This article is based on public news reports up to 1 November 2026. The case is still before the courts and the three accused have pleaded not guilty, so we do not comment on the evidence or on who is right. We do not name the accused or the victim.
In May 2026, CCTV footage of a man being attacked at a bak kut teh restaurant in Kepong, Kuala Lumpur, spread widely online, and three men were later charged in court. Many people asked what "grievous hurt" means, why the accused were held without bail, and what the victim can do. This article explains the law in plain terms.
Key Takeaways
- The three accused are charged under Section 326 of the Penal Code, read with Section 34: voluntarily causing grievous hurt by dangerous weapons or means, with common intention.
- The maximum penalty is 20 years' jail, and the court may also impose a fine or whipping.
- Section 326 is a non-bailable offence, so bail is at the court's discretion. One accused was later granted bail by the High Court on strict conditions.
- Being drunk is generally not a defence to a charge of hurting someone.
- Apart from the criminal case, the victim may seek compensation through the criminal court if there is a conviction, or file a separate civil claim.
What happened
According to news reports, at about 2am on 7 May 2026 a customer eating alone at a bak kut teh restaurant on Jalan Kepong was attacked by a group of men at a nearby table, allegedly after he glanced at them. Police said the men were believed to have been drinking. The victim said he did not provoke them. He suffered injuries to his head, face, neck and back that needed stitches, and has been seeing several specialists since.
How the case has moved through the courts
- Around 11 May 2026: police arrested three men.
- 14 May 2026: the three were charged in the Kuala Lumpur Sessions Court. They pleaded not guilty and the court refused bail.
- August 2026: the Sessions Court ordered the first accused to undergo a psychiatric assessment at Hospital Bahagia Ulu Kinta. The High Court refused a bail application by the third accused.
- 2 September 2026: the second accused sent a representation to the Attorney-General's Chambers asking for a lighter charge. It was still under review at the 17 September mention.
- 23 September 2026: the High Court granted the second accused bail of RM20,000 with one surety, on conditions.
- October 2026: news reports said the first accused had been found fit to stand trial.
Hurt and grievous hurt
Under Section 319 of the Penal Code, "hurt" means causing bodily pain, disease or infirmity. Section 320 sets out the kinds of hurt that count as "grievous", such as a fracture or dislocation of a bone, permanent loss of sight or hearing, permanent disfigurement of the head or face, and hurt that endangers life or causes severe pain for a prolonged period. Whether an injury is grievous is decided on the medical evidence.
Why the charge is Section 326
The Penal Code grades offences of hurt by how serious the injury is and whether a weapon or dangerous means was used. Section 326 is the most serious of these: grievous hurt caused by a dangerous weapon or means, with a maximum of 20 years' jail plus a fine or whipping. The reports do not say what weapon or means is alleged; that will be a matter for the evidence at trial.
Three accused, one charge: common intention
The charge is read with Section 34 of the Penal Code. Where several people do a criminal act together in furtherance of a common intention, each of them is liable as if he had done it alone. The prosecution must still prove that common intention, and each person's actual role remains relevant at sentencing.
Is being drunk a defence?
Under Sections 85 and 86 of the Penal Code, intoxication is generally not a defence. It may only matter in narrow situations, for example where the person was made drunk without his consent, or was so intoxicated that he could not form a particular intention the offence requires. On the other side, a person who is attacked has a right of private defence under Sections 96 to 106 to protect himself, within reasonable limits.
Why bail was refused, and later granted to one accused
Section 326 is a non-bailable offence. That does not mean bail can never be given; it means bail is at the court's discretion under Section 388 of the Criminal Procedure Code. The court looks at factors such as the seriousness of the offence, the risk of the accused absconding, and the risk of interference with the victim or witnesses. An accused who is refused bail in the Sessions Court may apply again to the High Court, which can grant bail on conditions.
Psychiatric assessment and representations
Under Section 342 of the Criminal Procedure Code, the court may send an accused for observation at a psychiatric hospital to find out whether he is of sound mind and able to make his defence. Separately, an accused may write to the Attorney-General's Chambers asking for a charge to be reviewed or reduced. Under Article 145(3) of the Federal Constitution, the Public Prosecutor alone decides whether to accept such a representation.
What the victim can do
The criminal case is brought by the Public Prosecutor, not by the victim, but the victim can still take part. He may have a lawyer hold a watching brief, and before sentencing he may give a victim impact statement under Section 183A of the Criminal Procedure Code. If the accused is convicted, the court may order compensation under Section 426. The victim may also file a separate civil claim for assault and battery to recover medical costs, lost income and damages for pain and suffering, generally within six years.
Conclusion & Legal Support
Every accused person is presumed innocent until proven guilty, and the court will decide this case on the evidence. If you have been injured in an assault, or have been charged with an offence, it helps to get legal advice early on your rights, bail and any claim for compensation. Schedule a 1-on-1 Legal Consultation.
This article gives general information only and is not legal advice.
References
News reports
- Malay Mail (14 May 2026): the victim's account
- China Press (11 May 2026): police confirm arrests
- Free Malaysia Today (14 May 2026): three men charged, bail refused
- Utusan Malaysia (May 2026): charge under s326 read with s34
- Oriental Daily (17 August 2026): psychiatric assessment ordered
- New Straits Times (August 2026): High Court refuses bail to one accused
- Oriental Daily (17 September 2026): representation to the AGC
- Free Malaysia Today (23 September 2026): one accused granted bail
- New Straits Times (October 2026): accused found fit to stand trial
Legislation
- Penal Code: Sections 34, 85, 86, 96–106, 319, 320 and 323–326
- Criminal Procedure Code: Sections 183A, 342, 387–389 and 426
- Federal Constitution: Article 145(3)
- Limitation Act 1953: Section 6