Bail in Malaysia: Bailable vs Non-Bailable Offences, Bailors and What Happens If Bail Is Refused?

When someone is arrested or charged with a criminal offence in Malaysia, one of the first questions the person and their family may ask is: can they be released on bail?

The answer depends on several factors. The offence may be classified as bailable or non-bailable, another written law may impose special restrictions on bail, and in some cases the court must exercise its discretion before deciding whether release should be allowed.

There may also be practical questions about the amount of bail, who can become a bailor, what documents are needed, what conditions may apply, and what legal options may remain if bail is refused.

Under Malaysia's Criminal Procedure Code, the distinction between a bailable offence and a non-bailable offence is particularly important. A bailable offence generally carries a right to bail under Section 387, while Section 388 deals with the court's or relevant police officer's discretion in relation to non-bailable offences, subject to the statutory restrictions that apply.

This guide explains the general bail framework in Malaysia, including bailable and non-bailable offences, bail applications, bailors and sureties, bail amounts, court conditions, bail forfeiture and what may happen when bail is refused.

This article provides general legal information only. The actual position depends on the offence, the legislation involved, the court, the procedural stage and the facts of the particular case.

What Is Bail in Malaysia?

Bail is a legal mechanism that allows a person who would otherwise remain in custody to be released subject to an obligation to attend court or comply with the applicable bail requirements.

The Malaysian Judiciary describes bail as the temporary release of an accused person upon providing sufficient security to the court together with an undertaking by the bailor to ensure that the accused person attends court throughout the proceedings.

The key purpose of bail is therefore generally to secure the person's attendance when required. Bail should not be confused with a fine, punishment or finding of guilt.

A person who has been granted bail remains subject to the criminal proceedings. The criminal charge does not disappear simply because the person has been released from custody.

Read the Malaysian Judiciary's current public guidance on bail.

Is Bail the Same as Being Released Without Charge?

No. Bail and unconditional release are different.

A person who is released on bail usually remains subject to an investigation, criminal proceeding or requirement to appear before the relevant authority or court.

By contrast, a person may in some circumstances be released without being charged at that stage. Whether further investigation can continue after release depends on the circumstances.

Bail should also be distinguished from remand. Remand concerns continued detention for investigation, while bail concerns release subject to legal obligations.

If you need a broader explanation of how arrest, remand, bail and court proceedings connect, see what happens after an arrest in Malaysia.

What Is a Bailable Offence in Malaysia?

Section 2 of the Criminal Procedure Code defines a bailable offence as an offence shown as bailable in the First Schedule to the Code or one that is made bailable by another law for the time being in force.

This classification is important because Section 387 of the Criminal Procedure Code provides the framework for release in the case of a bailable offence.

Where the requirements of Section 387 apply and the person is prepared to give bail, the statutory wording provides that the person shall be released on bail.

For this reason, bail for a bailable offence is commonly described as bail as of right.

This does not mean that nothing needs to be done. The appropriate bail bond, surety or other requirement may still need to be completed before the person is physically released.

What Is a Non-Bailable Offence?

The Criminal Procedure Code defines a non-bailable offence as an offence that is not classified as bailable.

The term can cause confusion because non-bailable does not automatically mean that bail is impossible.

Under Section 388 of the Criminal Procedure Code, a person accused of a non-bailable offence may, in circumstances permitted by that section, be released on bail by the officer in charge of the police district or by the court.

The important difference is that bail is not available simply as of right in the same way as under Section 387. The relevant decision-maker must consider whether bail should be granted under the applicable law.

This is commonly referred to as discretionary bail.

Does Non-Bailable Mean the Court Must Refuse Bail?

No, not necessarily.

This is one of the most important distinctions to understand about bail in Malaysia.

A non-bailable offence generally means that there is no automatic right to bail. It does not mean that the court has no power to grant bail in every such case.

Section 388 contains the statutory framework governing when a person accused of a non-bailable offence may be released.

There are, however, important restrictions within Section 388 itself. In addition, certain other written laws may contain their own bail restrictions or may prohibit bail for particular offences.

