Charged over a forged passport, visa or pass endorsement in Malaysia. What must the prosecution prove?

At the airport, an immigration officer looks at your passport for a long time, then takes you aside. The visa sticker or entry stamp is said to be fake. You paid an agent to arrange it. Now you face a charge. Document offences are taken seriously, and some carry mandatory imprisonment.

The main offences

Making, forging or altering (section 55D)

Under section 55D of the Immigration Act 1959/63, any person who makes, forges or alters an endorsement or a document to be used as a visa, permit, pass or certificate under the Act commits an offence. The section provides for a minimum fine, mandatory imprisonment with a minimum term, and whipping. It is aimed at those who produce or tamper with documents.

Using or possessing forged documents and related offences (section 56(1))

Section 56(1) makes it an offence to, among other things:

• use an entry permit, pass or certificate issued to another person as if it were your own (s.56(1)(j));
• give, sell or part with a pass so that someone else can use it (s.56(1)(i));
• obtain or attempt to obtain a pass by making a false statement (s.56(1)(k));
• use, or possess without lawful authority, a forged, unlawfully altered or irregular pass or document, or one on which an endorsement has been forged or altered (s.56(1)(l)).

These carry a fine, imprisonment or both. Check the exact range against the current text of the Act for your charge.

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Other laws

Depending on the facts, charges may also be brought for forgery and using a forged document as genuine under the Penal Code, or under passport legislation. The elements and penalties differ, so the exact section in the charge sheet matters.

What the prosecution must prove

The prosecution must prove each element of the specific charge beyond reasonable doubt. Common issues include:

• Is the document actually forged or altered? This usually needs evidence from the Immigration Department or a document examiner.
• Who made or altered it? Section 55D targets the maker; a traveller who did not make the document is more often charged with use or possession.
• Did the accused know? Where the charge involves using a forged document, the accused's knowledge is often central. An accused who honestly relied on an agent may have a defence or mitigation, depending on the facts.
• Possession: was the document in the accused's possession or control?

If you were brought into Malaysia by traffickers, section 25 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 provides that a trafficked person is not liable to prosecution for illegal entry, unlawful residence, or fraudulent travel documents obtained or supplied for entry, where these are the direct consequence of trafficking. Tell your lawyer if this may apply.

What should I do first?

1. Ask for an interpreter and do not sign statements you do not understand.
2. Contact your embassy and a lawyer.
3. Keep evidence about the agent: name, phone number, chats, payment receipts.
4. Ask about bail.
5. Do not plead guilty before understanding the charge and the possible sentence.

Example

A traveller pays an agent for a work visa. At the airport, the endorsement is found to be forged. She is charged with using a forged endorsement. Her lawyer produces the agent's messages and payment records and challenges whether she knew it was forged.

Common mistakes

• Destroying chats with the agent out of fear.
• Admitting knowledge in a statement without legal advice.
• Assuming all document charges carry the same penalty.
• Not checking which section the charge is under.

When to speak to a lawyer

Speak to a lawyer immediately after arrest, and before any statement or plea, because some of these offences carry mandatory imprisonment. See our criminal defence page; you can also contact us.

Frequently asked questions

I did not know the visa was fake. Is that a defence?

It can be relevant, depending on the charge and the evidence. Keep all records of the agent.

Can the charge be reduced?

In some cases, the defence may make representations to the prosecution for a different or lesser charge. This depends on the facts.

Will I be deported?

A foreign national convicted of such an offence is usually removed from Malaysia after serving the sentence.

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. Immigration Act 1959/63 (Act 155), AGC Laws of Malaysia
2. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
3. Immigration Department of Malaysia: Enforcement
4. Criminal Procedure Code (Act 593), Attorney General's Chambers Laws of Malaysia
5. Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670), AGC Laws of Malaysia

Fact-checked on 18 Oct 2026