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LAWS OF MALAYSIA
REPRINT
Act 593
CRIMINAL PROCEDURE CODE
Incorporating all amendments up to 1 January 2006 PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
CRIMINAL PROCEDURE CODE
First enacted ... ... ... ... ... ... ... 1935 (F.M.S. Cap. 6) Revised ... ... ... ... ... ... ... 1999 (Act 593 w.e.f. 4 April 1999)
PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2002
3
LAWS OF MALAYSIA
Act 593
CRIMINAL PROCEDURE CODE
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
CHAPTER I
Section
1. Short title
2. Interpretation
3. Trial of offences under Penal Code and other laws
4. Saving of powers of High Court
5. Laws of England, when applicable PART II
PROVISIONS AS TO CRIMINAL COURTS
CHAPTER II
CRIMINAL COURTS IN GENERAL
6. Courts
7. Courts to be open
8. (Deleted)
9. Criminal jurisdiction of Magistrates
10. Offences committed within seven miles of the boundary of a State 4 Laws of Malaysia ACT 593
PART III
GENERAL PROVISIONS
CHAPTER III
AID AND INFORMATION TO MAGISTRATES AND
POLICE AND PERSONS MAKING ARRESTS
Section
11. Public, when to assist Magistrates, Justices of the Peace and police
12. Aid to persons other than police officer executing warrant
13. Public to give information of certain matters
14. Police officer bound to report certain matters CHAPTER IV
ARREST, ESCAPE AND RE-TAKING
15. Arrest, how made
16. Search of place entered by person sought to be arrested
17. Search of persons in place searched under warrant
18. Power to break open any place for purposes of liberation
19. No unnecessary restraint and mode of searching women
20. Search of persons arrested
21. Power to seize offensive weapons
22. Search of person for name and address
23. When police or penghulu may arrest without warrant
24. Refusal to give name and residence
25. How person arrested by penghulu is to be dealt with
26. Pursuit of offenders
27. Arrest by private persons and procedure in such cases
28. How person arrested is to be dealt with and detention for more than twenty- four hours
29. Release of person arrested
30. Offence committed in Magistrate's presence
31. Arrest by or in presence of Magistrate
32. Power on escape to pursue and re-take
33. Sections 16 and 18 to apply to arrests under section 32 5Criminal Procedure Code
CHAPTER V
PROCESSES TO COMPEL APPEARANCE
Summons
Section
34. Form of summons and service
35. Summons how served
36. Procedure when personal service cannot be effected
37. Proof of service 37A. (Deleted)
Warrant of Arrest
38. Form of warrant of arrest
39. Court may direct by indorsement on warrant security to be taken
40. Warrants, to whom directed
41. Notification of substance of warrant
42. Person arrested to be brought before Court without delay
43. Procedure on arrest of person against whom warrant is issued Proclamation and Attachment
44. Proclamation for person absconding
45. Attachment of property of person proclaimed
46. Restoration of attached property Other Rules Regarding Summonses to Appear and
Warrants of Arrest
47. Issue of warrant in lieu of or in addition to summons
48. Summonses to appear and warrants of arrest may be executed in any part of Malaysia
49. Power to take bond for appearance
50. Arrest on breach of bond for appearance 6 Laws of Malaysia ACT 593
CHAPTER VI
PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS
AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY
OF PERSONS WRONGFULLY CONFINED
Section
51. Summons to produce document or other things
52. Procedure as to postal article, etc.
53. Sections 34 to 37 to apply Search Warrants
54. When search warrant may be issued
55. Power to restrict search warrant
56. Magistrate may issue warrant authorizing search for evidence of offence
57. Form of search warrant
58. Search for persons wrongfully confined
59. Persons in charge of closed places to allow search
60. Magistrate issuing search warrant may attend at its execution
61. Magistrate may direct search in his presence
62. Search without warrant 62A. Forfeiture of counterfeit coin
62B. Forfeiture of counterfeit currency
63. Summary search
64. List of all things seized to be made and signed
65. Occupant to be present at search PART IV
PREVENTION OF OFFENCES
CHAPTER VII
SECURITY FOR KEEPING THE PEACE
AND FOR GOOD BEHAVIOUR
66. Security for keeping the peace on conviction 66A. Security for keeping the peace by complainant
67. Security for keeping the peace in other cases 7Criminal Procedure Code
68. Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter
69. Security for good behaviour from habitual offenders
70. Summons or warrant if required
71. Form of summons or warrant
72. Power to dispense with personal attendance
73. Inquiry to be held
74. Order to give security
75. Discharge of person informed against Proceedings in All Cases Subsequent to
Order to Furnish Security
76. Commencement of period for which security is required
77. Contents of bond
78. Power to reject sureties
79. Imprisonment in default of security
80. Power to release person imprisoned for failing to give security
81. Magistrate to report in cases in which the security has been ordered by the High Court
82. Discharge of sureties CHAPTER VIII
UNLAWFUL ASSEMBLIES
83. Who may order unlawful assembly to disperse
84. Forcible dispersal of unlawful assemblies 8587. (Deleted)
88. Protection against prosecution CHAPTER IX
PUBLIC NUISANCES
89. Magistrate may make conditional order for removal of nuisance
90. Order to be served or notified
91. Person against whom order is made to obey or appear and show cause Section
8 Laws of Malaysia ACT 593
92. Consequence of his failing to do so
93. Procedure on appearance to show cause
94. Procedure on order being made absolute
95. Consequence of disobedience to order
96. Injunction pending final decision
97. Power to prohibit repetition or continuance of public nuisance CHAPTER X
TEMPORARY ORDERS IN URGENT CASES OF NUISANCE
98. Power to issue order absolute at once in urgent cases of nuisance CHAPTER XI
DISPUTES AS TO IMMOVABLE PROPERTY
99. Procedure where dispute concerning land, etc., is likely to cause breach of peace
100. Power to attach subject of dispute
101. Disputes concerning rights over land or water
102. Order as to costs CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
103. Police to prevent seizable offences
104. Information of design to commit seizable offences
105. Arrest to prevent seizable offences
106. Prevention of injury to public property PART V
INFORMATION TO POLICE AND THEIR POWERS
TO INVESTIGATE
CHAPTER XIII
107. Information of offences
108. Procedure in non-seizable cases Section
9Criminal Procedure Code
108A. Admission of certified copy of information as evidence
109. Investigation in seizable cases
110. Procedure where seizable offence suspected
111. Police officer's power to require attendance of witnesses
112. Examination of witnesses by police
113. Admission of statements in evidence
114. No discouragement from making statement to police
115. Power to record statements and confessions
116. Search by police officer
117. Procedurewhereinvestigationcannotbecompletedwithintwenty-fourhours
118. Police officer may require bond for appearance of complainant and witnesses
119. Diary of proceedings in investigation
120. Report of police officer PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XIV
JURISDICTION OF CRIMINAL COURTS IN INQUIRIES
AND TRIALS
121. Ordinary place of inquiry and trial
122. Accused triable in place where act is done or where consequence ensues
123. Place of trial where act is an offence by reason of relation to other offence
124. Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable
125. Where scene of offence is uncertain, etc.
126. Offence committed on a journey
127. When doubt arises High Court to decide 127A. Liability for offences committed out of Malaysia 127B. Power to direct copies of depositions and exhibits to be received in evidence Conditions Requisite for Initiation of Proceedings
128. Cognizance of offences by Magistrates
129. Sanction required for prosecution for certain offences Section
10 Laws of Malaysia ACT 593
130. Where complaint by Public Prosecutor is necessary
131. Where complaint by person aggrieved
132. Where complaint by husband CHAPTER XV
COMPLAINTS TO MAGISTRATES
133. Examination of complainant
134. Postponement of issue of process
135. Dismissal of complaint CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE
A MAGISTRATE'S COURT
136. Issue of process
137. Personal attendance of accused may be dispensed with CHAPTER XVII
PRELIMINARY INQUIRIES INTO CASES TRIABLE
BY THE HIGH COURT
138151. (Deleted)
CHAPTER XVIIA
SPECIAL PROCEDURE RELATING TO COMMITAL IN CASES
TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS
LEGALLY REPRESENTED
151A151B. (Deleted)
CHAPTER XVIII
THE CHARGE
152. Form of charge
153. Particulars as to time, place and person
154. When manner of committing offence must be stated Section
11Criminal Procedure Code
155. Sense of words used in charge to describe offence
156. Effect of errors
157. (Deleted)
158. Court may alter or add to charge
159. When trial may proceed immediately after alteration or addition
160. When new trial may be directed or trial suspended
161. Stay of proceedings if prosecution of offence in altered charge requires previous sanction
162. Recall of witnesses when charge altered
163. Separate charges for distinct offences
164. Three offences of same kind within twelve months may be charged together
165. Trial for more than one offence
166. Where it is doubtful what offence has been committed
167. When a person charged with one offence can be convicted of another
168. Person charged with an offence can be convicted of the attempt
169. When offence proved is included in offence charged
170. When persons may be charged jointly
171. Withdrawal of remaining charges on conviction on one of several charges 171A. Outstanding offences
172. Charges to be in forms in Second Schedule CHAPTER XIX
SUMMARY TRIALS BY MAGISTRATES
173. Procedure in summary trials 173A. Power to discharge conditionally or unconditionally
174. Addresses
175. Power to award compensation
176. Particulars to be recorded
177. Transfer of cases 177A. Transmission of case to, and trial by, the High Court Section
12 Laws of Malaysia ACT 593
CHAPTER XX
TRIALS BEFORE THE HIGH COURT
Section
178. Commencement of trial
179. Opening case for prosecution
180. Procedure after conclusion of case for prosecution
181. Defence
182. Reply 182A. Procedure at the conclusion of the trial
183. Sentence CHAPTER XXI
TRIALS BEFORE THE HIGH COURT WITH THE
AID OF ASSESSORS
183A199. (Deleted)
CHAPTER XXII
TRIALS BY JURY BEFORE THE HIGH COURT
199A235. (Deleted)
CHAPTER XXIII
JURORS AND ASSESSORS
235A251. (Deleted)
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
252252A. (Deleted)
253. Procedure where there are previous convictions
254. Public Prosecutor may decline to prosecute further at any stage
255. Right of accused to be defended
256. Court may put questions to accused 13Criminal Procedure Code
257. Case for prosecution to be explained by Court to undefended accused
258. Procedure where accused does not understand proceedings
259. Power to postpone or adjourn proceedings
260. Compounding offences
261. Change of Magistrate during hearing
262. Detention of offenders attending in Court
263. Weekly or public holiday CHAPTER XXV
MODE OF TAKING AND RECORDING EVIDENCE IN
INQUIRIES AND TRIALS
264. Evidence to be taken in presence of accused
265. Manner of recording evidence
266. Recording evidence in summons cases
267. Recording evidence in other cases
268. Record to be in narrative form
269. Reading over evidence and correction
270. Interpretation of evidence to accused
271. Remarks as to demeanour of witness
272. Judge to take notes of evidence 272A. Other persons may be authorized to take down notes of evidence CHAPTER XXVI
JUDGMENT
273. Mode of delivering judgment
274. (Deleted)
275. Sentence of death not to be passed on pregnant woman
276. Judgment in the alternative
277. Judgment of death
278. Judgment not to be altered
279. Judgment to be explained to accused and copy supplied
280. Judgment to be filed with record Section
14 Laws of Malaysia ACT 593
CHAPTER XXVII
SENTENCES AND THE CARRYING OUT OF IT
Section
281. Provisions as to execution of sentences of death
282. Provisions as to execution of sentences of imprisonment
283. Provisions as to sentences of fine
284. Suspension of execution in certain cases
285. Warrant by whom issuable
286. Place for executing sentence of whipping
287. Time of executing such sentence
288. Mode of executing such sentence
289. Sentence of whipping forbidden in certain cases
290. Medical Officer's certificate required
291. Procedure if whipping cannot be inflicted
292. Commencementofsentenceofimprisonmentonprisoneralreadyundergoing imprisonment
293. Youthful offenders
294. First offenders 294A. Conditions of bonds
295. Sentence of police supervision
296. Obligations of persons subject to supervision
297. Penalty for non-compliance with section 296
298. Application of law to orders for police supervision made outside the Malay States
299. Return of warrant CHAPTER XXVIII
SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF
SENTENCES
300. Power to suspend or remit sentence
301. Power to commute punishment 15Criminal Procedure Code
CHAPTER XXIX
PREVIOUS ACQUITTALS OR CONVICTIONS
Section
302. Person once convicted or acquitted not to be tried again for same offence
303. Plea of previous acquittal or conviction PART VII
APPEAL AND REVISION
CHAPTER XXX
APPEALS TO THE HIGH COURT
303A. Appeals from Sessions Courts
304. Cases in which no appeal lies
305. When plea of guilty limited right of appeal
306. Appeal against acquittal
307. Procedure for appeal
308. Transmission of appeal record
309. (Deleted)
310. Appeal specially allowed in certain cases
311. Stay of execution pending appeal
312. Setting down appeal on list
313. Procedure at hearing
314. Non-appearance of respondent
315. Arrest of respondent in certain cases
316. Decision on appeal
317. Order to take further evidence
318. Judgment
319. Certificate and consequence of judgment
320. Death of parties to appeal
321. (Deleted)
322. Costs 16 Laws of Malaysia ACT 593
CHAPTER XXXI
REVISION
Section
323. Power to call for records of subordinate Courts
324. Power to order further inquiry
325. Powers of Judge on revision
326. Permission for parties to appear
327. Orders on revision PART VIII
SPECIAL PROCEEDINGS
CHAPTER XXXII
INQUIRIES OF DEATH
328. Meaning of "cause of death"
329. Duty of police officer to investigate death
330. Duty of officer to arrange for post-mortem examination in certain cases
331. Post-mortem examination of body
332. Report of Government Medical Officer
333. Duty of Magistrate on receipt of report
334. Inquiry into cause of death of a person in custody of police or in any asylum
335. Powers of Magistrate
336. Magistrate may view body
337. Inquiries to be made by Magistrate
338. Evidence and finding to be recorded
339. Power of Public Prosecutor to require inquiry to be held
340. Admissibility of medical report in certain cases
341. Custody of proceedings 341A. Power to revise
CHAPTER XXXIII
PERSONS OF UNSOUND MIND
342. Procedure where accused is suspected to be of unsound mind
343. Certificate of Medical Superintendent 17Criminal Procedure Code
344. Release of person of unsound mind pending investigation or trial
345. Resumption of trial
346. (Deleted)
347. Judgment of acquittal on ground of mental disorder
348. Safe custody of person acquitted
349. Procedure where prisoner of unsound mind is reported able to make his defence
350. Procedure where person of unsound mind is reported fit for discharge
351. Delivery of person of unsound mind to care of relative
352. Interpretation of "mental hospital" and "visitors" 352A. Modification in the application in this Chapter to Sabah and Sarawak CHAPTER XXXIV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES
AFFECTING THE ADMINISTRATION OF JUSTICE
353. Procedure as to offences committed in Court
354. Record of facts constituting the offence
355. Alternative procedure
356. Power to remit punishment
357. Refusal to give evidence
358. Appeal
359. Magistrate not to try certain offences committed before himself CHAPTER XXXV
MAINTENANCE OF WIVES AND CHILDREN
360364. (Deleted)
CHAPTER XXXVI
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
365. Power of High Court to make certain orders
366. Form of application
367. Affidavit, by whom signed Section
18 Laws of Malaysia ACT 593
368. Copy of warrant
369. DefendantincustodyunderwritofattachmenttobebroughtbeforeCourt
370. Warrant to be prepared
371. Service of warrant
372. Attendance of prisoner in criminal case
373. Duty of officer to whom warrant is addressed
374. Appeal
375. No application to banishment warrant PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXXVII
THE PUBLIC PROSECUTOR
376. Public Prosecutor
377. Conduct of prosecutions in Court
378. No one to appear for Public Prosecutor
379. Employment of advocate
380. Prosecution by private persons 380A. Sections 377 and 380 to prevail over other laws 381386. (Deleted)
CHAPTER XXXVIII
BAIL
387. When person may be released on bail
388. When person accused of non-bailable offence may be released on bail
389. Amount of bond
390. Bond to be executed
391. Person to be released
392. When warrant of arrest may be issued against person bailed
393. Sureties may apply to have bond discharged
394. Appeal Section
19Criminal Procedure Code
CHAPTER XXXIX
SPECIAL PROVISIONS RELATING TO EVIDENCE
Section
395. Procedure where person able to give material evidence is dangerously ill
396. Where person bound to give evidence intends to leave Malaysia
397. Deposition of medical witness
398. (Deleted)
399. Reports of certain persons 399A. Report of Central Bank on currency note or coin
400. How previous conviction or acquittal may be proved
401. Record of evidence in absence of accused
402. (Deleted) 402A. Notice to be given of defence of alibi
CHAPTER XL
PROVISIONS AS TO BONDS
403. Deposit instead of bond
404. Procedure on forfeiture of bond
405. Appeal from orders
406. Power to direct levy of amount due on bond CHAPTER XLI
DISPOSAL OF EXHIBITS AND OF PROPERTY
THE SUBJECT OF OFFENCES
406A. Court shall consider manner of disposal of exhibits
407. Order for disposal of property regarding which offence committed
408. Direction instead of order
409. Payment to innocent person of money found on accused
410. Stay of order
411. Destruction of libellous and other matter
412. Restoration of possession of immovable property
413. Procedure by police on seizure of property 20 Laws of Malaysia ACT 593
414. Procedure where no claim established
415. Procedure where property is perishable or of small value
416. Procedure where owner is absent CHAPTER XLII
TRANSFER OF CRIMINAL CASES
417. High Court's power to transfer cases
418. Application for transfer to be supported by affidavit 418A. Trials by High Court on a certificate by the Public Prosecutor 418B. Cases to which section 418A is applicable