For that reason, the correct question is not simply:

Is this offence non-bailable?

The more complete questions are:

• What offence has actually been alleged or charged?
• Is it classified as bailable or non-bailable?
• Does the Criminal Procedure Code apply in the ordinary way?
• Does another written law impose a special bail restriction?
• If bail is discretionary, what circumstances are relevant to the application?

Are There Offences Where Bail Is Restricted or Prohibited?

Yes. Some written laws contain special provisions affecting bail.

This is why a person should not rely only on the general bailable versus non-bailable distinction under the Criminal Procedure Code.

For some serious offences, the legislation governing the specific offence may restrict the court's ability to grant bail or impose a different legal framework.

The exact charge must therefore be checked against the current legislation before anyone concludes that bail is available.

This can be particularly important in serious criminal matters where special statutory regimes apply.

What Does Section 388 Say About Serious Non-Bailable Offences?

Section 388 contains an important restriction concerning certain non-bailable offences.

Under the provision, a person accused of a non-bailable offence may be released on bail in circumstances permitted by the section, but the provision restricts release where there appear to be reasonable grounds for believing that the person has been guilty of an offence punishable with death or imprisonment for life.

The same subsection contains a proviso concerning a person under sixteen years of age, a woman, or a person who is sick or infirm.

The application of these provisions depends on the actual offence and facts. They should not be treated as a simple formula for predicting whether an individual person will receive bail.

Who Can Grant Bail in Malaysia?

Depending on the classification of the offence and the procedural stage, bail may be dealt with by the police or by the court.

Section 387 identifies police officers and the court who may release a person in the circumstances covered by that section.

Section 388 separately deals with release in relation to non-bailable offences and refers to the officer in charge of the police district or the court.

Once a person has been charged in court, bail is commonly dealt with as part of the court proceedings.

The precise authority and process therefore depend on whether the matter remains at the investigation stage or has already reached court.

When Is Bail Usually Considered?

Bail can arise at different points in a criminal matter.

It may arise while a person is still under investigation, when a person is brought before a court, or after a charge has been filed.

Where the person has been remanded for investigation, the issue of release may become especially important when the investigation reaches the point where the authorities must decide whether to release the person, seek another lawful detention step where available, or bring a charge.

Once the person is charged, the court may need to determine the appropriate bail position according to the offence and applicable law.

What Is a Bail Application?

A bail application is the process of asking the relevant court to release an accused person on bail where a court decision is required.

In a non-bailable offence where the court has discretion, the defence may need to explain why release on bail is appropriate and address concerns that may be raised by the prosecution.

The court does not decide every bail application using a single fixed checklist. Malaysian case law has recognised a number of considerations that may become relevant depending on the circumstances.

These can include:

• the nature and gravity of the charge;
• the potential punishment if convicted;
• whether there is a risk that the accused may abscond;
• whether there is a risk of interference with witnesses;
• whether evidence could be interfered with;
• the accused person's personal circumstances and ties;
• the period already spent in detention;
• the likely progress of the proceedings; and
• other circumstances relevant to ensuring attendance and protecting the proper administration of justice.

Not every factor will carry the same weight in every case.

What Does Risk of Absconding Mean?

A risk of absconding refers to the concern that an accused person may fail to return to court or may attempt to avoid the criminal proceedings if released.

Because the central purpose of bail includes securing attendance, this can be an important consideration in a discretionary bail application.

Depending on the case, information about residence, employment, family responsibilities, travel history and other ties may become relevant to the court's assessment.

The existence of international travel or foreign nationality does not automatically determine the outcome. The decision remains dependent on the applicable law and facts.

Why Can Witness Interference Matter in a Bail Application?

Another concern that can arise is whether releasing an accused person could create a risk of interference with witnesses or evidence.

The court may consider whether there is a realistic concern that a person could contact, influence or intimidate witnesses or interfere with evidence relevant to the prosecution.

The defence may therefore need to address such concerns where they are raised.

In an appropriate discretionary bail case, conditions may sometimes be considered to address identified risks. The legality and suitability of any particular condition depend on the classification of the offence and the court's powers in the specific case.

