those who carry out their duties in good faith from facing legal action.

Home Minister Datuk Seri Saifuddin Nasution Ismail said prison officers are still subject to legal action if they are negligent or breach standard operating procedures (SOPs) while doing their jobs.

“The Home Ministry’s attempt to amend the Prison Act aims to provide a layer of protection when a prison officer acts in good faith. We need to clarify this phrasing because the public, non-governmental organizations (NGOs), and Members of Parliament think this is an attempt by the Prisons Department to gain legal immunity,” he said at a press conference today.

On June 25, the media reported that the Home Ministry postponed tabling the Prison (Amendment) Bill 2026 to allow for further review by the Parliamentary Special Select Committee.

Elaborating further, Saifuddin explained that some prison officers have faced lawsuits even when they were simply carrying out court decisions according to established procedures.

He gave an example where a Prisons Department Director was sued after carrying out a court-ordered whipping sentence when the inmate later died, despite the punishment being conducted according to procedure and in the presence of a medical officer.

Besides that, he said there were cases where inmates died in their sleep with medical reports confirming no criminal element, yet the prison officers involved still faced lawsuits.

Therefore, he believes there is a strong justification to amend the Prison Act to protect officers who perform their duties in good faith from facing such legal actions.

“I emphasize repeatedly, this is not an attempt to get legal immunity. For example, when the Human Rights Commission of Malaysia (SUHAKAM) investigated a case at Taiping Prison, police reports were made, internal actions were taken, and legal action followed. So there is no intention at all to gain immunity,” he added.

Saifuddin added that engagement sessions with all stakeholders will continue to explain the proposed amendments before the bill is re-tabled in Parliament to ensure everyone understands its true purpose.