CHAPTER XLIII
IRREGULARITIES IN PROCEEDINGS
419. Proceeding in wrong place, etc.
420. Procedure when confession irregularly taken
421. Omission to frame charge
422. Irregularities not to vitiate proceedings
423. Irregularity in distress CHAPTER XLIV
MISCELLANEOUS
424. Affidavits before whom sworn
425. Power of Court to summon and examine persons
426. Order for payment of costs of prosecution and compensation
427. Payment of expenses of prosecutors and witnesses
428. Rules as to rates of payment
429. (Deleted)
430. Reward for unusual exertion
431. Compensation for family of person killed in arresting
432. Provisions as to money payable as costs or compensation
433. Copies of proceedings
434. (Deleted) Section
21Criminal Procedure Code
435. Power of police to seize property suspected of being stolen
436. Person released on bail to give address for service
437. Power to compel restoration of abducted persons
438. Compensation for giving in charge groundlessly
439. Magistrate not to act where interested
440. Public servants not to bid at sales under this Code
441. When receivers, etc., charged, evidence of other cases allowed
442. When evidence of previous conviction may be given
443. Forms
444. Application of fines FIRST SCHEDULE
TABULAR STATEMENT OF OFFENCES UNDER
THE PENAL CODE
SECOND SCHEDULE
FORMS
Form
1. Summons to an Accused Person
2. Warrant of Arrest
3. Bond and Bail Bond after Arrest under a Warrant
4. Proclamation Requiring the Appearance of a Person Accused
5. Proclamation Requiring the Attendance of a Witness
6. Order of Attachment to Compel the Attendance of a Witness
7. Warrant in the First Instance to Bring up a Witness
8. Warrant to Search after Information of a Particular Offence
9. Warrant to Search Suspected Place of Deposit
10. Bond to Keep the Peace
11. Bond for Good Behaviour
12. Order to Show Cause
13. Summons on Information of a Probable Breach of the Peace
14. Warrant of Commitment on Failure to Find Security to Keep the Peace
15. Warrant of Commitment on Failure to Find Security for Good Behaviour Section
22 Laws of Malaysia ACT 593
16. Warrant to Discharge a Person Imprisoned on Failure to give Security
17. Order for the Removal of Nuisances
18. Notice and Peremptory Order by Magistrate after Order Absolute
19. Injunction to Provide Against Imminent Danger Pending Decision
20. Order of Magistrate Prohibiting the Repetition, etc., of a Nuisance
21. Order of Magistrate to prevent Obstruction, Riot, etc.
22. Order of Magistrate Declaring Party Entitled to Retain Possession of Land, etc., in Dispute
23. Warrant of Attachment in the Case of a Dispute as to the Possession of Land, etc.
24. Order of Magistrate Prohibiting the Doing of Anything on Land or Water
25. Bond to Prosecute or give Evidence
26. Report of Police Investigation
27. Charges (I) Charges with one head
(II) Charges with two or more heads
(III) Charge for Theft after a Previous Conviction
28. Formal Part of Charges Tried Before the High Court
29. Warrant of Commitment on a Sentence of Imprisonment or Fine
30. Warrant of Imprisonment on Failure to Recover Amends by Distress
31. Summons to a Witness
32. (Deleted)
33. Warrant of Commitment under Sentence of Death
34. Warrant of Execution on a Sentence of Death
35. Warrant to Levy a Fine by Distress and Sale
36. Bond to Appear and Receive Judgment
37. Warrant of Commitment in Certain Cases of Contempt when a Fine is Imposed
38. Warrant of Commitment of Witness Refusing to Answer
39. (Deleted)
40. Warrant to Discharge a Person Imprisoned on Failure to give Security
41. Warrant of Attachment to Enforce a Bond
42. Notice to Surety on Breach of a Bond
43. Notice to Surety of Forfeiture of Bond for Good Behaviour Form
23Criminal Procedure Code
44. Warrant of Attachment against a Surety
45. Warrant of Commitment of the Surety of an Accused Person Admitted to Bail
46. Notice to the Principal of Forfeiture of a Bond to Keep the Peace
47. Warrant to Attach the Property of the Principal on Breach of a Bond to Keep the Peace
48. Warrant of Imprisonment on Breach of a Bond to Keep the Peace
49. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour
50. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour
51. Form of Petition of Appeal
52. Form of Warrant
53. Form of Warrant
54. Warrant to Bring up Prisoner to Give Evidence THIRD SCHEDULE
MODIFICATION OF CHAPTER XXXIII FOR SABAH
AND SARAWAK
Form
24 Laws of Malaysia ACT 593
25Criminal Procedure Code
LAWS OF MALAYSIA
Act 593
CRIMINAL PROCEDURE CODE
An Act relating to criminal procedure.
[Throughout Malaysia--
10 January 1976, Act A324]
PART I
PRELIMINARY
CHAPTER I
Short title
1. This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as "this Code".
Interpretation
2. (1) In this Code-- "advocate" has the meaning assigned by section 3 of the Interpretation Acts 1948 and 1967 [Act 388];
"bailable offence" means an offence shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force and "non-bailable offence" means any other offence;
"complaint" means that allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;
26 Laws of Malaysia ACT 593
"Court" means the High Court, a Sessions Court, or a Magistrate's Court of any class, as the context may require;
"diplomatic officer" means an Ambassador, High Commissioner, Minister, Charge d'Affaires, Deputy High Commissioner, Secretary and Attache of a Diplomatic Mission of Malaysia, including a High Commission within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act 1959 [Act 348];
"fine" includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any Court in Malaysia;
"Government Hospital" includes the University Hospital, University of Malaya;
"Government Medical Officer" or "Medical Officer" includes a medical practitioner who has been given by the Director General of Health Malaysia, an authorization in writing under section 34C of the Medical Act 1971 [Act 50] to perform functions specified in that section;
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
"Inspector of Police" means Inspector of Police of any class but does not include a Sub-Inspector;
"judicial proceeding" means any proceeding in the course of which evidence is or may be legally taken;
"local limits of the jurisdiction" of a Magistrate's Court means the limits of the ordinary administrative district in which the Court house is situated;
"Malay States" means the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu; and "Malay State" means any one of these States;
"Medical Superintendent" of a mental hospital includes a Assistant Medical Superintendent;
27Criminal Procedure Code
"non-seizable offence" means an offence for which and "non-seizable case" means a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule;
"offence" means any act or omission made punishable by any law for the time being in force;
"Officer in charge of a Police District" means any police officer appointed as such and, when any officer so appointed is unable through absence, illness or otherwise to perform his duties, means the police officer designated, under the authority of the Inspector General to act for him;
"place" includes a house, building, tent and vessel; "Police District" means any area designated as such under the Police Act 1967 [Act 344], and, unless and until an area is so designated, means any area constituted or recognized as a Police District at the commencement of this Code;
"postal article" shall have the meaning given to the expression by the Postal Services Act 1991 [Act 465];
"Registrar" means the Chief Registrar, Deputy Registrar or any Assistant Registrar of the Federal Court, of the Court of Appeal or of the High Court;
"seizable offence" means an offence for which and "seizable case" means a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule; "summons case" means a case relating to an offence and not being a warrant case;
"warrant case" means a case relating to an offence punishable with death or with imprisonment for a term exceeding six months; "youthful offender" includes any child convicted of an offence punishable by fine or imprisonment who in the absence of legal proof to the contrary is above the age of ten and under the age of sixteen years in the opinion of the Court before which such child is convicted.
28 Laws of Malaysia ACT 593
(2) Words which refer to acts done extend also to illegal omissions. (3) All words and expressions used herein and defined in the Penal Code [Act 574] or the Police Act 1967, and not herein before defined shall be deemed to have the meanings attributed to them by that Code or that Act, as the case may be.
(4) The shoulder notes of this Code shall not affect the construction thereof.
Trial of offences under Penal Code and other laws
3. All offences under the Penal Code shall be inquired into and tried according to the provisions hereinafter contained, and all offences under any other law shall be inquired into and tried according to the same provisions: subject however to any written law for the time being in force regulating the manner or place of inquiring into or trying such offences.
Saving of powers of High Court
4. Nothing in this Code shall be construed as derogating from the powers or jurisdiction of the High Court.
Laws of England, when applicable
5. As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being in force the law relating to criminal procedure for the time being in force in England shall be applied so far as the same shall not conflict or be inconsistent with this Code and can be made auxiliary thereto.
PART II
PROVISIONS AS TO CRIMINAL COURTS
CHAPTER II
CRIMINAL COURTS IN GENERAL
Courts
6. The Courts for the administration of criminal justice in Malaysia shall be those constituted pursuant to the Constitution, or the Courts of Judicature Act 1964 [Act 91], or by the Subordinate Courts Act 1948 [Act 92], or by any other law for the time being in force.
29Criminal Procedure Code
Courts to be open
7. The place in which any criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open and public Court to which the public generally may have access.
8. (Deleted by Act A908). Criminal jurisdiction of Magistrates
9. Subject to the provisions of this Code every Magistrate shall have cognizance of and power and authority to--
(a) hear, try, determine and dispose of in a summary way prosecutions for offences committed wholly or in part within the local jurisdiction of such Magistrate and cognisable by such Magistrate;
(b)--(c) (Deleted by Act A908);
(d) inquire into complaints of offences and summon and examine witnesses touching such offences and summon and apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(e) issue warrants to search or to cause to be searched places wherein any stolen goods or any goods, articles or things with which or in respect of which any offence has been committed are alleged to be kept or concealed, and require persons to furnish security for the peace or for their good behaviour according to law;
(f) hold inquiries of death; and
(g) do all other matters and things which a Magistrate is empowered to do by any written law.
Offences committed within seven miles of the boundary of a State
10. (1) No person charged with an offence alleged to have been committed within any State and within seven miles of the boundary of any other State shall be entitled as of right to be tried within the first mentioned State, but the offence may be taken cognisance of by the nearest Magistrate's Court having jurisdiction, whether 30 Laws of Malaysia ACT 593
that Court be within the first or the second mentioned State; and any lawful process issued, sentence passed or order made on it shall be carried out or enforced in all respects as if the said offence were alleged to have been committed within the ordinary local jurisdiction of that Court:
Provided that nothing contained here shall be deemed to authorize any Magistrate's Court to take cognizance of an offence alleged to have been committed beyond its ordinary local jurisdiction unless that Court be the nearest Court to the place where the offence is alleged to have been committed.
(2) If the law applicable differs in the two States the law to be applied shall be that of the State in which the offence is alleged to have been committed.
(3) No proceedings had under this section or consequent upon it shall be invalidated by reason of a wrong computation of distance.
PART III
GENERAL PROVISIONS
CHAPTER III
AID AND INFORMATION TO MAGISTRATES AND
POLICE AND PERSONS MAKING ARRESTS
Public, when to assist Magistrates, Justices of the Peace and police
11. Every person is bound to assist a Magistrate, Justice of the Peace, police officer or penghulu reasonably demanding his aid-- (a) in the taking or preventing the escape of any other person whom the Magistrate, Justice of the Peace, police officer or penghulu is authorized to arrest;
(b) in the prevention of a breach of the peace or of any injury attempted to be committed to any railway, tramway, canal, dock, wharf, telegraph and public property; or
(c) in the suppression of a riot or affray.