Can the Court Impose Conditions on Bail?

Conditions can arise in bail orders, particularly where the court is exercising discretion in relation to a non-bailable offence.

Depending on the case and legal basis, conditions that have been considered in Malaysian bail practice can include requirements relating to travel documents, attendance at a police station or restrictions intended to address specific risks.

However, conditions should not be discussed as though the court has identical powers in every category of bail.

The legal basis for imposing conditions can differ according to whether bail is granted as of right or under a discretionary provision. The actual order made by the court should therefore be read carefully.

How Is the Bail Amount Decided?

Section 389 of the Criminal Procedure Code deals with the amount of the bail bond.

The statutory principle is that the amount should be fixed with due regard to the circumstances of the case and should be sufficient to secure the attendance of the person, but it should not be excessive.

This is an important principle because bail is intended to secure attendance rather than operate as a punishment before trial.

The amount will therefore depend on the circumstances rather than on a universal bail price.

How Much Does Bail Cost in Malaysia?

There is no single fixed amount for bail in Malaysia.

It is also more accurate to think of bail as security connected to the bail bond rather than simply as a legal fee or court fine.

The amount can differ significantly from one case to another depending on the offence, the circumstances and the court's decision.

Section 389 specifically requires that the amount not be excessive and gives a Judge power, in appropriate circumstances, to direct that a person be admitted to bail or that bail required by a police officer or court be reduced or increased.

If a bail amount has been fixed but cannot realistically be provided, legal advice may be required on whether there is an appropriate route to seek a reduction.

Can a Bail Amount Be Reduced?

Potentially, yes.

Section 389 expressly provides that a Judge may direct that the bail required by a police officer or court be reduced or increased.

Whether an application should be made, what court should hear it and what information should support it depend on the particular case.

The fact that an accused person or family simply prefers a lower amount does not mean that the court must reduce it.

Relevant circumstances may need to be placed before the court so that the amount can be assessed against the purpose of securing attendance without being excessive.

What Is a Bail Bond?

A bail bond records the legal undertaking connected with the person's release.

Section 390 of the Criminal Procedure Code provides for execution of a bond before a person is released on bail or on the person's own bond.

Where one or more sureties are involved, the bond is connected to the accused person's obligation to attend at the time and place specified and to continue attending until otherwise directed.

The bail bond is therefore an important legal obligation, not simply an administrative receipt.

What Is the Difference Between a Bailor and a Surety?

The terms are closely related in everyday Malaysian criminal practice.

The Malaysian Judiciary generally uses the word bailor in its public guidance. The Criminal Procedure Code uses the term surety in the provisions dealing with bail bonds.

In practical terms, the bailor or surety is the person who undertakes responsibility connected with securing the accused person's attendance in court under the bail arrangement.

The bailor should understand that becoming a surety is a legal responsibility rather than simply lending money to the accused.

Who Can Become a Bailor?

The Malaysian Judiciary's current public guidance states that a bailor should be an adult above 18 years of age, understand the conditions imposed by the court and be able to produce the bail fixed by the court.

The Judiciary also addresses citizenship requirements and states specifically that where the accused person is a foreigner, the bailor must be a Malaysian citizen.

The precise requirements should be confirmed with the relevant court registry because the actual bail order and accused person's circumstances may affect what is required.

What Is the Responsibility of a Bailor?

The main responsibility identified by the Malaysian Judiciary is to ensure that the accused attends court on the dates fixed by the court.

A bailor should therefore know:

• which criminal case the bail relates to;
• the amount and form of the bail;
• the accused person's court dates;
• the conditions attached to the bail order;
• how to contact the relevant court registry if necessary; and
• the potential consequences if the bail bond is breached.

A person should not agree to become a bailor without understanding these responsibilities.

What Documents Does a Bailor Need?

The Malaysian Judiciary's current bail guidance states that the bail process is handled at the relevant court registry and identifies documents or financial instruments that the bailor may need to produce.

The guidance currently lists:

• the bailor's identity card; and
• the savings account or fixed deposit to be used for bail.

