KUALA LUMPUR (June 25): The Dewan Rakyat on Thursday deferred a vote on the Prison (Amendment) Bill 2026 after lawmakers from both sides of the aisle raised concerns over a provision granting legal protection to prison officers.

The bill will instead be referred to the Parliamentary Special Select Committee on Human Rights, Election and Institutional Reform for further scrutiny, Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah said when winding up the second-reading debate.

The bill, which was tabled for first reading on Tuesday, seeks to introduce several amendments to the Prison Act 1995, including a provision empowering the commissioner general of prisons to order the use of electronic monitoring devices on prisoners in custody, on licence or on parole.

However, debate centred on the proposed new Section 63A, which would grant immunity to prison officers and other individuals acting under the orders, directions or instructions of the commissioner general from legal action or prosecution, provided the act, omission or default was carried out in good faith and with a reasonable belief that it was necessary to implement the provisions of the Act.

During the debate, government backbencher Ramkarpal Singh (PH-Bukit Gelugor) argued that the provision could create a perception of legal immunity and undermine the government's reform agenda.

“If Section 63A is introduced, it would be a regressive move that goes against the spirit of reform,” he said.

Ramkarpal also questioned who would determine whether an action was carried out in good faith, warning that vesting such discretion in prison or enforcement authorities could potentially lead to cover-ups in cases involving misconduct.

He cited a recent inquiry by the Human Rights Commission of Malaysia (Suhakam), which found that prison personnel had committed constitutional and human rights violations during a prisoner transfer operation at Taiping Prison on Jan 17, 2025, which resulted in an inmate's death.

“If such discretion is left to prison or enforcement authorities, it could potentially amount to a cover-up in cases such as the Taiping incident,” he said.

Opposition lawmaker Datuk Awang Hashim (PN-Pendang) also urged the government to withdraw Section 63A, arguing that the provision contained significant weaknesses.

While acknowledging the need to protect officers acting in good faith, Awang said the government must ensure such protection does not create a perception that officers are immune from accountability in cases involving negligence or abuse of power.

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