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Aid to persons other than police officer executing warrant
12. When a warrant is directed to a person other than a police officer any other person may aid in the execution of the warrant if the person to whom the warrant is directed is near at hand and acting in the execution of his warrant.
Public to give information of certain matters
13. (1) Every person aware-- (a) of the commission of or the intention of any other person to commit any offence punishable under the following sections of the Penal Code: 121, 121A, 121B, 121C, 122, 123, 124, 125, 126, 130, 143, 144, 145, 147, 148, 302, 304, 307, 308, 363, 364, 365, 366, 367, 368, 369, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, and 460; or
(b) of any sudden or unnatural death or death by violence or of any death under suspicious circumstances, or of the body of any person being found dead without its being known how that person came by death,
shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer or the nearest penghulu of the commission or intention or of the sudden, unnatural or violent death or of the finding of the dead body, as the case may be.
(2) If any person discovers any dead body and he has reason to believe that the deceased met with his death through an unlawful act or omission he shall not remove or in any way alter the position of the body except so far as is necessary for its safety. Police officer bound to report certain matters
14. Every police officer and every penghulu shall forthwith communicate to the nearest Magistrate or police officer not below the rank of Inspector any information which he may have or obtain respecting--
(a) the occurrence of any sudden or unnatural death or of any death under suspicious circumstances; or
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(b) the finding of the dead body of any person without its being known how the person came by his death.
CHAPTER IV
ARREST, ESCAPE AND RE-TAKING
Arrest, how made
15. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.
(2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest such officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
Search of place entered by person sought to be arrested
16. (1) If any person under a warrant of arrest or any police officer or penghulu having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place the person residing in or in charge of the place shall, on demand of the person so acting or the police officer or penghulu, allow him free ingress to the place and afford all reasonable facilities for a search in it.
(2) If ingress to that place cannot be obtained under subsection (1) it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape for a police officer or penghulu to enter the place and search in it, and in order to effect an entrance into the place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance. 33Criminal Procedure Code
Search of persons in place searched under warrant
17. Whenever a search for anything is or is about to be lawfully made in any place in respect of any offence all persons found therein may be lawfully detained until the search is completed, and they may, if the thing sought is in its nature capable of being concealed upon the person, be searched for it by or in the presence of a Magistrate or Justice of the Peace or a police officer not below the rank of Inspector.
Power to break open any place for purposes of liberation
18. Any police officer or other person authorized to make an arrest may break open any place in order to liberate himself or any other person who having lawfully entered for the purpose of making an arrest is detained therein.
No unnecessary restraint and mode of searching women
19. (1) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
(2) Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
Search of persons arrested
20. Whenever a person is arrested-- (a) by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b) without warrant or by a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom such private person hands over the person arrested may search such person and place in safe custody all articles other than necessary wearing apparel found upon him, and any of those articles which there is reason to believe were the instruments or the fruits or other evidence of the crime may be detained until his discharge or acquittal. 34 Laws of Malaysia ACT 593
Power to seize offensive weapons
21. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.
Search of person for name and address
22. Every person lawfully in custody, who by reason of incapacity from intoxication, illness, mental disorder or infancy is unable to give a reasonable account of himself, may be searched for the purpose of ascertaining his name and place of abode. When police or penghulu may arrest without warrant
23. (1) Any police officer or penghulu may without an order from a Magistrate and without a warrant arrest--
(a) any person who has been concerned in any offence committed anywhere in Malaysia which is a seizable offence under any law in force in that part of Malaysia in which it was committed or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
(b) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;
(c) any person who has been proclaimed under section 44; (d) any person in whose possession anything is found which may reasonably be suspected to be stolen or fraudulently obtained property and who may reasonably be suspected of having committed an offence with reference to that thing;
(e) any person who obstructs a police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;
(f) any person reasonably suspected of being a deserter from the Armed Forces of Malaysia;
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(g) any person found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a seizable offence;
(h) any person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself; (i) any person who is by repute a habitual robber, housebreaker or thief or a habitual receiver of stolen property knowing it to be stolen or who by repute habitually commits extortion or in order to commit extortion habitually puts or attempts to put persons in fear of injury;
(j) any person in the act of committing in his presence a breach of the peace; or
(k) any person subject to the supervision of the police who fails to comply with the requirements of section 296. (2) Nothing in this section shall be held to limit or to modify the operation of any other law empowering a police officer or penghulu to arrest without a warrant.
(3) If any person is arrested without warrant in any component territory of Malaysia (which expression shall in this subsection have the same meaning as in the Warrants and Summonses (Special Provisions) Act 1965 [Act 6 of 1965]) for an offence alleged to have been committed in any other component territory of Malaysia, the provisions of the Warrants and Summonses (Special Provisions) Act 1965, shall, so far as they may be appropriate and with any necessary modifications, apply for the purposes of the custody, transfer, release on bail and appearance before the appropriate Court in the other component territory of Malaysia of that person as if he had been arrested under a warrant issued by a Magistrate in the last mentioned component territory.
Refusal to give name and residence
24. (1) When any person in the presence of a police officer or penghulu commits or is accused of committing a non-seizable offence and refuses on the demand of a police officer or penghulu to give his name and residence or gives a name or residence which the officer has reason to believe to be false, he may be arrested 36 Laws of Malaysia ACT 593
by that police officer or penghulu in order that his name or residence may be ascertained, and he shall, within twenty-four hours of the arrest, exclusive of the time necessary for the journey, be taken before the nearest Magistrate unless before that time his true name and residence are ascertained, in which case he shall be immediately released on his executing a bond for his appearance before a Magistrate if so required.
(2) When any person is thus taken before a Magistrate, the Magistrate may either require him to execute a bond, with or without a surety, for his appearance before a Magistrate if so required, or may order him to be detained in custody until he can be tried.
(3) When any person in the presence of a police officer or penghulu commits or is accused of committing a non-seizable offence and on the demand of a police officer or penghulu to give his name and residence gives as his residence a place not within Malaysia, he may be arrested by the police officer or penghulu and shall be taken immediately either before the nearest Magistrate who may require him to execute a bond with or without a surety for his appearance before a Magistrate if so required or may order him to be detained in custody until he can be tried, or before a police officer not below the rank of Inspector who may require him to furnish a bond with or without a surety for his appearance before a Court if required.
How person arrested by penghulu is to be dealt with
25. A penghulu making an arrest without a warrant shall without unnecessary delay hand over the person so arrested to the nearest police officer or in the absence of a police officer take such person to the nearest police station, and a police officer shall rearrest every person so arrested.
Pursuit of offenders
26. For the purpose of arresting any person whom he has power to arrest without a warrant a police officer may pursue any such person into any part of Malaysia.
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Arrest by private persons and procedure in such cases
27. (1) Any private person may arrest any person who, in his view, commits a non-bailable and seizable offence or who has been proclaimed under section 44 and shall without unnecessary delay hand over the person so arrested to the nearest police officer or, in the absence of a police officer, take that person to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 23 a police officer shall rearrest him. (3) If there is reason to believe that he has committed a non-seizable offence and he refuses on the demand of a police officer to give his name and residence or gives a name or residence which the officer has reason to believe to be false or gives a residence which is not within Malaysia he shall be dealt with under section 24.
(4) If there is no reason to believe that he has committed an offence he shall be at once released.
(5) Any person who commits an offence on or with respect to the property of another may if his name and address are unknown be apprehended by the person injured or by any person who is using the property to which the injury is done, or by the servant of either of those persons or by any person authorized by or acting in aid of either of those persons, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct or until he can be delivered into the custody of a police officer.
(6) If any person lawfully apprehended under subsection (5) assaults or forcibly resists the person by whom he is so apprehended or any person acting in his aid he shall be liable to a fine of one hundred ringgit.
How person arrested is to be dealt with and detention for more than twenty-four hours
28. (1) A police officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein as to bail or previous release take or send the person arrested before a Magistrate's Court.
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(2) No police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.
(3) Such period shall not in the absence or after the expiry of a special order of a Magistrate under section 117 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. Release of person arrested
29. No person who has been arrested by a police officer shall be released except on his own bond or on bail or under the order in writing of a Magistrate or of a police officer not below the rank of Inspector.
Offence committed in Magistrate's presence
30. When any offence is committed in the presence of a Magistrate or Justice of the Peace within the local limits of his jurisdiction he may himself arrest or authorize any person to arrest the offender, and may thereupon, subject to the provisions herein as to bail, commit the offender to custody.
Arrest by or in presence of Magistrate
31. Any Magistrate may at any time arrest or authorize the arrest in his presence within the local limits of his jurisdiction of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Power on escape to pursue and re-take
32. If a person in lawful custody escapes or is rescued the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place, either within or without the jurisdiction where he was so in custody, and deal with that person as he might have done on the original taking.
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Sections 16 and 18 to apply to arrests under section 32
33. Sections 16 and 18 shall apply to arrests under section 32 although the person making the arrest is not acting under a warrant and is not a police officer having authority to arrest. CHAPTER V
PROCESSES TO COMPEL APPEARANCE
Summons
Form of summons and service
34. (1) Every summons to appear issued by a Court under this Code shall be in writing and signed as provided by the Courts of Judicature Act 1964, or the Subordinate Courts Act 1948, and shall bear the seal of the Court.
(2) Such summons shall ordinarily be served by a police officer but the Court issuing the summons may if it sees fit direct it to be served by any other person.
Summons how served
35. (1) The summons shall if practicable be served personally on the person summoned by showing him the original summons and by tendering or delivering to him a copy thereof under the seal of the Court.
(2) Every person on whom a summons is so served shall if so required by the serving officer sign a receipt for the copy thereof on the back of the original summons.
(3) In the case of a corporation the summons may be served on the secretary or other like officer of the corporation. (4) Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy thereof for him with some adult member of his family or with his servant residing with him.
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Procedure when personal service cannot be effected
36. When the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected as directed by subsection 35(4) the serving officer shall affix a copy of the summons to some conspicuous part of the house or other place in which the person summoned ordinarily resides, and in such case the summons, if the Court so directs either before or after such affixing, shall be deemed to have been duly served. Proof of service
37. When a summons issued by a Court is served an affidavit of such service purporting to be made before an officer duly authorized to administer an oath shall be admissible in evidence. 37A. (Deleted by Act 6 of 1965).
Warrant Of Arrest
Form of warrant of arrest
38. (1) Every warrant of arrest issued by a Court under this Code shall be in writing and signed as provided by the Courts of Judicature Act 1964, or the Subordinate Courts Act 1948, and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it or until it is executed. Court may direct by indorsement on warrant security to be taken
39. (1) Any Court issuing a warrant for the arrest of any person may, in its discretion, direct by indorsement or footnote on the warrant that if that person execute a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release that person from custody.
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(2) The indorsement or footnote shall state--
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and (c) the time at which he is to attend before the Court. (3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court. Warrants, to whom directed
40. (1) A warrant of arrest shall ordinarily be directed to the Inspector General of Police and all other police officers of Malaysia, and any police officer may execute the warrant in any part of Malaysia.
(2) The Court issuing a warrant may direct it to any person or persons by name not being police officers and all or any one or more of such persons may execute the same.
Notification of substance of warrant
41. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person arrested and if so required shall show him the warrant or a copy thereof under the seal of the Court issuing the warrant.
Person arrested to be brought before Court without delay
42. The police officer or other person executing a warrant of arrest shall, subject to the provisions of section 39 as to security, without unnecessary delay bring the person arrested before the Court before which he is required by law to produce that person. Procedure on arrest of person against whom warrant is issued
43. (1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the Court by which it was issued the person arrested shall, unless security is taken under section 39, be brought before the nearest Magistrate.
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(2) The Magistrate shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to the Court named in the warrant: Provided that, if the offence is bailable and the person arrested is ready and willing to give bail to the satisfaction of the Court before which he is brought or a direction has been indorsed under section 39 on the warrant and that person is ready and willing to give the security required by the direction, such last mentioned Court shall take the bail or security, as the case may be, and forward the bond to the Court named in the warrant. (3) Nothing in this section shall be deemed to prevent a police officer from taking security under section 39.
Proclamation and Attachment
Proclamation for person absconding
44. (1) If any Court has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by it has absconded or is concealing himself so that the warrant cannot be executed the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing the proclamation.
(2) The proclamation shall be published as follows: (a) it shall be publicly read in some conspicuous place of the town, village or kampong in or near which that person ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or other place in which that person ordinarily resides or in some conspicuous place of the town, village or kampong; and
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on that day.
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Attachment of property of person proclaimed
45. (1) The Court issuing a proclamation under section 44 may at any time order the attachment of any property movable or immovable or both belonging to the proclaimed person. (2) The order shall authorize the attachment of any property belonging to the person within the local jurisdiction of the Court by which it is made, and it shall authorize the attachment of any property belonging to that person without such jurisdiction when indorsed by a Magistrate within whose jurisdiction the property is situate.
(3) If the property ordered to be attached consists of debts or other movable property the attachment shall be made-- (a) by seizure;
(b) by the appointment of a receiver;
(c) by an order in writing prohibiting the delivery of the property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods as the Court thinks fit.
(4) If the property ordered to be attached be immovable the attachment under this section shall be made through the Land Administrator of the district in which the land is situate; and upon the receipt of an order of attachment the said Land Administrator shall execute the same--
(a) by taking possession;
(b) by the appointment of a receiver;
(c) by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods as he thinks fit. (5) No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with the land for the time being in force.
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(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under rules of court in force for the time being. (7) If the proclaimed person does not appear within the time specified in the proclamation the property shall be at the disposal of the Government, but it shall not be sold until the expiration of six months from the date of the attachment unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit. (8) Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached:
Provided that such claim is made within three months from the order of attachment.
(9) The Court shall record the claim so made and shall cause a copy thereof to be served upon the Public Prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why the order of attachment should not be cancelled so far as it relates to the property so claimed.
(10) At the hearing the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.
(11) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials in summary cases before Magistrates.
(12) The Court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or if satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.
(13) The Court may in its discretion award to the claimant costs and such advocates' fees as it thinks proper which shall be paid out of the Consolidated Fund.