The Registry or Magistrate will explain the relevant bail conditions to the bailor and accused person.

The Judiciary also states that the bailor will be given a reference letter that should be kept for matters relating to the bail bond.

Because court procedures can develop and electronic payment options are now available, the bailor should confirm the current requirements with the relevant court registry before attending.

Can Court Bail Be Paid Online?

Malaysia currently provides an online court bail payment service.

The MyGovernment portal describes the Online Court Bail Payment service as a service of the Office of the Chief Registrar of the Federal Court of Malaysia that enables a surety or bailor to make a court bail payment online.

The service currently supports payment through internet banking using FPX.

The digital payment facility does not change the underlying legal requirement that bail must first be granted and the applicable conditions must be satisfied.

The availability and exact process should be confirmed for the relevant case and court.

View the Malaysian Government's Online Court Bail Payment service.

When Is an Accused Person Actually Released?

Obtaining an order granting bail and completing the requirements for release are related but separate steps.

Section 391 provides that once the relevant bond has been executed, the person for whose appearance it was executed is to be released in accordance with the provision.

If the accused is in prison, the court admitting the person to bail issues the appropriate release order to the officer in charge.

However, Section 391 also recognises that release under the bail provisions does not require a person's release if that person is lawfully liable to be detained for some other matter.

This means that a bail order in one case does not necessarily override another separate lawful basis for detention.

What If Bail Is Granted but the Family Cannot Provide the Bailor or Security?

In practice, an accused person may remain in custody even though bail has been granted if the requirements for the bail bond have not yet been completed.

This can occur where an appropriate surety has not yet been arranged or the required security has not been provided.

Families should therefore try to understand the bail requirements as soon as possible and identify a potential bailor who is willing and able to comply with the court's requirements.

If the amount itself presents a serious difficulty, legal advice can be obtained on whether an application concerning the amount is available in the circumstances.

Can Someone Be Released on a Bond Without Sureties?

Yes, the Criminal Procedure Code recognises circumstances in which a person may be released on a bond without sureties.

Section 387(2), for example, allows the police officer or court, if considered appropriate, to discharge a person on the execution of a bond without sureties instead of taking bail.

Section 388 also contains provisions involving a bond without sureties in particular circumstances.

This does not mean that every accused person can insist on being released without a bailor. Whether the provision applies depends on the legal and factual circumstances.

What Happens If Bail Is Refused?

If bail is lawfully refused, the accused person may remain in custody while the criminal proceedings continue, unless bail is subsequently granted or another lawful release occurs.

A refusal of bail does not necessarily mean that there is no further legal step available.

The correct procedure depends on:

• which court refused bail;
• the offence charged;
• the statutory basis for the refusal;
• whether the law gives the court discretion to grant bail at all;
• whether circumstances have materially changed; and
• what procedural route is legally available.

Section 394 of the Criminal Procedure Code provides that a person aggrieved by an order or refusal of an inferior Court made under the bail chapter may appeal to the High Court. The High Court may confirm, vary or reverse the order.

Section 389 also gives a Judge powers concerning admission to bail and the reduction or increase of bail.

Depending on the procedural situation, Malaysian criminal practice may involve questions of appeal, reapplication, revision, motion or another appropriate application. These are not interchangeable procedures and should be assessed according to the particular case.

Can You Apply for Bail Again After It Has Been Refused?

There may be circumstances where a further bail application is appropriate, particularly where there has been a material change in circumstances.

However, repeatedly making the same application without a proper legal basis should not be treated as an automatic route to obtaining bail.

Whether a new application, an appeal or another procedure is appropriate depends on why bail was refused and what has changed since the earlier decision.

This is one of the situations where the court record and reasons for the earlier decision can become important.

Can a Bail Refusal Be Appealed to the High Court?

Section 394 provides an appeal mechanism for a person aggrieved by an order or refusal of an inferior Court made under Chapter XXXVIII of the Criminal Procedure Code.

Under that section, the High Court may confirm, vary or reverse the order of the inferior Court.

