A Man In Sibu Was Jailed For A Month Over A MyKad He Didn't Have On Him

On 25 January 2024, a 27-year-old man in Sibu, Sarawak failed to produce his MyKad to police officers at Jalan Temple. The Magistrate's Court fined him RM2,000. He could not pay. He was jailed for a month.

Separately, a 16-year-old in Klang who had lost his IC and was carrying only a temporary one spent four days in jail after going to a mall.

Those are lenient outcomes. Under Regulation 25 of the National Registration Regulations 1990, the offence carries a fine of up to RM20,000 or imprisonment up to three years. And under s.6(2)(u) of the parent National Registration Act 1959, the Home Minister may prescribe penalties of up to RM50,000, five years, or both.

1. The duty to carry and produce

Who must have one. Every Malaysian citizen aged 12 and above must register for an identity card. Application within 30 days of the 12th birthday is free; a RM10 fee applies after 30 days until the child turns 16.

The offence. The Regulations require Malaysians to produce their IC when asked by an authorised officer. Failure is punishable under Regulation 25 by a fine up to RM20,000, imprisonment up to three years, or both.

The wider power. Section 6(2)(u) of the National Registration Act 1959 allows the Home Minister to impose penalties for contravention of any regulation of up to RM50,000, five years imprisonment, or both.

A minimum fine that was abolished. Historically the penalty range began at a minimum RM3,000. In July 2006 the Home Affairs Minister announced the minimum would be abolished so that the amount would be determined by the courts, with the maximum retained. Note that sources still circulate the "RM3,000 to RM20,000" range — that phrasing reflects the pre-abolition position for this offence, though the RM3,000 minimum does still appear in reporting on the separate offence of misusing another person's MyKad.

Enforcement is real but the sentences imposed are usually far below the maxima. The Sibu case produced a RM2,000 fine, converted to a month's imprisonment in default of payment.

2. Photocopies, digital copies and the honest gaps

Photocopies are not accepted. JPN's public relations officer has stated it is not advisable to carry a photocopy because it is not valid, and that only a genuine IC can identify the person.

On digital identity — we are going to be straight about the limits of what we could verify. Malaysia has been developing digital identity infrastructure, and readers may have seen references to digital ID apps. We could not verify to a publishable standard whether any digital or app-based credential is currently accepted by police as a substitute for producing the physical MyKad. Do not assume it is. Carry the card.

Is there a grace period to produce it later at a police station? Your brief asked us to verify this. We could not find authority for a general statutory grace period allowing a person stopped without their IC to produce it at a station within a set time. In practice, officers exercise discretion and many such stops end without charge — but the reported cases show that discretion is not guaranteed. We are not going to tell you a grace period exists when we cannot evidence it.

3. Losing your MyKad — the fee scale

Regulation 13 of the National Registration Regulations 1990 (Amendment 2007) requires a person who has lost their identity card to immediately apply for a replacement.

For non-citizens (MyPR, MyKAS), the same loss penalties apply but the application fee is RM40 rather than RM10.

Damaged card: minimum RM10, and free where the card is replaced within 12 months of issue. For non-citizens, a damaged-card replacement is reported at RM40.

A correction worth noting: older articles quote RM200 for a second loss. The current scale is RM100 / RM300 / RM1,000.

Waivers. The loss penalty is commonly waived where the loss was caused by a crime (theft, robbery, snatch theft), and for disaster victims, persons with disabilities (OKU), senior citizens aged 60 and above, and citizens under 18. The RM10 application fee may still apply. Confirm eligibility against JPN's own schedule — waiver practice is administrative.

4. The replacement process

Step by step:

1. Make a police report where required. A report is compulsory where the loss was due to a crime (first and subsequent losses), and compulsory for second and subsequent losses due to negligence. The report must clearly state the incident details and the lost IC's details. - For a non-criminal loss, PDRM's e-Reporting portal at ereporting.rmp.gov.my is available. - If it was stolen, pickpocketed or snatched, that is a criminal matter and must be reported in person.
2. Apply. You may start online at jpn.gov.my through the MyKad Replacement System if there is no change of photograph or particulars. But you must still attend an NRD office in person — your photograph and thumbprints are captured on site.
3. Bring: the police report where required, proof of identity, and proof of address — utility bill, assessment tax, income tax assessment, sale and purchase agreement, tenancy agreement, or an endorsement from a penghulu, ketua kampung, Tuai Rumah, ADUN, MP, employer or the ATM (original or certified copy).
4. Collect in person. Thumbprint verification is required.
5. Timing: State HQ, UTC and selected branches are reported to issue cards in about 33 minutes; other Peninsular branches around 5 working days; Sabah, Sarawak and Labuan around 7 working days.

