What is a good behaviour bond under section 294 of the Criminal Procedure Code in Malaysia?

For many first-time offenders, the biggest question is not the fine or sentence but whether there is a way to avoid prison and limit the long-term impact. A good behaviour bond under section 294 of the Criminal Procedure Code is one option the court may consider in suitable cases.

What does section 294 say?

In summary, section 294(1) provides that when a person has been convicted of an offence, the court may, having regard to:

• the offender's character, antecedents, age, health or mental condition;
• the trivial nature of the offence; or
• any extenuating circumstances under which it was committed,

decide it is expedient to release the offender on probation of good conduct. Instead of sentencing at once, the court may direct that the offender be released on entering into a bond, with or without sureties, for such period as the court directs, to appear and receive judgment if called upon, and meanwhile to keep the peace and be of good behaviour.

The court may also order the offender to pay the costs of the prosecution or part of them (section 294(2)).

When does it not apply?

Section 294(6) provides that the section does not apply if the offender is charged with:

• a serious offence; or
• the commission of an act of domestic violence as defined in the Domestic Violence Act 1994.

What conditions can be attached?

Under section 294A, the court may include conditions in the bond, such as:

• supervision by a named person for a specified period;
• conditions to secure that supervision;
• conditions about residence, employment and other matters the court considers appropriate.

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What happens if the bond is breached?

If the court is satisfied on information on oath that the offender has failed to observe the bond's conditions, it may issue a warrant for the offender's arrest (section 294(3)). The offender can then be brought back to court to be sentenced for the original offence. The bond amount may also be forfeited.

How is this different from section 173A?

• Section 294 applies after conviction. The conviction stands, but sentence is deferred on the bond.
• Section 173A allows the court, where the charge is proved, to make an order without proceeding to record a conviction, either dismissing the charge after an admonition or caution, or discharging the offender on a bond of good behaviour for up to three years.

Which is appropriate depends on the offence and circumstances. Your lawyer can argue for the most suitable option. See first-time shoplifting.

How do I prepare a good mitigation?

• Character references from employers, teachers, religious or community leaders.
• Evidence of remorse and restitution, for example compensation paid.
• Medical or counselling reports if relevant.
• Information about work, studies and family responsibilities.

Everything put before the court must be true and accurate. Misleading the court in mitigation is serious and can backfire.

Common mistakes

• Assuming a bond is automatic for first offenders.
• Treating the bond as "no consequence" and breaching its conditions.
• Submitting exaggerated or false mitigation documents.
• Not asking your lawyer to consider section 173A as well.

When to speak to a lawyer

Before you plead guilty or are sentenced, so the right option can be argued. You can contact us; every case depends on its facts.

Frequently asked questions

Is a conviction recorded under section 294?

Section 294 applies after conviction. If you want to avoid a recorded conviction, ask your lawyer about section 173A.

How long does the bond last?

The court sets the period in its order.

Do I need a surety?

The court decides whether the bond is with or without sureties.

Can I travel while on a bond?

It depends on the conditions. Check with your lawyer before travelling.

What does "serious offence" mean for section 294?

It is a legal term. Your lawyer can advise whether your charge falls within it.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
2. Registration of Criminals and Undesirable Persons Act 1969 (Act 7), AGC Laws of Malaysia
3. Domestic Violence Act 1994 (Act 521), as amended by Act A1538 (2017), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026