SLAPPING anyone is a criminal offence. 

In criminal investigations, it is classified as causing hurt under section 323 of the penal code. Investigations commence after obtaining an order to investigate from the Attorney-General’s Chambers. 

There are times it is complemented with criminal intimidation under section 506 of the penal code if the facts in issue and the intention to intimidate are clear. Then it becomes a seizable offence and the police initiates a probe immediately. 

The volleyball coach who slapped the female student should be investigated by the police so as to establish whether there have been other victims involving the same suspect. Investigations will also rule out undue influence of the suspect over the victim and her family as it is obvious that the suspect is in a position of authority. 

Investigations may uncover other similar incidents and there is a possibility of similar fact evidence to other victims. This has to be ruled out. We must also keep in mind that the suspect being in a position of authority can exert intimidating influence over many parties, including his own administrative superiors. 

In the past, the police have always been cautious to step in too quickly in school matters and normally allow the respective school administrations to handle trivial offences through their relevant disciplinary procedures. It is no longer tenable these days as offences have escalated and some have led to serious injuries. 

It is opined that the courts will be the best place to assess these cases and come up with a fair solution. The offence under section 323 of the penal code is a summons case, is non-seizable, and can be compounded in court, where parties concerned can have all their options judicially ventilated.

Bringing it to the criminal justice system will go a long way in ensuring that such aggressive reactions by any party, especially by those entrusted with positions of authority, become a thing of the past. – January 4, 2023. 

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.