No refunds are considered once the application has been processed by the Identity Card Division, even if the lost card is later recovered.

5. Do not lie about how you lost it

This is a genuine trap and people are prosecuted for it.

In one year, Sentul district police investigated 68 individuals who lodged false police reports claiming robbery or snatch theft in order to avoid the JPN loss penalty. Investigations found most incidents were fabricated and the losses were due to negligence. 59 were charged in court; nine remained under investigation. The offence is s.182 of the Penal Code — making a false report.

The arithmetic is obvious: you are risking a criminal charge to avoid RM100. Tell the truth on the report.

6. Two other MyKad duties people miss

Address changes — Regulation 15. If you move to a new residence where you will stay 90 days or more, you must update the address on your MyKad, and the change must be made within 14 days of moving. Penalties fall under Regulation 25 — up to RM20,000, up to three years, or both. A RM10 fee applies for citizens (RM40 for non-citizens) because a new card is issued.

Realistically, reporting notes the chance of actually being fined RM20,000 or jailed for a stale address is low. But it is a legal requirement, and the address on your card matters for services, elections and court correspondence.

Age 18 replacement — Regulation 18. A person who has attained the age of 18 and holds a citizen or permanent resident identity card must obtain a replacement identity card no later than age 25. Applicants aged 18 to 25 attend an NRD counter with the required documents.

Retired police and military — Regulation 15. Must apply for the relevant identity card within 30 days of ending service. No fee.

7. Who may hold your IC

Short version: almost nobody.

Reporting states that no unauthorised persons, including security guards, may retain another person's MyKad, and that only those authorised by JPN — such as police and immigration officers — may do so.

Misusing another person's MyKad is separately unlawful under Regulation 25, with reported penalties of a fine from RM3,000 up to RM20,000 and imprisonment up to three years, and both in serious cases. JPN has flagged rising misuse in the context of targeted fuel subsidies, with people using a spouse's, child's or friend's card to access subsidised RON95 and diesel, and has announced integrated operations at petrol stations.

Never lend your MyKad. For who may hold it and what to do when a guard demands it, see the companion article (Security wants to keep your MyKad. JPN says they can't — and scanning it may be worse.).

What to actually do

Every day:

• Carry the physical card. Not a photocopy, and do not assume a digital version will be accepted.
• If you are stopped and do not have it, be polite and cooperative, and give your details accurately. Discretion is common but not guaranteed.

If you lose it: 1. Make a police report — compulsory if a crime was involved, and compulsory for second and subsequent negligent losses. Be truthful about how it was lost. 2. Start the application at jpn.gov.my if no change of photo or particulars, then attend an NRD office. 3. Bring the report, identity documents and proof of address. 4. Pay RM110 / RM310 / RM1,010 depending on how many times you have lost it. 5. Check whether you qualify for a waiver — crime victim, disaster victim, OKU, 60 and above, under 18. 6. Collect in person.

If you have moved: - Update within 14 days of moving somewhere you will stay 90 days or more. RM10 for citizens.

If you are overseas and lose it:

• Report to the local police and get a copy of that report.
• Contact the nearest Malaysian embassy or high commission — they handle travel documents and can advise on returning.
• Your MyKad is replaced in Malaysia, in person, because photograph and thumbprints are captured on site. Expect to apply on return.
• We could not verify any overseas MyKad replacement facility and are not going to imply one exists. Ask the mission.

If you are charged with failing to produce:

• Get advice before pleading. Bar Council Legal Aid Centres: malaysianbar.org.my.
• Note the Sibu outcome: a fine unpaid became imprisonment. If a fine is imposed, sort out payment.