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Restoration of attached property
46. If within two years from the date of the attachment any person whose property is or has been at the disposal of the Government under section 45 appears voluntarily or is apprehended and brought before the Court by whose order the property was attached and proves to the satisfaction of the Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, the property or, if the same has been sold, the nett proceeds of the sale or, if part only thereof has been sold, the nett proceeds of the sale and the residue of the property shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him. Other Rules Regarding Summonses to Appear
and Warrants of Arrest
Issue of warrant in lieu of or in addition to summons
47. A criminal Court may in any case in which it is empowered to issue a summons for the appearance of any person other than a juror or assessor issue, after recording its reasons in writing, a warrant for his arrest--
(a) if either before the issue of summons or after the issue of the same but before the time fixed for his appearance the Court sees reason to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
Summonses to appear and warrants of arrest may be executed in any part of Malaysia
48. (1) All summonses to appear and warrants of arrest issued by a Magistrate's Court may be served or executed as the case may be in any part of Malaysia:
Provided that no such summons shall be served outside the local limits of the jurisdiction of the Court issuing the same unless the same shall be indorsed by the Court with the words "For service out of the jurisdiction".
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(2) No such summons shall be indorsed by a Court issuing the same with the words "For service out of the jurisdiction" unless the Court is satisfied that there are special grounds for allowing such service, which grounds shall be recorded before the summons is so indorsed.
Power to take bond for appearance
49. When any person for whose appearance or arrest any Court is empowered to issue a summons or warrant is present in the Court it may require that person to execute a bond with or without sureties for his appearance in the Court.
Arrest on breach of bond for appearance
50. When any person who is bound by any bond taken under this Code to appear before a Court does not so appear the Court may issue a warrant directing that such person be arrested and produced before it.
CHAPTER VI
PROCESSES TO COMPEL THE PRODUCTION OF
DOCUMENTS AND OTHER MOVABLE PROPERTY AND
FOR THE DISCOVERY OF PERSONS
WRONGFULLY CONFINED
Summons to produce document or other things
51. (1) Whenever any Court or police officer making a police investigation considers that the production of any property or document is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before that Court or officer, such Court may issue a summons or such officer a written order to the person in whose possession or power such property or document is believed to be requiring him to attend and produce it or to produce it at the time and place stated in the summons or order.
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(2) Any person required under this section merely to produce any property or document shall be deemed to have complied with the requisition if he causes the property or document to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed to affect the provisions of any law relating to evidence for the time being in force or to apply to any postal article, telegram or other document in the custody of the postal or telegraph authorities.
Procedure as to postal articles, etc.
52. (1) If any such postal article, telegram or other document is in the opinion of a Judge or a Sessions Court Judge wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, the Judge or Sessions Court Judge may require the postal or telegraph authorities to deliver that postal article, telegram or other document to such person as he may direct. (2) If any such postal article, telegram or other document is in the opinion of the Public Prosecutor wanted for any such purpose he may require the postal or telegraph authorities to cause search to be made for and to detain that document pending the orders of a Judge or a Sessions Court Judge.
Sections 34 to 37 to apply
53. Sections 34, 35, 36 and 37 shall apply in relation to summonses under this Chapter.
Search Warrants
When search warrant may be issued
54. (1) Where-- (a) any Court has reason to believe that a person to whom a summons under section 51 or a requisition under subsection 52(1) has been or might have been addressed will not or would not produce the property or document as required by the requisition;
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(b) that property or document is not known to the Court to be in the possession of any person; or
(c) the Court considers that the purposes of justice or of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,
the Court may issue a search warrant and the person to whom that warrant is directed may search and inspect in accordance with the warrant and the provisions herein contained.
(2) Nothing herein contained shall authorize any Court other than the High Court to grant a warrant to search for a postal article, telegram or other document in the custody of the postal or telegraph authorities.
(3) A search warrant shall ordinarily be directed to the Chief Police Officer of the State in which it is issued and to some other officers to be designated by name therein, and all or any of those police officers may execute the warrant.
(4) The Court issuing a search warrant may direct it to any person or persons by name, not being police officers, and all or any one or more of those persons may execute the warrant. Power to restrict search warrant
55. The Court may if it thinks fit specify in the warrant the particular place or part of it to which only the search or inspection shall extend, and the person charged with the execution of the warrant shall then search or inspect only the place or part so specified.
Magistrate may issue warrant authorizing search for evidence of offence
56. If a Magistrate, upon information and after such inquiry as he thinks necessary, has reason to believe that anything upon, by or in respect of which an offence has been committed, or any evidence or thing which is necessary to the conduct of an investigation into any offence, may be found in any place, he may, by warrant, authorize the person to whom it is directed to enter, with such assistance, as may be required, and search the place for any such evidence or thing, and, if anything searched for is found, to seize it and bring it before the Magistrate issuing the warrant, or some other Magistrate, to be dealt with in accordance with law. 49Criminal Procedure Code
Form of search warrant
57. (1) Every search warrant issued by a Court under this Code shall be in writing and signed as provided by the Courts of Judicature Act 1964, or the Subordinate Courts Act 1948, and shall bear the seal of the Court.
(2) Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant.
(3) Search warrants issued under this Code may be executed in any part of Malaysia.
Search for persons wrongfully confined
58. (1) If any Magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence he may issue a search warrant.
(2) The person to whom the warrant is directed may search for the person confined.
(3) The search shall be made in accordance with the warrant and the person, if found, shall be immediately taken before a Magistrate who shall make such order as in the circumstances of the case seems proper.
Persons in charge of closed places to allow search
59. (1) Whenever any place liable to search or inspection under this Chapter is closed any person residing in or being in charge of that place shall on demand of the officer or other person executing the warrant and on production of the warrant allow him free ingress to it and afford all reasonable facilities for a search in it. (2) If ingress to such place cannot be so obtained the officer or other person executing the warrant may proceed in the manner provided by subsection 16(2).
Magistrate issuing search warrant may attend at its execution
60. The Magistrate by whom a search warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed.
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Magistrate may direct search in his presence
61. Any Magistrate may orally direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.
Search without warrant
62. (1) If information is given to any police officer, not below the rank of Inspector that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant the property is likely to be removed, that officer by virtue of his office may search in the place specified for specific property alleged to have been stolen.
(2) A list of the property alleged to have been stolen shall be delivered or taken down in writing with a declaration stating that such property has been stolen and that the informant has good grounds for believing that the property is deposited in that place.
(3) The person from whom the property was stolen or his representative shall accompany the officer in the search. Forfeiture of counterfeit coin
62A. (1) Any police officer not below the rank of Inspector, upon being satisfied that any person has in his possession any counterfeit coin or counterfeit current coin or any die, instrument or material for the purpose of counterfeiting any coin or current coin, may without warrant and with or without assistance enter and search any place where any such coin or any such die, instrument or material is kept and seize all the coin, die, instrument or material. (2) Anything seized under subsection (1) shall, by order of the Court before which any person is tried relating to its possession, or where there is no trial by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.
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Forfeiture of counterfeit currency
62B. (1) Any police officer not below the rank of Inspector, upon being satisfied that any person has in his possession any forged or counterfeit currency note or bank note or any machinery, instrument or material used or intended to be used for the forging or counterfeiting of any currency note or bank note, may without warrant and with or without assistance enter and search any place where any such currency note or bank note or any such machinery, instrument or material is kept and seize all the notes, machinery, instrument or material.
(2) Anything seized under subsection (1) shall, by order of the Court before which any person is tried relating to its possession, or where there is no trial, by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.
Summary search
63. (1) Any police officer may under the circumstances mentioned in this section, be authorized in writing by the Chief Police Officer to enter, and if so authorized, may enter any place in search of stolen property and search and seize and secure any property which he believes to have been stolen in the same manner as he would be authorized to do if he had a search warrant and the property seized, if any, corresponded to the property described in the search warrant.
(2) In every case in which property is seized in pursuance of this section the person in whose place it was at the time of seizure or the person from whom it was taken, if other than the person in whose place it was, shall unless previously charged with receiving the same knowing it to have been stolen be summoned before a Magistrate to account for his possession of the property, and the Magistrate shall make such order respecting the disposal of the property and may award such costs as the justice of the case may require.
(3) The Chief Police Officer may give such authority as aforesaid in the following cases or either of them--
(a) when the place to be searched is or within the preceding twelve months has been in the occupation of or used by any person who has been convicted of receiving stolen property or of harbouring thieves; or
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(b) when the place to be searched is in the occupation of or used by any person who has been convicted of an offence involving fraud or dishonesty and punishable by
imprisonment.
(4) It shall not be necessary for the Chief Police Officer on giving such authority to specify any particular property but he may give the authority if he has reason to believe generally that the place is being used for the reception of stolen goods. List of all things seized to be made and signed
64. A list of all things seized in the course of a search made under this Chapter and of the places in which they are respectively found shall be prepared by the officer or other person making the search and signed by him.
Occupant to be present at search
65. The occupant of the place searched, or some person in his behalf, shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to that occupant or person at his request. PART IV
PREVENTION OF OFFENCES
CHAPTER VII
SECURITY FOR KEEPING THE PEACE AND
FOR GOOD BEHAVIOUR
Security for keeping the peace on conviction
66. (1) Whenever any person is convicted-- (a) of any offence which involves a breach of the peace or of abetting the same; or
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(b) of committing criminal intimidation or criminal trespass or of being a member of an unlawful assembly, and the Court before which the person is convicted is of opinion that it is necessary to require that person to execute a bond for keeping the peace, the Court may, at the time of passing sentence on that person or in lieu of any sentence, order him to execute a bond for a sum
proportionate to his means with or without sureties for keeping the peace during such period in each instance as it thinks fit to fix, not exceeding six months if the order is by a Magistrate's Court or two years if the order is by the High Court.
(2) If the conviction is set aside on appeal or otherwise the bond so executed shall be void.
Security for keeping the peace by complainant
66A. (1) If during or after the trial of a case the Court is of opinion that the conduct of a complainant is or has been such that it is necessary to call upon him to show cause why he should not enter into a bond to keep the peace for such period not exceeding six months as the Court thinks fit to fix, the Court may summarily call upon him to do so.
(2) The evidence upon which the Court decides to call on a person to show cause under this section shall be read to the person so called on, but it shall not be necessary to recall any witness unless the person called upon desires to cross-examine the witness. (3) The case to show cause under this section may if the Court sees fit proceed either as part of the case out of which it has arise or as a separate proceeding.
(4) If, when so called upon, the complainant fails to show cause, the Court may order him to execute a bond to keep the peace for such period not exceeding six months as the Court thinks fit. Security for keeping the peace in other cases
67. Whenever it appears to a Magistrate that any person residing or being within the local limits of his jurisdiction is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace within or beyond such 54 Laws of Malaysia ACT 593
limits, the Magistrate may, in the manner hereinafter provided require that person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding six months as the Magistrate thinks fit to fix.
Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter
68. (1) Whenever it appears to a Magistrate that-- (a) any person is taking precautions to conceal his presence within the local limits of his jurisdiction and that there is reason to believe that person is taking those precautions with a view to committing an offence;
(b) there is within such limits any person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself; or
(c) there is within such limits any person who within or without such limits either orally or in writing disseminates or attempts to disseminate or in any way abets the dissemination of--
(i) any seditious matter, that it is to say any matter the publication of which is punishable under the
Sedition Act 1948 [Act 15]; or
(ii) any matter concerning a Judge or Magistrate which amounts to criminal intimidation or defamation
under the Penal Code,
the Magistrate may, in the manner hereinafter provided, require that person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding six months as the Magistrate thinks fit to fix. (2) No proceedings shall be taken under paragraph (c) against the editor, proprietor, printer or publisher of any book or newspaper registered under the Printing Presses and Publications Act 1984 [Act 301], or under the Deposit of Library Material Act 1986 z [Act 331], except by the order or under the authority of the Public Prosecutor.
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Security for good behaviour from habitual offenders
69. Whenever it appears to a Magistrate that any person within the local limits of the jurisdiction of that Magistrate-- (a) is a habitual robber, housebreaker or thief or a habitual receiver of stolen property knowing the same to have been stolen;
(b) habitually commits extortion or in order to the committing of extortion habitually puts or attempts to put persons in fear of injury;
(c) is a habitual protector or harbourer of thieves; (d) is a habitual aider in the concealment or disposal of stolen property;
(e) is a notorious bad liver or is a dangerous character; or (f) habitually consorts with robbers, housebreakers, thieves, prostitutes or persons who have no visible means of subsistence,
the Magistrate may, in the manner hereinafter provided, require that person to show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour for such period not exceeding six months as the Magistrate thinks fit to fix. Summons or warrant if required
70. (1) When a Magistrate acting under section 67, 68, or 69 deems it necessary to require any person to show cause under the section he shall, if that person has not been arrested without warrant and brought before the Court for the purpose of the inquiry hereinafter mentioned, issue a summons requiring him to appear and show cause or when that person is in custody but not present in Court a warrant directing the officer in whose custody he is to produce him before the Court.
(2) Whenever it appears to the Magistrate upon the report of a police officer or upon other information, the substance of which report or information shall be recorded by the Magistrate, that there is reason to fear the commission of a breach of the peace and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of that person the Magistrate may at any time issue a warrant for his arrest.
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Form of summons or warrant
71. Every summons or warrant issued under section 70 shall contain a brief statement of the substance of the information on which the summons or warrant was issued, and shall state the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties, if any, required.
Power to dispense with personal attendance
72. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by advocate. Inquiry to be held
73. (1) When any person appears or is brought before a Magistrate in compliance with a summons or in execution of a warrant issued under section 70 the Magistrate shall proceed to inquire into the truth of the information on which he has acted and to take such further evidence as may be necessary.
(2) When any person has been arrested without warrant and brought before a Magistrate for the purpose of being bound over either to keep the peace or to be of good behaviour the Magistrate shall instead of requiring him to show cause explain to that person the purport and object of the inquiry and shall take such evidence as may be produced on either part.
(3) An inquiry under this section shall be made as nearly as may be practicable in the manner hereinafter prescribed for conducting summary trials before Magistrates except that no charge need be framed.
(4) For the purpose of this section the fact that a person is a habitual offender may be proved by evidence of general repute or otherwise.
