JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

Introduction

[1] The present and relatively straightforward challenge takes the form of a constitutional reference. The appellant argues that s 498 of the Penal Code ('PC') is unconstitutional on the ground that it unfairly discriminates against women in violation of cls (1) and (2) of art 8 of the Federal Constitution ('FC').

[2] In terms of the brief facts, the appellant was charged with an offence under s 498 of the PC in the Magistrate's Court. In the course of the proceedings, he sought to challenge the constitutionality of the said section. The matter was then transmitted to the High Court in Shah Alam and then further transmitted to the Federal Court. This happened consecutively in accordance with ss 30 and 84 of the Courts of Judicature Act 1964 ('CJA 1964').

[3] In this regard, the sole constitutional question posed in this reference reads as follows:

"Whether s 498 of the Penal Code is unconstitutional as it violates the fundamental principle of equality governed under art 8(1) and 8(2) of the Federal Constitution?"

[4] For ease of reference, and unless otherwise stated specifically, any reference in this judgment to 'Articles' shall be taken to mean references to the FC whereas any mention of s 498 shall be construed to mean s 498 of the PC.

[5] Given the line of argument advanced in this case and the nature of the law under scrutiny, two major issues arise for our determination: