Holding ‘wild’ parties in private premises no offence, say lawyers
V Anbalagan
-December 26, 2018 3:30 PM
A lawyer says no offence is committed under the penal law if the partygoers are intoxicated with alcohol or dancing away in scantily dressed attire within the four walls of private premises. (Facebook pic)PETALING JAYA: Organising a “wild party” in a private home is not an offence under the Penal Code unless it causes a public nuisance and there is a complaint, lawyers said.
They said police could, however, arrest people at such functions for committing seizable offences such as consuming, possessing or trafficking in drugs.
Lawyer SN Nair said there was no legal definition as to what constituted a wild party.
He said police could disrupt such parties although one might not run foul of the law for holding a wild party in a private home.
Nair said police could then detain suspects to conduct urine tests if they had reason to believe someone at the party was taking drugs, had possession of drugs or was trafficking in drugs.
“I don’t think any offence is committed under the penal law if the partygoers are intoxicated with alcohol or dancing away in scantily dressed attire within the four walls of private premises,” he told FMT.
He said the management of an apartment could call on the police to assist recalcitrant owners if partygoers in the premises breach public peace and tranquillity.
Nair was responding to the arrest of 19 people, including an actress, during a raid at a “wild party” at a luxury condominium unit in Bukit Ceylon in Kuala Lumpur on Dec 19.
Dang Wangi deputy police chief Rudy Abdullah said 11 men and eight women, aged between 21 and 50, were detained in the raid and that all but one were released on police bail on Monday.
A man was charged with trafficking under Section 39(B) of the Dangerous Drugs Act which upon conviction carries the death penalty.
Eleven of those detained tested positive for drugs at the party. believed to have been sponsored by a 28-year-old businessman with the “Datuk” title.
Lawyer Salim Bashir said the police and local government authorities could act if a private party was the source of public nuisance.
He said Section 290 of the Penal Code only prescribed a fine of up to RM400 for the offence, adding that the authorities hardly ever used this provision.
Salim said state Islamic religious authorities could act against Muslims at such parties for violating shariah laws but the power to arrest and detain suspects was still with the police.