This does not mean that every bail refusal will automatically be overturned.

An appeal must address the actual order and legal basis for challenging it. The correct procedure should therefore be considered promptly where continued detention is involved.

Can Bail Be Cancelled or Revoked After It Is Granted?

Bail should not be viewed as an unconditional release that can never be reconsidered.

Section 388(5) provides that a court may, at a subsequent stage of proceedings under that section, cause a person who has been released to be arrested and may commit the person to custody.

A failure to comply with the bail bond or court requirements can also create serious consequences.

For that reason, the accused person should carefully follow all court dates and understand any lawful conditions attached to the bail order.

What Happens If the Accused Does Not Attend Court?

The bail bond exists to secure attendance.

If an accused person fails to attend court when required, the court may take steps under the Criminal Procedure Code, including action relating to the accused person's attendance and the bail bond.

The bond may potentially be forfeited, and the bailor may be called upon to address the consequences of the breach.

Failure to attend may also affect the accused person's bail position going forward.

If an accused person cannot attend court because of a genuine emergency, legal advice should be obtained immediately rather than simply failing to appear.

Can the Bailor Lose the Bail Money?

There is a risk of forfeiture where the bail bond is breached.

The Malaysian Judiciary expressly warns that if the bailor fails to comply with the conditions connected with the bail, the court may forfeit the bail.

The Criminal Procedure Code contains procedures concerning forfeiture of bonds, including a process in which the person bound by the bond may be called upon to pay the penalty or show cause why it should not be paid.

Becoming a bailor therefore involves a real legal and financial responsibility.

Can a Bailor Withdraw as Surety?

The Criminal Procedure Code provides a mechanism for a surety to seek discharge from the bail bond.

Section 393 allows one or more sureties for the attendance and appearance of a person released on bail to apply to a Magistrate to discharge the bond, either completely or insofar as it relates to the applicant.

If the bond is discharged, the accused may be required to provide another sufficient surety. If the accused fails to do so, custody may follow in accordance with the provision.

A bailor who no longer wishes or is no longer able to continue should therefore use the proper legal process rather than simply assuming that the responsibility has ended.

Is Bail Money a Fine?

No.

Bail security should not be confused with a criminal fine.

A fine is a form of punishment that may be imposed following a conviction where the law permits it.

Bail, by contrast, concerns release and the obligation to attend proceedings.

The existence of a bail amount does not mean that the accused has been convicted or punished.

Does Paying More Bail Improve the Chance of Acquittal?

No.

The bail amount has nothing to do with determining whether an accused person is guilty or innocent.

Bail deals with release from custody and attendance during the proceedings.

The criminal charge itself is determined according to the applicable law and evidence through the criminal process.

A higher bail amount does not strengthen the defence case, and a lower bail amount does not suggest that the charge is less important.

Does Being Granted Bail Mean the Case Is Weak?

No.

A decision to grant bail is not a ruling that the prosecution case is weak or that the accused will be acquitted.

Likewise, refusal of bail does not amount to a conviction.

Bail and the eventual determination of criminal liability are different questions.

The accused remains entitled to have the criminal charge determined through the proper legal process.

What Should a Family Prepare for a Bail Application?

When a family member has been arrested or charged and bail may be considered, it is useful to organise the relevant information early.

Depending on the case, this may include:

• the accused person's full name and identification details;
• the offence or section mentioned by the authorities;
• the police station, court or investigating authority involved;
• the next remand or court date;
• the accused person's residential address;
• employment or business information where relevant;
• information about family responsibilities where relevant;
• details of a potential bailor;
• the bailor's identity document;
• the financial arrangements necessary to comply with the bail order; and
• any specific information that may need to be placed before the court.

The exact material required will depend on the circumstances and should be discussed with the lawyer handling the bail application.

What Should a Potential Bailor Ask Before Agreeing?

Before becoming a bailor, the person should understand the responsibility being accepted.

Useful questions include:

• What is the accused person charged with?
• What is the amount of the bail bond?
• What security must be provided?
• What conditions have been imposed?
• When is the accused required to attend court?
• What happens if the accused fails to attend?
• How long will the bail bond continue?
• How can the surety apply to be discharged if circumstances change?