Order to give security
74. If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour as the case may 57Criminal Procedure Code
be that the person in respect of whom the inquiry is made should execute a bond with or without sureties the Magistrate shall make an order accordingly:
Provided that--
(a) no person shall be ordered to give security of a nature different from or for an amount larger than or for a period longer than that specified in the summons or warrant issued under section 70, if any;
(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive, but shall be such as to afford the person against whom the order is made a fair chance of complying with it; and (c) when the person in respect of whom the inquiry is made is not competent to contract the bond shall be executed only by his sureties.
Discharge of person informed against
75. If on an inquiry under section 73 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond the Magistrate shall make an entry on the record to that effect and if that person is in custody only for the purposes of the inquiry, shall release him or, if he is not in custody, shall discharge him.
Proceedings in All Cases Subsequent to
Order to Furnish Security
Commencement of period for which security is required
76. (1) If any person in respect of whom an order requiring security is made under section 66 or 74 is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period for which the security is required shall commence on the expiration of that sentence.
(2) In other cases such period shall commence on the date of the order.
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Contents of bond
77. (1) The bond to be executed by any person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the abetment of any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
(2) Every such bond shall enure throughout the whole of Malaysia. Power to reject sureties
78. A Court may in its discretion refuse to accept any particular person or persons offered as surety for good behaviour under this Chapter.
Imprisonment in default of security
79. (1) If any person ordered to give security under section 66, 66A or 74 does not give the security on or before the date on which the period for which the security is to be given commences he shall be committed to prison, or if he is already in prison be detained in prison, until the expiration of such term as the Court may direct or until within that term he gives the security to the Court which made the order requiring it or to the officer in charge of the prison in which he is detained:
Provided that the term, if any, for which any person is imprisoned for failure to give security shall not exceed the period for which security is ordered to be given.
(2) (Omitted).
(3) (Omitted).
Power to release person imprisoned for failing to give security
80. When a Court is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person the Court may order that person to be discharged:
Provided that the Court of a Magistrate shall not exercise this power except in cases where the imprisonment is under its own order.
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Magistrate to report in cases in which the security has been ordered by the High Court
81. Whenever a Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter as ordered by the High Court may be released without the hazard mentioned in section 80, the Magistrate shall make an immediate report of the case for the orders of the High Court, and such Court may if it thinks fit order that person to be discharged.
Discharge of sureties
82. (1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a Magistrate to cancel any bond executed under this Chapter within the local limits of his jurisdiction.
(2) On such application being made the Magistrate shall issue a summons or warrant, as he thinks fit, requiring the person for whom that surety is bound to appear or be brought before him. (3) When that person appears or is brought before the Magistrate he shall cancel the bond and shall order that person to give for the unexpired portion of the term of the bond fresh security of the same description as the original security.
(4) Every such order shall for the purposes of sections 77, 78, 79 and 80 be deemed to be an order made under section 66 or 74, as the case may be.
CHAPTER VIII
UNLAWFUL ASSEMBLIES
Who may order unlawful assembly to disperse
83. A Magistrate, gazetted police officer, police officer not below the rank of Inspector or officer in charge of a police station may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace to disperse, and it shall thereupon be the duty of the members of the assembly to disperse accordingly.
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Forcible dispersal of unlawful assemblies
84. If any unlawful assembly is commanded to disperse under section 83 or under section 5 of the Public Order (Preservation) Act 1958 [Act 296], and does not disperse, or if, without having been commanded to disperse, it conducts itself in such a manner as to show a determination not to disperse, any police officer, any member of the armed forces or any other person acting in aid of a police officer or member of the armed forces may do all things necessary for dispersing the persons so continuing assembled and for apprehending them or any of them, and, if any person makes resistance, may use such force as is reasonably necessary for overcoming resistance and shall not be liable in any criminal or civil proceedings for having by the use of such force caused harm or death to any person or damage to any property. 85-87. (Deleted by Act A324).
Protection against prosecution
88. (1) No prosecution against any Magistrate, police officer or member of the armed forces for any act purporting to be done under this Chapter shall be instituted in any Court except with the sanction in writing of the Public Prosecutor personally or, in Sabah or Sarawak, of the Director of Public Prosecutions. (2) Where a prosecution is sanctioned as aforesaid for an act purporting to be done under this Chapter, no Magistrate, police officer, member of the armed forces or person acting in aid of a police officer or member of the armed forces shall, if the Court is satisfied that the act was done in good faith or, if it was done by a member of the armed forces, that it was done in obedience to an order which under naval, military or air force law he was bound to obey, be deemed to have thereby committed an offence. CHAPTER IX
PUBLIC NUISANCES
Magistrate may make conditional order for removal of nuisance
89. (1) Whenever a First Class Magistrate considers on receiving a report or other information and on taking such evidence, if any, as he thinks fit that--
(a) any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river or channel which is or may be lawfully used by the public or from any public place;
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(b) any trade or occupation or the keeping of any goods or merchandise by reason of its being injurious to the health or physical comfort of the community should be suppressed or removed or prohibited;
(c) the construction of any building or the disposal of any substance likely to occasion conflagration or explosion should be prevented or stopped;
(d) any building or tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by and that in consequence its removal, repair or support is necessary; or
(e) any tank, well or excavation adjacent to any such way as aforesaid or to any public place should be fenced in such a manner as to prevent danger arising to the public, the Magistrate may make a conditional order requiring the person causing the obstruction or nuisance, or carrying on the trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tree, substance, tank, well or excavation within a time to be fixed in the order to-- (aa) remove the obstruction or nuisance;
(bb) suppress or remove the trade or occupation;
(cc) remove the goods or merchandise;
(dd) prevent or stop the construction of the building; (ee) remove, repair or support the building;
(ff) lop or fell the tree;
(gg) alter the disposal of the substance;
(hh) fence the tank, well or excavation,
or appear before the Magistrate at a time and place to be fixed by the order and move to have the order set aside or modified in the manner hereinafter provided.
(2) No order duly made by a Magistrate under this section shall be called in question in any Court except by way of appeal. 62 Laws of Malaysia ACT 593
(3) For the purposes of this section a "public place" includes also property belonging to the Government of a State or of Malaysia and grounds left unoccupied for sanitary or recreative purposes.
Order to be served or notified
90. (1) The order and any other notice or order given or made under this Chapter shall, if practicable, be served on the person against whom it is made in the manner in this Code provided for service of a summons.
(2) If the order cannot be so served it shall be notified by proclamation published in the Gazette, and a copy of it shall be posted at such place as may be fittest for conveying the information to that person.
Person against whom order is made to obey or appear and show cause
91. The person against whom such order is made shall-- (a) perform within the time specified in the order the act directed thereby, or
(b) appear in accordance with the order and show cause against it.
Consequence of his failing to do so
92. If such person does not perform such act or appear and show cause as required by section 91 the order shall be made absolute. Procedure on appearance to show cause
93. (1) If such person appears and shows cause against the order the Magistrate shall take evidence in the matter. (2) If the Magistrate is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case. (3) If the Magistrate is not so satisfied the order shall be made absolute.
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Procedure on order being made absolute
94. When an order has been made absolute under section 92 or 93 the Magistrate shall give notice of it to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice and inform him that in case of disobedience he will be liable to the penalty prescribed in section 188 of the Penal Code: Provided that if such person be a corporation it shall be liable only to the fine prescribed by the said section.
Consequence of disobedience to order
95. (1) If such order is not performed within the time fixed the Magistrate may cause it to be performed and may recover the costs of performing it either by sale of the buildings, goods or other property removed by his order or by the distress and sale of any other movable property of such person within or without the local limits of the Magistrate's jurisdiction.
(2) If the property is without such limits the order shall authorize its attachment and sale when indorsed by a Magistrate within the local limits of whose jurisdiction the property to be attached is found.
(3) No suit shall lie in respect of anything done in good faith under this section.
Injunction pending final decision
96. (1) If the Magistrate making an order under section 89 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public he may issue such an injunction to the person against whom the order was made as is required to obviate or prevent such danger or injury pending the final decision of the case.
(2) In default of such person forthwith obeying such injunction the Magistrate may use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. 64 Laws of Malaysia ACT 593
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Power to prohibit repetition or continuance of public nuisance
97. A First Class Magistrate may order any person not to repeat or continue a public nuisance as defined in the Penal Code or any other law in force for the time being.
CHAPTER X
TEMPORARY ORDERS IN URGENT CASES
OF NUISANCE
Power to issue order absolute at once in urgent cases of nuisance
98. (1) In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable that Magistrate may, by a written order stating the material facts of the case and served in the manner provided in section 90, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management if the Magistrate considers that the direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons lawfully employed, or danger to human life, health or safety, or a riot or any affray. (2) An order under this section may in cases of emergency or in cases where the circumstances do not admit of the serving in due time of notice upon the person against whom the order is made be made ex parte.
(3) An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place.
(4) Any Magistrate may rescind or alter any order made under this section by himself or his predecessor in office. (5) No order under this section shall remain in force for more than seven days from the making of it.
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CHAPTER XI
DISPUTES AS TO IMMOVABLE PROPERTY
Procedure where dispute concerning land, etc., is likely to cause breach of peace
99. (1) Whenever a First Class Magistrate is satisfied, from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in the dispute to attend his Court in person or by advocate within a time to be fixed by the Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section and of section 101, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate directs, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits of the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary, and if possible decide whether any and which of the parties is then in actual possession of the said subject: Provided that--
(a) if it appears to the Magistrate that any party has, within two months next before the date of the order, been forcibly and wrongfully dispossessed he may treat the party so dispossessed as if he had been in possession at that date; 66 Laws of Malaysia ACT 593
(b) if the Magistrate considers the case one of emergency he may at any time attach the subject of dispute pending his decision under this section.
(5) Nothing in this section shall preclude any party so required to attend from showing that no such dispute as aforesaid exists or has existed, and in that case the Magistrate shall cancel the order and all further proceedings on it shall be stayed. (6) If the Magistrate decides that one of the parties is then in actual possession of the said subject he shall issue an order declaring that party to be entitled to retain possession of it until evicted from it in due course of law, and forbidding all disturbance of such possession until such eviction.
(7) Proceedings under this section shall not abate by reason only of the death of any of the parties thereto.
Power to attach subject of dispute
100. If the Magistrate decides that none of the parties is then in actual possession or is unable to satisfy himself as to which of them is then in actual possession of the subject of dispute he may attach it until a competent Civil Court has determined the rights of the parties thereto or the persons entitled to possession of it. Disputes concerning rights over land or water
101. (1) Whenever a First Class Magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or prevent the doing of anything in or upon any land or water situate within the local limits of his jurisdiction he may inquire into the matter and may if it appears to him that the right exists make an order permitting that thing to be done or directing that it shall not be done, as the case may be, until the person objecting to that thing being done or claiming that it may be done obtains the decision of a competent Civil Court adjudging him to be entitled to prevent the doing of or to do that thing as the case may be.
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(2) No order shall be made under this section permitting the doing of anything where the right to do that thing is exercisable at all times of the year unless the right has been exercised within three months next before the institution of the inquiry or, where the right is exercisable only at particular seasons, unless the right has been exercised during the season next before the institution of the enquiry.
Order as to costs
102. When any costs have been incurred by any party to a proceeding under this Chapter for witnesses' or advocates' fees or both the Magistrate giving a decision under section 99, 100 or 101 may assess such costs and direct by whom the same shall be paid, whether by that party or by any other party to the proceeding and whether in whole or in part or proportion.
CHAPTER XII
PREVENTIVE ACTION OF THE POLICE
Police to prevent seizable offences
103. Every police officer may interpose for the purpose of preventing and shall to the best of his ability using all lawful means prevent the commission of any seizable offence. Information of design to commit seizable offences
104. Every police officer receiving information of a design to commit any seizable offence shall communicate that information to the police officer to whom he is subordinate and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
Arrest to prevent seizable offences
105. A police officer knowing of a design to commit any seizable offence may arrest without orders from a Magistrate and without a warrant the person so designing if it appears to the officer that the commission of the offence cannot otherwise be prevented. 68 Laws of Malaysia ACT 593
Prevention of injury to public property
106. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public land-mark or buoy or other mark used for navigation. PART V
INFORMATION TO POLICE AND THEIR POWERS
TO INVESTIGATE
CHAPTER XIII
Information of offences
107. (1) Every information relating to the commission of an offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant.
(2) Every such information shall be entered in a book to be kept by that officer, who shall append to such entry the date and hour on which that information was given, and whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it.
Procedure in non-seizable cases
108. (1) When the information aforesaid relates to the commission of a non-seizable offence that officer shall refer the informant to a Magistrate.
(2) No police officer shall in a non-seizable case exercise any of the special powers in relation to police investigations given by this Chapter without the order of the Public Prosecutor. (3) Any police officer not below the rank of Sergeant or any officer in charge of a police station receiving such order may exercise the same powers in respect of the investigation, except the power to arrest without warrant, as that police officer may exercise without an order in a seizable case.
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Admission of certified copy of information as evidence 108A. In any proceeding under this Code a copy of an entry relating to an information reduced to writing under the provisions of section 107, and purporting to be certified to be a true copy by the Officer in Charge of the Police District in which the police station where the information given is situated, shall be admitted as evidence of the contents of the original and of the time, place and manner in which the information was so recorded. Investigation in seizable cases
109. (1) Any police officer not below the rank of Sergeant or any officer in charge of a police station may without the order of the Public Prosecutor exercise all or any of the special powers in relation to police investigations given by this Chapter in any seizable case.
(2) No proceedings of a police officer in any such case shall at any stage be called in question on the ground that the case was one in which that officer was not empowered under this section to exercise the special powers of police investigations given by this Chapter.
Procedure where seizable offence suspected
110. (1) If from information received or otherwise a police officer not below the rank of Sergeant or an officer in charge of a police station has reason to suspect the commission of a seizable offence he shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, immediately send a report of the same to the Public Prosecutor, and shall proceed in person or shall depute one of his subordinate officers to proceed to the spot to inquire into the facts and circumstances of the case and to take such measures as may be necessary for the discovery and, where not inexpedient, arrest of the offender: Provided as follows--
(a) when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature the police officer receiving the same need not proceed in person or depute a subordinate officer to make an enquiry on the spot;
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(b) if it appears to the police officer receiving the information that there is no sufficient ground for proceeding or further proceeding in the matter he shall not do so.
(2) In each of the cases mentioned in paragraphs (a) and (b) the police officer receiving the information shall state in his said report, if any, his reasons for not fully complying with subsection (1).
