UPNM bullying incident: Legal action possible against perpetrator and university - Lawyer
Lawyer Noorazmir Zakaria said that the victim could claim general damages, including exemplary damages, with the amount determined by the judge.
SHAH ALAM – A student from the Universiti Pertahanan Nasional Malaysia (UPNM) who was bullied with an iron pressed against his chest could have filed a civil suit against the perpetrator and the university to seek damages, in addition to taking police action under criminal law.
Lawyer Noorazmir Zakaria said that the victim could claim general damages, including exemplary damages, with the amount determined by the judge.
"A civil suit against the university could also be filed on grounds of tort (a civil wrong) for negligence.
"The court would consider the injuries and the impact the victim endured, both physically and mentally, when determining the amount of damages," he told Sinar.
Noorazmir stressed that the value of damages awarded is typically decided by the court to serve as a lesson to the perpetrator and the public to prevent similar actions.
"In addition, in the civil claim against the perpetrator, the victim could also seek an injunction to prevent the perpetrator from repeating the bullying behaviour in the future," he added.
Commenting on the police investigation under Section 324 of the Penal Code, Noorazmir stated that if found guilty, the perpetrator could face imprisonment for up to 10 years, a fine, whipping, or any combination of these penalties.
Noorazmir described that Section 324 of the Penal Code pertains to the criminal offence of intentionally causing injury using a dangerous weapon.