A bailor should keep the court's bail reference and any relevant documentation safely.

What Information Should You Give a Criminal Lawyer About Bail?

For an initial bail enquiry, start with the essential facts rather than sending a large volume of documents immediately.

Useful information can include:

• the accused person's name;
• the offence or statutory section;
• whether the person is under investigation or has already been charged;
• the current place of detention;
• the court dealing with the matter;
• whether bail has already been requested;
• the bail amount, if one has been fixed;
• any conditions imposed by the court;
• whether bail has previously been refused;
• the next court date; and
• any urgent circumstances that may be relevant.

A lawyer can then identify what additional information is required to assess the bail position.

When Should You Speak to a Criminal Lawyer About Bail?

Bail can be time-sensitive, particularly where a person remains in custody.

Legal advice may be appropriate where:

• a family member has just been arrested;
• a remand period is ending and a charge may be filed;
• the accused is being produced in court;
• the offence is non-bailable and a discretionary application is required;
• there is uncertainty about whether another statute restricts bail;
• the prosecution is opposing bail;
• the proposed bail amount appears difficult to provide;
• the court has imposed conditions requiring clarification;
• bail has already been refused;
• a bailor is unable to continue; or
• there is a risk of a breach of the bail bond.

NFALAW handles criminal matters involving investigation, arrest, remand, charges, court proceedings and appeals, subject to the facts, conflicts, availability, scope and formal instructions.

View NFALAW's criminal law practice areas.

Bail Assistance in Kuala Lumpur, Shah Alam and Seremban

The court and procedural stage involved in a bail matter can affect what information is required and where the application will be dealt with.

NFALAW currently provides location-specific information for criminal-law enquiries involving Kuala Lumpur, Shah Alam and Seremban.

These location pages provide the appropriate starting point for enquiries connected with those court areas without assuming that every matter is heard at the same venue.

Bail in Malaysia: Key Points to Remember

1. Bail is not a finding of innocence or guilt. It concerns release from custody while the criminal process continues.
2. A bailable offence generally carries bail as of right. Section 387 of the Criminal Procedure Code provides the main framework.
3. Non-bailable does not automatically mean no bail. Section 388 may allow discretionary bail, subject to its restrictions and any other applicable legislation.
4. Some offences are subject to special statutory bail restrictions. Always check the actual offence and current written law.
5. The bail amount should secure attendance and should not be excessive. Section 389 governs the amount of the bond.
6. A bailor or surety has legal responsibilities. The bailor is responsible for helping ensure the accused person's attendance in court.
7. Bail may involve a bond and security. The court registry will explain the requirements applying to the particular order.
8. Online court bail payment is available in Malaysia. The current MyGovernment service supports online payment through FPX, subject to the applicable court process.
9. Failure to attend court can have consequences. The accused may face further court action and the bail bond may be at risk of forfeiture.
10. A refusal of bail may not always be the final procedural step. The correct route may involve an appeal or another appropriate application depending on the law and circumstances.

Frequently Asked Questions About Bail in Malaysia

What is bail in Malaysia?

Bail is the temporary release of a person from custody subject to the applicable bail bond, security and requirement to attend court. Bail is not a conviction, punishment or finding that the accused is innocent.

What is a bailable offence in Malaysia?

Under the Criminal Procedure Code, a bailable offence is one shown as bailable in the First Schedule or made bailable by another law. Where Section 387 applies and the person is prepared to give bail, bail is generally available as of right.

What is a non-bailable offence in Malaysia?

A non-bailable offence is an offence that is not classified as bailable. It does not automatically mean that bail is impossible. Section 388 of the Criminal Procedure Code provides for discretionary bail in circumstances permitted by the provision, subject to statutory restrictions.

Does non-bailable mean the court cannot grant bail?

No, not necessarily. Non-bailable generally means that bail is not available as of right. The court may have discretion under Section 388, although some offences are subject to additional statutory restrictions or prohibitions on bail.