(3) Where a police officer exercises the power of deputation given by subsection (1) the subordinate officer so deputed shall not be entitled to use any of the powers given by sections 111, 112, 116 and 117.
Police officer's power to require attendance of witnesses
111. (1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person being within the limits of the police district in which he is making an investigation who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required: Provided that no person shall be required under this section to perform a journey of more than seven miles from his usual place of abode exclusive of such portion of the journey as may be performed by train or motor car or other vehicle. (2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.
(3) Any police officer requiring the attendance of any person employed on a railway shall send immediate information thereof to the person in charge of the nearest railway station. No person employed on a railway shall be required to leave his employment under such circumstances as to endanger the lives of persons travelling on the railway.
Examination of witnesses by police
112. (1) A police officer making a police investigation under this Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. 71Criminal Procedure Code
(2) Such person shall be bound to answer all questions relating to the case put to him by that officer:
Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) A police officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section whether or not a caution has been administered to him under subsection 113(1) shall, whenever possible, be taken down in writing and signed by the person making it or affixed with his thumb print as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Admission of statements in evidence
113. (1) Where any person is charged with any offence any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of any police officer of or above the rank of Inspector and whether or not interpreted to him by another police officer or other person shall be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit: Provided that--
(a) no such statement shall be admissible or used as aforesaid-- (i) if the making of the statement appears to the court to have been caused by any inducement, threat or
promise having reference to the charge proceeding from a person in authority and sufficient in the
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opinion of the court to give the person charged
grounds which would appear to him reasonable for
supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature
in reference to the proceeding against him; or
(ii) in the case of a statement made by the person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:
"It is my duty to warn you that you are not
obliged to say anything or to answer any question, but anything you say, whether in answer to a
question or not, may be given in evidence"; and
(b) a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of no such caution having been
administered if it has been administered as soon as possible. (2) Notwithstanding anything to the contrary contained in any written law a person accused of an offence to which subsection (1) applies shall not be bound to answer any questions relating to the case after any such caution as aforesaid has been administered to him.
No discouragement from making statement to police
114. No police officer or other person shall prevent or discourage by any caution or otherwise any person from making in the course of a police investigation under this Chapter any statement which he may be disposed to make of his own free will.
Power to record statements and confessions
115. (1) Any Magistrate may record any statement or confession made to him at any time before the commencement of the inquiry or trial.
(2) Such statement or confession shall be recorded in full in writing by the Magistrate to whom it is made and shall then be forwarded to the Magistrate, if different, before whom the case is to be inquired into or tried.
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(3) No Magistrate shall record any such statement or confession unless upon questioning the person making it he has reason to believe that it was made voluntarily, and when he records any confession he shall make a memorandum at the foot of such record to the following effect--
"I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true account of what he said. (Signed) A.B.
Magistrate.".
(4) The taking and recording of any statement or confession shall not disqualify a Magistrate who has so taken and recorded the same from inquiring into or trying the case.
(5) No oath or affirmation shall be administered to any person making a statement or confession as provided in this section. Search by police officer
116. (1) Whenever a police officer making a police investigation considers that the production of any document or other thing is necessary to the conduct of an investigation into any offence which he is authorized to investigate and there is reason to believe that the person to whom a summons or order under section 51 has been or might be issued will not or would not produce the document or other thing as directed in the summons or order or when the document or other thing is not known to be in the possession of any person, the officer may search or cause search to be made for the same in any place.
(2) That officer shall, if practicable, conduct the search in person. (3) If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any officer subordinate to him to make the search, and he shall deliver to the subordinate officer an order in writing specifying the document or other thing for which search is to be made and the place to be searched, and the subordinate officer may then search for the thing in that place.
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(4) The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section. Procedure where investigation cannot be completed within twenty-four hours
117. (1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 28 and there are grounds for believing that the accusation or information is well founded the police officer making the investigation shall immediately transmit to a Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case and shall at the same time produce the accused before the Magistrate.
(2) The Magistrate before whom an accused person is produced under this section may, whether he has or has not jurisdiction to try the case, from time to time authorize the detention of the accused in such custody as the Magistrate thinks fit for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to transmission for trial by the High Court. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. Police officer may require bond for appearance of complainant and witnesses
118. (1) If upon a police investigation made under this Chapter it appears to the officer making the investigation that there is sufficient evidence or reasonable ground of suspicion to justify the commencement or continuance of criminal proceedings against any person, the officer shall require the complainant, if any, and so many of the persons who appear to the officer to be acquainted with the circumstances of the case, as he thinks necessary, to execute a bond to appear before a Magistrate's Court therein named and give evidence in the matter of the charge against the accused. 75Criminal Procedure Code
(2) The officer in whose presence the bond is executed shall send it to the Magistrate's Court.
(3) If any complainant or witness refuses to execute the bond, that officer shall report the same to the Magistrate's Court which may then in its discretion issue a warrant or summons to secure the attendance of the complainant or witness before itself to give evidence in the matter of the charge against the accused. Diary of proceedings in investigation
119. (1) Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth--
(a) the time at which the order, if any, for investigation reached him;
(b) the time at which he began and closed the investigation; (c) the place or places visited by him; and
(d) a statement of the circumstances ascertained through his investigation.
(2) Notwithstanding anything contained in the Evidence Act 1950 [Act 56], an accused person shall not be entitled, either before or in the course of any inquiry or trial, to call for or inspect any such diary:
Provided that if the police officer who has made the investigation refers to the diary for the purposes of section 159 or 160 of that Act, such entries only as the officer has referred to shall be shown to the accused, and the Court shall at the request of the officer cause any other entries to be concealed from view or obliterated. Report of police officer
120. (1) Every police investigation under this Chapter shall be completed without unnecessary delay, and soon as it is completed the officer making the same shall unless the offence is of a character which the Public Prosecutor has directed need not be reported to him forward to the Public Prosecutor a report in the form in the Second Schedule setting forth the names of the parties, the nature of the information, and the names of the persons who appear to be acquainted with the circumstances of the case. 76 Laws of Malaysia ACT 593
(2) The Public Prosecutor may at any time by order in writing direct that no report need be forwarded to him in cases of a character to be specified in the order, and may at any time vary or revoke the order.
PART VI
PROCEEDINGS IN PROSECUTIONS
CHAPTER XIV
JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND
TRIALS
Ordinary place of inquiry and trial
121. Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed. Accused triable in place where act is done or where consequence ensues
122. When a person is accused of the commission of any offence by reason of anything which he has done and of any consequence which has ensued, the offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued. ILLUSTRATIONS
(a) A is wounded within the local limits of the jurisdiction of the Court of X and dies within those of the Court of Y. The offence of culpable homicide of A may be inquired into by the Court of either X or Y. (b) A is wounded in the local limits of the jurisdiction of the Court of X and is during ten days more within the local limits of the Court of Y, and during ten days more within the local limits of the jurisdiction of the Court of Z, unable in the local limits of the jurisdiction of the Court of either Y or Z to follow his ordinary pursuits. The offence of unlawfully causing grievous hurt to A may be inquired into or tried by the Court of either X, Y, or Z. (c) A is put in fear of injury within the local limits of the jurisdiction of the Court of X and is thereby induced within the local limits of the jurisdiction of the Court of Y to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried by the Court of either X, or Y.
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Place of trial where act is an offence by reason of relation to other offence
123. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the person was capable of committing an offence a charge of the first mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done.
ILLUSTRATIONS
(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed or by the Court within the local limits of whose jurisdiction the offence abetted was committed.
(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limit of whose jurisdiction the goods were stolen or by the Court within the local limits of whose jurisdiction they were at any time dishonestly received or retained. (c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into by the Court within the local limits of whose jurisdiction the wrongful concealing or by the Court within the local limits of whose jurisdiction the kidnapping took place.
Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable
124. (1) The offence of having escaped from custody may be inquired into or tried by a Court within the local limits of whose jurisdiction the alleged escape occurred or a Court within the local limits of whose jurisdiction the person charged with escaping was apprehended after the alleged escape.
(2) The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is subject of the offence was received by the accused person, or the offence was committed.
(3) The offence of stealing anything may be inquired into or tried by a Court within the local limits of whose jurisdiction such thing was stolen or was possessed by the thief, or by any person who receives or retains the same knowing or having reason to believe it to be stolen.
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Where scene of offence is uncertain, etc.
125. If-- (a) when it is uncertain in which of several local areas an offence was committed;
(b) where an offence is committed partly in one local area and partly in another;
(c) where an offence is a continuing one and continues to be committed in more local areas than one; or
(d) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.
Offence committed on a journey
126. An offence committed while the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.
When doubt arises High Court to decide
127. Whenever any doubt arises as to the Court by which any offence should under the preceding provisions of this Chapter be inquired into or tried the High Court may--
(a) of its own motion;
(b) if a Court subordinate to the High Court refers the question to the High Court for directions; or
(c) upon application made by the Public Prosecutor or the person charged,
decide by which Court the offence shall be inquired into or tried: Provided that before the decision is taken by the High Court the Public Prosecutor and the person charged shall be entitled to be heard.
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Liability for offences committed out of Malaysia
127A. (1) Any offence under Chapter VI of the Penal Code, any offence under any of the written laws specified in the Schedule to the Extra-territorial Offences Act 1976 [Act 163], or any offence under any other written law the commission of which is certified by the Attorney General to affect the security of Malaysia committed, as the case may be--
(a) on the high seas on board any ship or on any aircraft registered in Malaysia;
(b) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft; or
(c) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia,
may be dealt with as if it had been committed at any place within Malaysia:
Provided--
(i) that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Malaysia unless a diplomatic officer, if there is one, in the territory in which the offence is alleged to have been committed certifies that, in his opinion, the charge ought to be inquired into in Malaysia; and,
where there is no diplomatic officer, the sanction of the Public Prosecutor shall be required:
(ii) that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against that person for the same offence if the offence had been committed in Malaysia shall be a bar to further proceedings against him under any written law relating to extradition or the surrender of fugitive criminals in force in Malaysia in respect of the same offence in any territory beyond the limits of West Malaysia.
(2) For the purposes of this section the expression "permanent resident" has the meaning assigned by the Courts of Judicature Act 1964.
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Power to direct copies of depositions and exhibits to be received in evidence
127B. Wherever any such offence as is referred to in section 127A is being inquired into or tried, the Public Prosecutor may, if he thinks fit, direct that copies of depositions made or exhibits produced before the diplomatic officer in or for the territory in which the offence is alleged to have been committed shall be received as evidence by the Court holding the inquiry or trial in any case in which the Court might issue a commission for taking evidence as to the matter to which the depositions or exhibits relate.
Conditions Requisite for Initiation of Proceedings Cognizance of offences by Magistrates
128. (1) Subject to this Code, a Magistrate may take cognizance of an offence--
(a) upon receiving a complaint as defined by this Code; (b) upon his own knowledge or suspicion that an offence has been committed;
(c) whenever it appears to the Public Prosecutor that an offence has been committed and he, by warrant under his hand, requires a Magistrate to inquire into the offence and that Magistrate receives the warrant;
(d) on any person being brought before him in custody without process accused of having committed an offence which the Magistrate has jurisdiction to try.
(2) When a Magistrate takes cognizance of an offence under paragraph (b) the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by that Magistrate but shall be tried by another Magistrate. Sanction required for prosecution for certain offences
129. (1) Except in the case of complaints laid by the Public Prosecutor no Court shall take cognizance--
(a) of any offence punishable under sections 172 to 188 of the Penal Code except with the previous sanction of the Public Prosecutor or on the complaint of the public servant concerned or of some public servant to whom he is subordinate;
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(b) of any offence punishable under section 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228 of the Penal Code except with the previous sanction of the Public Prosecutor or when the offence is committed in or in relation to any proceeding in any Court on the complaint of such Court;
(c) of any offence described in section 463 or punishable under section 471, 475 or 476 of the Penal Code except with the previous sanction of the Public Prosecutor, or when the offence has been committed by a party to any proceeding in Court in respect of a document given in evidence in the proceeding on the complaint of such Court.
(2) The provisions of subsection (1) with reference to the offences named in it apply also to the abetment of those offences and attempts to commit them.
(3) The sanction referred to in this section shall be in writing and may be expressed in general terms and need not name the accused person, but it shall so far as practicable specify the Court or other place in which and the occasion on which the offence was committed.
(4) When a sanction is given in respect of any offence referred to in this section the Court taking cognizance of the case may frame a charge of any other offence so referred to which is disclosed by the facts.
(5) No such sanction shall remain in force unless acted upon within one month from the date on which it was given. Where complaint by Public Prosecutor is necessary
130. No Court shall take cognizance of any offence punishable under Chapter VI of the Penal Code, except section 127, or punishable under section 108A, 298A or 505 of the Penal Code unless upon complaint made by the Public Prosecutor or by some officer empowered by him on that behalf.
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Where complaint by person aggrieved
131. No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Penal Code or under sections 493 to 496 both inclusive, except upon a complaint made by some person aggrieved by the offence or by the Public Prosecutor. Where complaint by husband
132. No Court shall take cognizance of an offence under section 498 of the Penal Code except upon a complaint made by the husband of the woman.
CHAPTER XV
COMPLAINTS TO MAGISTRATES
Examination of complainant
133. (1) When a Magistrate takes cognizance of an offence on a complaint--
(a) the Magistrate shall set a date to examine the complainant in accordance with this section;
(b) the Magistrate shall serve on the Public Prosecutor a notice in writing at least seven clear days before the date of the examination of the complainant and such notice shall specify the date of the examination of the complainant and the particulars of the complaint received by the Magistrate under section 128;
(c) the Magistrate shall not proceed to examine the complainant unless the notice required by paragraph (b) has been served on the Public Prosecutor in accordance with that paragraph;
(d) the Magistrate shall examine the complainant upon oath and the substance of the examination of the complainant shall be reduced to writing and shall be signed by the complainant and by the Magistrate;
(e) the Public Prosecutor may appear and assist the Magistrate in the examination of the complainant.
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(1A) Notwithstanding subsection (1), the Public Prosecutor may at any stage of the examination direct the police to investigate the offence complained of and to report thereon to the Public Prosecutor. (1B) If the Public Prosecutor directs the police to investigate the offence complained of, the Magistrate shall not proceed with the examination of the complainant.
(2) This section shall not apply to a complaint of an offence where a summons is applied for in a summons case made by a police officer, public officer or public servant acting in his official capacity.
Postponement of issue of process
134. (1) If the Magistrate sees reason to doubt the truth of a complaint of an offence of which he is authorized to take cognizance he may, when the complainant has been examined, record his reason for doubting the truth of the complaint and may then postpone the issue of process for compelling the attendance of the person complained against and either inquire into the case himself or direct some police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to him and to the Public Prosecutor the result of those inquiries. (2) If the Magistrate decides to inquire into the case himself in accordance with subsection (1), the Magistrate shall serve on the Public Prosecutor a notice in writing at least seven clear days before the date of the inquiry and the Public Prosecutor may appear and assist the Magistrate in such inquiry. Dismissal of complaint
135. (1) The Magistrate before whom a complaint is made may dismiss the complaint if after examining the complainant and recording his examination and considering the result of the inquiry, if any, made under section 134, there is in his judgment no sufficient ground for proceeding.
(2) The Magistrate if he dismisses the complaint shall record his reasons for so doing.
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(3) Notwithstanding subsections (1) and (2), the Public Prosecutor may, if he thinks fit, inform the Magistrate that no prosecution shall proceed in respect of the offence complained of, and thereupon the Magistrate shall dismiss the complaint.
CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE A
MAGISTRATE'S COURT
Issue of process
136. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of the First Schedule a summons should issue in the first instance, he shall issue a summons for the attendance of the accused. (2) If the case appears to be one in which according to that column a warrant should issue in the first instance, he may issue a warrant or if he thinks fit, a summons for causing the accused to be brought or to appear at a certain time before himself or some other Magistrate having jurisdiction.
(3) Nothing in this section shall be deemed to affect section 47. Personal attendance of accused may be dispensed with
137. (1) Whenever a Magistrate issues a summons, he may, at his discretion, by indorsement thereon or footnote thereto, dispense, subject to such conditions as he may deem fit to impose, with the personal attendance of the accused and permit him to appear by advocate.
(2) In any case relating to an offence punishable by fine only or by imprisonment only of a term not exceeding three months or by both fine and imprisonment not exceeding three months and in which a Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the Magistrate plead guilty and submit to pay any fine which may be imposed in respect of that offence and the Magistrate may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine.
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(3) In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the Magistrate shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within seven days from the day on which the Magistrate's letter was delivered at that address in the ordinary course of post. (4) The Magistrate inquiring into or trying the case may in his discretion at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce the attendance in the manner hereinbefore provided.
(5) A sentence of imprisonment without the option of a fine shall not be pronounced in the absence of the accused but the Magistrate, if he intends to pass such a sentence, shall direct and enforce the personal attendance of the accused in accordance with subsection (4), and upon the attendance may, subject to subsection (6), pass sentence according to law.
(6) Upon the accused appearing as aforesaid the Magistrate shall, if the accused desires to withdraw his plea of guilty and claim trial, and notwithstanding any order of conviction made in his absence, permit the accused to withdraw such plea and shall thereupon hear and determine the case and, if the accused is convicted, pass sentence according to law.
(7) Nothing in this section contained shall affect the powers of the Court conferred by paragraph 173(o).
CHAPTER XVII
PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE
HIGH COURT
138151. (Deleted by Act A908).
CHAPTER XVIIA
SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES
TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS
LEGALLY REPRESENTED
151A151B. (Deleted by Act A908).
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CHAPTER XVIII
THE CHARGE
Form of charge
152. (1) Every charge under this Code shall state the offence with which the accused is charged.
(2) If the law which creates the offence gives it any specific name the offence may be described in the charge by that name only.
(3) If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6) If the accused has been previously convicted of any offence, and it is intended to prove that previous conviction for the purpose of increasing the punishment which the Court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge. If the statement is omitted the Court may add it at any time before sentence is passed.
ILLUSTRATIONS
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Penal Code; that it did not fall within any of the general exceptions of the same Code and that it did not fall within any of the five exceptions to section 300, or that if it did fall within exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 326 of the Penal Code with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the Penal Code, and that the general exceptions did not apply to it. 87Criminal Procedure Code
(c) A is accused of murder, cheating, theft, extortion, criminal intimidation, or using a false property-mark. The charge may state that A committed murder or cheating or theft or extortion or criminal intimidation or that he used a false property-mark without reference to the definitions of those crimes contained in the Penal Code; but the sections under which the offence is punishable must in each instance be referred to in the charge. (d) A is charged under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. Particulars as to time, place and person
153. (1) The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 164: Provided that the time included between the first and last of such dates shall not exceed one year.
When manner of committing offence must be stated
154. When the nature of the case is such that the particulars mentioned in sections 152 and 153 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. ILLUSTRATIONS
(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
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(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.
Sense of words used in charge to describe offence
155. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable. Effect of errors
156. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded, at any stage of the case, as material unless the accused was in fact misled by that error or omission.
ILLUSTRATIONS
(a) A is charged under section 242 of the Penal Code with "having been in possession of counterfeit coin, having known at the time when he became possessed of it that the coin was counterfeit" the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses, and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from these facts that the omission to set out the manner of the cheating was, in this case, a material error. 89Criminal Procedure Code
(d) A is charged with the murder of John Smith on 6 June 1910. In fact the murdered person's name was James Smith and the date of the murder was 5 June 1910. A was never charged with any murder but one, and had heard the inquiry before the Magistrate which referred exclusively to the case of James Smith. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.
(e) A was charged with murdering James Smith on 5 June 1910, and John Smith (who tried to arrest him for that murder) on 6 June 1910. When charged for the murder of James Smith he was tried for the murder of John Smith. The witnesses present in his defence were witnesses in the case of James Smith. The Court may infer from this that A was misled and that the error was material.
157. (Deleted by Act A1132). Court may alter or add to charge
158. (1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
When trial may proceed immediately after alteration or addition
159. If a charge is framed or alteration or addition made under either section 157 or 158, the Court shall immediately call upon the accused to plead thereto and to state whether he is ready to be tried on the charge or altered or added charge. If the accused declares that he is not ready, the Court shall duly consider the reasons he may give and if proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after the charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered or added charge had been the original charge. When new trial may be directed or trial suspended
160. If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
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Stay of proceedings if prosecution of offence in altered charge requires previous sanction
161. If the offence stated in the new or altered or added charge is one for the prosecution of which previous sanction is necessary the case shall not be proceeded with until the sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded. Recall of witnesses when charge altered
162. Whenever a charge is altered or added by the Court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine, with reference to the alteration or addition, any witness who may have been examined, and may also call any further evidence which may be material.
Separate charges for distinct offences
163. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 164, 165, 166 and 170.
ILLUSTRATION
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.
Three offences of same kind within twelve months may be charged together
164. (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with and tried at one trial for any number of them not exceeding three.
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(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Penal Code, or of any other law for the time being in force: Provided that, for the purpose of this section, an offence punishable under section 379, 380, 382, 392, 393, 394, 395, 396 or 397 of the Penal Code shall be deemed to be an offence of the same kind as an offence punishable under any other of the said sections, and that an offence punishable under any section of the Penal Code or of any other law for the time being in force shall be deemed to be an offence of the same kind as an attempt to commit such an offence, when such an attempt is an offence.
Trial for more than one offence
165. (1) If in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.
(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of those offences.
(3) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined, or for any offence constituted by any one or more of those acts.
(4) Nothing contained in this section shall affect section 71 of the Penal Code.
ILLUSTRATIONS
to subsection (1)
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with and tried for offences under sections 225 and 333 of the Penal Code. 92 Laws of Malaysia ACT 593
(b) A has in his possession several seals, knowing them to be counterfeit, and intending to use them for the purpose of committing several forgeries punishable under section 446 of the Penal Code. A may be separately charged with and convicted of the possession of each seal under section 473 of the Penal Code.
(c) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with and convicted of two offences under section 211 of the Penal Code.
(d) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of offences under sections 211 and 194 of the Penal Code. (e) A, with six others, commits the offence of rioting, grievous hurt, and assaulting a public servant endeavouring, in the discharge of his duty as such, to suppress the riot. A may be separately charged with and convicted of offences under sections 145, 325 and 152 of the Penal Code. (f) A threatens B, C and D at the same time with injury to their persons, with intent to cause alarm to them. A may be separately charged with and convicted of each of the three offences under section 506 of the Penal Code. The separate charges referred to in illustrations (a) to (f), respectively, may be tried at the same time.
to subsection (2)
(g) A wrongfully strikes B with a cane. A may be separately charged with and convicted of offences under sections 352 and 323 of the Penal Code. (h) Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with and convicted of offences under sections 411 and 414 of the Penal Code.
(i) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of offences under sections 317 and 304 of the Penal Code.
(j) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with and convicted of offences under sections 471 (read with 466) and 196 of the Penal Code. to subsection (3)
(k) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with and convicted of offences under sections 323, 392 and 394 of the Penal Code.
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Where it is doubtful what offence has been committed
166. If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of those offences; and any number of the charges may be tried at once, or he may be charged in the alternative with having committed some one of the said offences.
ILLUSTRATIONS
(a) A is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust, and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust, or cheating.
(b) A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false.
When a person charged with one offence can be convicted of another
167. If in the case mentioned in section 166 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.
ILLUSTRATION
A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust, or of receiving stolen goods (as the case may be) though he was not charged with such offence.
Person charged with an offence can be convicted of the attempt
168. When the accused is charged with an offence he may be convicted of having attempted to commit that offence, although the attempt is not separately charged.
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When offence proved is included in offence charged
169. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it. (3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 131 or 132 of this Code when no complaint has been made as required by those sections.
ILLUSTRATIONS
(a) A is charged under section 407 of the Penal Code with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406. (b) A is charged under section 325 of the Code with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
When persons may be charged jointly
170. (1) When more persons than one are accused of the same offence or of different offences committed in the same transaction, or when one person is accused of committing an offence and another of abetment of or attempt to commit the same offence, they may be charged and tried together or separately as the Court thinks fit, and the provisions contained in the former part of this Chapter shall apply to all the charges.
ILLUSTRATIONS
(a) A and B are accused of the same murder. A and B may be charged and tried together for the murder.
(b) A and B are both charged with a theft, and B is charged with two other thefts committed by him in the course of the same transaction. A and B may be both tried together on a charge charging both with the one theft and B alone with the two other thefts.
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(c) A and B, being members of opposing factions in a riot, should be charged and tried separately.
(d) A and B are accused of giving false evidence in the same proceeding. They should be charged and tried separately.
(2) Persons accused of an offence which includes theft, extortion, criminal breach of trust, cheating or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment of or attempting to commit any such last-named offence, may be charged and tried together. Withdrawal of remaining charges on conviction on one of several charges
171. (1) When more charges than one are made against the same person and when a conviction has been had on one or more of them, the officer conducting the prosecution may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into or trial of the charge or charges.
(2) Such withdrawal or stay shall have the effect of an acquittal on such charge or charges, unless the conviction is set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn or not proceeded with. Outstanding offences
171A. (1) Where in any criminal proceedings instituted by or on behalf of the Public Prosecutor the accused is found guilty of an offence, the Court, in determining and in passing sentence, may, with the consent of the prosecutor and the accused, take into consideration any other outstanding offence or offences which the accused admits to have committed:
Provided that, if any criminal proceedings are pending in respect of any such outstanding offence or offences and those proceedings were not instituted by or on behalf of the Public Prosecutor, the Court shall first be satisfied that the person or authority by whom those proceedings were instituted consents to that course. 96 Laws of Malaysia ACT 593
(2) When consent is given as in subsection (1) and an outstanding offence is taken into consideration, the Court shall enter or cause an entry to that effect to be made on the record and upon sentence being pronounced the accused shall not, unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration. Charges to be in forms in Second Schedule
172. (1) All charges upon which persons are tried before the High Court shall be brought in the name of the Public Prosecutor, and be as nearly as possible in accordance with the forms in the Second Schedule and shall be signed by the Public Prosecutor or by some person authorized by him in that behalf, and in the latter case the words "By authority of the Public Prosecutor" shall be prefixed to the signature.
(2) The proceedings shall not abate or determine by reason of the death or removal from office of the Public Prosecutor. CHAPTER XIX
SUMMARY TRIALS BY MAGISTRATES
Procedure in summary trials
173. The following procedure shall be observed by Magistrates in summary trials:
(a) When the accused appears or is brought before the Court a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried.
(b) If the accused pleads guilty to the charge, whether as originally framed or as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him. 97Criminal Procedure Code
(c) If the accused refuses to plead or does not plead or claims to be tried, the Court shall proceed to take all such evidence as may be produced in support of the
prosecution.
(d) When the Court thinks it necessary it shall obtain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary.
(e) The accused shall be allowed to cross-examine all the witnesses for the prosecution.
(f) (i) When the case for the prosecution is concluded the Court shall consider whether the prosecution has
made out a prima facie case against the
accused.
(ii) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(g) Nothing in paragraph (f) shall be deemed to prevent the Court from discharging the accused at any previous stage of the case if for reasons to be recorded by the Court it considers the charge to be groundless.
(h) (i) If the Court finds that a prima facie case has been made out against the accused on the offence charged, the Court shall call upon the accused to enter on his defence.
(ii) If the Court finds that a prima facie case has been made out against the accused on an offence other
than the offence charged which the Court is competent to try and which in the opinion of the Court it ought to try, the Court shall amend the charge.
(i) The charge if amended shall be read to the accused as amended and he shall be again asked whether he is guilty of the offence in the charge as amended.
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(j) (i) If the accused pleads guilty to the charge as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(ii) If the accused does not plead guilty to the charge as amended, the accused shall be called upon to enter on his defence.
(iii) When the accused is called upon to enter on his defence, he may produce his evidence and shall be allowed to recall and cross-examine any witness
present in the Court or its precincts:
Provided that if the accused elects to be called
as a witness, his evidence shall be taken before
that of other witnesses for the defence:
Provided further that any accused person who
elects to be called as a witness may be
cross-examined on behalf of any other accused
person.
(k) If the accused puts in any written statement the Court shall file it with the record.
(l) (i) If the accused applies to the Court to issue any process for compelling the attendance of any witness (whether he has or has not been previously examined in the case) for the purpose of examination or cross- examination or the production of any document or
other thing, the Court shall issue the process unless it considers that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice, in which case that ground shall be recorded by it in writing. (ii) The Court may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in Court.
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(m) (i) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.
(ii) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it and the Court shall pass sentence according to law.
(iii) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.