How much is bail in Malaysia?

There is no standard bail amount for every criminal case. Section 389 of the Criminal Procedure Code provides that the amount should be sufficient to secure the person's attendance but should not be excessive. The amount depends on the circumstances of the case.

Who can be a bailor in Malaysia?

The Malaysian Judiciary's current guidance states that a bailor should be an adult above 18, understand the court's conditions and be able to produce the bail fixed. For a foreign accused person, the Judiciary states that the bailor must be a Malaysian citizen.

What does a bailor have to do?

The Malaysian Judiciary states that the bailor is responsible for ensuring that the accused person attends court on the dates fixed. A bailor should understand the bail conditions and the potential consequences if the bond is breached.

Can court bail be paid online in Malaysia?

Yes. The Malaysian Government currently provides an Online Court Bail Payment service that allows court bail payments to be made online using internet banking through FPX, subject to the relevant court's requirements and the bail order.

Can a bail amount be reduced?

Section 389 of the Criminal Procedure Code gives a Judge power in appropriate circumstances to reduce or increase bail required by a police officer or court. Whether an application for reduction is appropriate depends on the particular case.

What happens if bail is refused in Malaysia?

If bail is lawfully refused, the accused may remain in custody unless bail is later granted or another lawful release occurs. The next legal step depends on the offence, the reason for refusal and the court involved. Section 394 provides an appeal to the High Court against certain bail orders or refusals made by an inferior Court.

Can I apply for bail again after bail has been refused?

A further application may be possible in some circumstances, particularly where circumstances have materially changed. The correct procedure may instead involve an appeal or another application, so the earlier order and reasons for refusal should be reviewed first.

Can a bailor withdraw from a bail bond?

Section 393 of the Criminal Procedure Code allows a surety to apply to a Magistrate to have the bail bond discharged. The accused may then be required to provide another sufficient surety and may be taken into custody if unable to do so.

Can a bailor lose the bail money if the accused does not attend court?

Yes, the bail bond may be at risk of forfeiture where its requirements are breached. The Malaysian Judiciary warns that failure to comply with bail conditions may result in forfeiture, and the Criminal Procedure Code contains procedures dealing with forfeited bonds.

Does being granted bail mean the criminal case is weak?

No. Bail concerns release and attendance during criminal proceedings. Granting bail is not a finding that the prosecution case is weak, just as refusing bail is not a finding that the accused is guilty.

Is bail money the same as a criminal fine?

No. Bail security relates to release and attendance in court. A fine is a form of punishment that may be imposed following conviction where permitted by law. Paying bail does not mean the accused has been convicted.

Need Legal Advice About Bail in a Criminal Case?

If you or a family member has been arrested, is being remanded, has been charged in court, needs a bail application, is facing prosecution opposition to bail, cannot meet an existing bail amount or has had bail refused, obtaining advice based on the actual offence and court order may be important.

NFALAW handles Malaysian criminal defence and related proceedings from investigation and arrest through remand, charges, trials and appeals, subject to the facts, applicable law, conflicts, availability and formal instructions.

For an initial enquiry, provide the alleged offence or charge, court or police station involved, current custody status, any bail amount already fixed, whether bail was refused, and the next urgent court date.

Contact NFALAW about a bail or criminal-law matter.

Important Legal Disclaimer

This article provides general information about bail, bailable offences, non-bailable offences, bailors and bail applications in Malaysia. It is not legal advice and does not create a lawyer-client relationship.

The availability of bail depends on the exact offence, the Criminal Procedure Code, any other applicable written law, the facts of the case and the procedural stage. Some offences may be subject to special statutory restrictions that are not covered by the ordinary bail framework.

The law and court procedures may also change. Do not rely on this article to determine whether bail must be granted, whether a particular bail amount is appropriate, whether a bail condition is valid or whether an earlier refusal can be successfully challenged.

Where a person is currently in custody or an urgent bail hearing is approaching, obtain legal advice based on the actual charge, court documents and circumstances.

Past cases and previous bail decisions do not guarantee the outcome of another bail application.

Last reviewed: September 2026