(n) When the proceedings have been instituted upon the complaint of some person upon oath under section 133 and upon any day fixed for the hearing of the case the complainant is absent and the offence may lawfully be compounded, the Court may, in its discretion,
notwithstanding anything hereinbefore contained, discharge the accused at any time before calling upon him to enter upon his defence.
(o) If the accused does not appear at the time and place mentioned in the summons and it appears to the Court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment the Court may either proceed ex parte to hear and determine the complaint or may adjourn the hearing to a future day.
Power to discharge conditionally or unconditionally 173A. (1) Notwithstanding anything contained in section 173, the Court shall have the powers contained in this section. (2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is 100 Laws of Malaysia ACT 593
inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either--
(a) dismissing the charge or complaint after an admonition or a caution to the offender as to the Court seems fit; or (b) discharge the offender conditionally on his entering into a bond with or without sureties, to be of good behaviour and to appear for the conviction to be recorded and for sentence when called upon at any time during such period, not exceeding three years, as may be specified in the order.
(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss (not exceeding the sum of fifty ringgit) or to pay the costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.
(4) An order under this section shall for the purpose of revesting or restoring stolen property, and of enabling the Court to make such order as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with the restitution or delivery, have the like effect as a conviction for an offence committed in respect of such property.
(5) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
(6) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate who may-- (a) either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence whichever shall first happen; or (b) admit him to bail with a sufficient surety conditioned on his appearing for judgment.
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(7) The offender when so remanded may be committed to prison and the warrant of remand shall order that he shall be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release. Addresses
174. In summary trials under this Chapter-- (a) the officer conducting the prosecution need not open the case but may immediately produce his evidence;
(b) when the accused is called upon to enter on his defence, he or his advocate may before producing his evidence open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and if the accused gives evidence or witnesses are examined on his behalf may sum up his case; and
(c) the officer conducting the prosecution shall have the right of reply on the whole case when the accused has adduced evidence.
Power to award compensation
175. (1) If in any case the Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious it may, in its discretion, either on the application of the accused or on its own motion, order the complainant or the person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation, not exceeding twenty-five ringgit, as the Court thinks fit:
Provided that the Court--
(a) shall record and consider any objections which the complainant or informant may urge against the making of the order; and
(b) shall record its reasons for making the order. (2) (Omitted).
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(3) At the time of awarding compensation in any subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation under this subsection upon proof of the same.
Particulars to be recorded
176. (1) In proceedings under this Chapter the Court shall keep a record of the particulars of each case by using and completing or causing to be completed a charge sheet in accordance with such forms as the Chief Judge may direct and, where all necessary particulars cannot conveniently be entered on any such form, by annexing to it any requisite number of continuation sheets. (2) The particulars to be incorporated in the record shall include: (a) the name of the Court and the serial number of the case; (b) the name and, where female, the sex of the accused; (c) the address of the accused;
(d) the charge;
(e) the return date of the summons, if any;
(f) the date of issue of the summons or warrant, if any; (g) the name and address of the complainant, if any, the date of the complaint and the value of any property involved; (h) the date of arrest;
(i) the date of first appearance before the Court; (j) the nationality of the accused;
(k) the age of the accused;
(l) the particulars of any bail or bond offered or taken either through the police or the Court;
(m) the plea of the accused;
(n) the name and title of the officer or name of the advocate conducting the prosecution and the name of the advocate, if any, appearing for the accused;
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(o) the date of each adjournment or postponement and the date to which the adjournment or postponement was made and the grounds for making the same;
(p) the Court's note of the evidence, if any;
(q) findings;
(r) the Court's note on previous convictions, evidence of character, and plea in mitigation, if any;
(s) the sentence or other final order;
(t) the judgment, if written;
(u) the date on which the proceedings terminated; (v) the particulars of any remand warrant, fine receipt and warrant of commitment,
and, in the event of an appeal being lodged,
(w) the dates of the notice of appeal, of any request for notes of evidence, of any notice that the notes of evidence can be had on payment, of the service of the Court's grounds of decision, and of the transmission of the record to the High Court;
(x) if the judgment was oral, the ground of decision; (y) the High Court's serial number of the appeal; (z) the result of the appeal and the date on which the Court was informed of it.
(3) The record shall be authenticated by the signature of the presiding officer of the Court, and shall be filed in such manner as the Chief Judge may direct.
Transfer of cases
177. In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause the case is one which in the opinion of the Magistrate ought to be tried by some Court of higher jurisdiction than his own, or if before or during the trial application is made by the Public Prosecutor, the Magistrate shall stay proceedings and transfer the case to a higher Court. 104 Laws of Malaysia ACT 593
Transmission of case to, and trial by, the High Court 177A. (1) A prosecution in respect of an offence which is to be tried by the High Court in accordance with Chapter XX, shall not be instituted except by or with the consent of the Public Prosecutor:
Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(2) In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate's Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable:
Provided that when the accused is brought before the Magistrate's Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto.
(3) When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
CHAPTER XX
TRIALS BEFORE THE HIGH COURT
Commencement of trial
178. (1) When the Court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried. 105Criminal Procedure Code
(2) If the accused pleads guilty the plea shall be recorded, and he may be convicted on it:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(3) If the accused refuses to plead or does not plead, or if he claims to be tried, the Court shall proceed to try the case. Opening case for prosecution
179. (1) The officer conducting the prosecution shall open his case by stating shortly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused. (2) He shall then examine his witnesses, who may in turn be cross-examined for the defence and, if necessary, re-examined. Procedure after conclusion of case for prosecution
180. (1) When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.
(2) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(3) If the Court finds that a prima facie case has been made out against the accused on the offence charged the Court shall call upon the accused to enter on his defence.
Defence
181. (1) When the accused is called upon to enter on his defence he or his advocate may then open his case, stating the facts or law on which he intends to rely and making such comments as he 106 Laws of Malaysia ACT 593
thinks necessary on the evidence for the prosecution. He may then examine his witnesses, if any, and after their cross-examination and re-examination, if any, may sum up his case:
Provided always that if any accused person elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:
Provided also that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.
(2) The accused shall be allowed to examine any witness not previously named by him under the provisions of this Code if that witness is in attendance.
Reply
182. In all cases the officer conducting the prosecution shall have the right to reply on the whole case, whether the accused adduces evidence or not.
Procedure at the conclusion of the trial
182A. (1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt. (2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.
(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.
Sentence
183. If the accused is convicted, the Court shall pass sentence according to law.
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Chapter XXI
TRIALS BEFORE THE HIGH COURT WITH THE
AID OF ASSESSORS
183A199. (Deleted by Act A908).
Chapter XXII
TRIALS BY JURY BEFORE THE HIGH COURT
199A-235. (Deleted by Act A908).
Chapter XXIII
JURORS AND ASSESSORS
235A251. (Deleted by Act A908).
Chapter XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
252252A. (Deleted by Act A908).
Procedure where there are previous convictions
253. Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall be modified as follows:
(a) the part of the charge stating the previous conviction shall not be read out in Court, nor shall the accused be asked whether he has been previously convicted as alleged in the charge unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the charge;
(c) if he answers that he has been so previously convicted the Court may proceed to pass sentence on him accordingly, but if he denies that he has been so previously convicted or refuses to or does not answer such question the Court shall inquire concerning such previous conviction. 108 Laws of Malaysia ACT 593
Public Prosecutor may decline to prosecute further at any stage
254. (1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.
(2) At any stage of any trial before a Sessions Court or a Magistrates Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same. (3) Such discharge shall not amount to an acquittal unless the Court so directs.
Right of accused to be defended
255. Subject to any express provision of law to the contrary, every person accused before any Criminal Court may of right be defended by an advocate.
Court may put questions to accused
256. (1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may at any stage of a trial, without previously warning the accused, put such questions to him as the Court considers necessary. (2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them, but the Court may draw such inference from the refusal or answers as it thinks just.
(3) The answers given by the accused may be taken into consideration in the trial and put in evidence for or against him in any other trial for any other offence which those answers may tend to show he has committed.
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(4) The examination of the accused shall be for the purpose of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination on whatever suggests itself to the Court.
(5) The discretion given by this section for questioning a prisoner shall not be exercised for the purpose of inducing him to make statements criminatory of himself.
(6) It shall only be exercised for the purpose of ascertaining from a prisoner how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained.
(7) Questions shall not be put to the prisoner merely to supplement the case for the prosecution when it is defective. (8) Whenever the accused is examined under this section by any Court other than the High Court the whole of the examination including every question put to him and every answer given by him shall be recorded in full in English, and the record shall be shown or read to him or, if he does not understand the English language, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
(9) When the whole has been made conformable to what the accused declares to be the truth the record shall be signed by the presiding Magistrate.
Case for prosecution to be explained by Court to undefended accused
257. (1) At every trial before the Court of a Magistrate if and when the Court calls upon the accused for his defence it shall, if he is not represented by an advocate, inform him of his right to give evidence on his own behalf, and if he elects to give evidence on his own behalf shall call his attention to the principal points in the evidence for the prosecution which tell against him in order that he may have an opportunity of explaining them. (2) The failure at any trial of any accused to give evidence shall not be made the subject of adverse criticism by the prosecution. 110 Laws of Malaysia ACT 593
Procedure where accused does not understand proceedings
258. If the accused, though not insane, cannot be made to understand the proceedings the Court may proceed with the trial and, in the case of the Court of a Magistrate if the trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the Court of a Judge shall make therein such order or pass such sentence as it thinks fit. Power to postpone or adjourn proceedings
259. (1) If, from the absence of a witness or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any inquiry or trial the Court may, by order in writing, from time to time, postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable and may, by warrant, remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding eight days at a time:
Provided further that where a Government Medical Officer has certified that the complainant will not be able to give evidence before a certain date the accused may be remanded until such date notwithstanding that the term of remand may exceed eight days.
(2) Every order made under this section by the Court of a Magistrate shall be in writing, signed by the presiding Magistrate, and shall state the reasons for it.
Explanation--If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Compounding offences
260. (1) The offences punishable under the Penal Code described in the first two columns of Part A may, when no prosecution for such offence is actually pending, be compounded by the person mentioned in the third column of Part A; or when a prosecution for such offence is actually pending, be compounded by the person with the consent of the Court before which the case is pending. 111Criminal Procedure Code
(2) The offences punishable under the Penal Code described in Part B may, with the consent of the Court before which the case is pending, be compounded by the person to whom the hurt has been caused.
(3) When any offence is compoundable under this section the abetment of the offence or an attempt to commit the offence (when the attempt is itself an offence) may be compounded in like manner. (4) When the person who would otherwise be competent to compound an offence under this section is not competent to contract any person competent to contract on his behalf may compound the offence.
(5) The composition of an offence under this section shall have the effect of an acquittal of the accused.
(6) No offence under the Penal Code not mentioned in this section shall be compounded.
PART A
Offence Section of Penal Person by whom
Code applicable offence may be
compounded
Uttering words, etc., with 298 The person whose
deliberate intent to wound religious feelings are the religious feeling of intended to be
any person wounded
Causing hurt ... ... ... 323, 334 The person to whom the hurt is caused
Wrongfully restraining 341, 342 The person restrained or confining any person or confined
Assault or use of 352, 355, 358 The person assaulted criminal force or to whom criminal
force is used
Unlawful compulsory 374 The person compelled
labour to labour
Mischief when the only 426, 427 The person to whom loss or damage caused is the loss or damage is
loss or damage to a caused
private person
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Criminal trespass ... ... 447 The person in
possession of the
property trespassed
upon
House-trespass ... ... 448 The person in
possession of the
property trespassed
upon
Criminal breach of contract 491 The person with whom of service the offender has
contracted
Enticing or taking away or 498 The husband of the detaining with a criminal woman
intent a married woman
Defamation ... ... 500 The person defamed
Printing or engraving matter 501 "
knowing it to be defamatory
Sale of printed or engraved 502 "
substance containing
defamatory matter knowing
it to contain such matter
Insult intended to provoke a 504 The person insulted Breach of the peace
PART B
Offence Section of the
Penal Code
applicable
Voluntarily causing grievous hurt ... ... ... ... 325 Voluntarily causing grievous hurt on sudden 335
provocation
Causing hurt by an act which endangers life ... 337 Causing grievous hurt by an act which endangers life 338 Offence Section of Penal Person by whom
Code applicable offence may be
compounded
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Change of Magistrate during hearing
261. Whenever any Magistrate after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction in it and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the inquiry or trial:
Provided as follows:
(a) in any trial the accused may, when the second Magistrate commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard;
(b) the High Court may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Magistrate before whom the conviction was had, if that Court is of opinion that the accused has been materially prejudiced thereby, and may order a new trial.
Detention of offenders attending in Court
262. (1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by that Court for the purpose of examination for any offence of which that Court can take cognizance and which, from the evidence, he may appear to have committed, and may be proceeded against as though he had been arrested or summoned.
(2) When the detention takes place after a trial has been begun, the proceedings in respect of that person shall be commenced afresh and the witnesses re-heard.
Weekly or public holiday
263. No proceeding of any Criminal Court shall be invalid by reason of its happening on a weekly holiday or public holiday. 114 Laws of Malaysia ACT 593
CHAPTER XXV
MODE OF TAKING AND RECORDING EVIDENCE IN
INQUIRIES AND TRIALS
Evidence to be taken in presence of accused
264. Except as otherwise expressly provided all evidence taken under Chapters XIX and XX shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.
Manner of recording evidence
265. In inquiries and trials under this Code by or before a Magistrate the evidence of the witnesses shall be recorded in the manner provided by this Chapter.
Recording evidence in summons cases
266. (1) In summons cases tried before a Magistrate, the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record.
(2) If the Magistrate is prevented from making a note as required in subsection (1) he shall record the reason of his inability to do so and shall cause such note to be made in writing from his dictation in open court and shall sign the same, and such note shall form part of the record.
Recording evidence in other cases
267. In all other trials before a Magistrate's Court, and in all inquiries under Chapter XI, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record.
Record to be in narrative form
268. (1) Evidence taken under section 267 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.
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(2) The presiding Magistrate may, in his discretion, take down any particular question and answer.
Reading over evidence and correction
269. (1) The evidence of each witness taken in inquiries under Chapter XI shall be read over to him in the presence and hearing of the accused, if in attendance, or of his advocate, if he appears by advocate, and shall if necessary be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him the presiding Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness, and shall add such remarks as he thinks necessary.
(3) The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.
(4) When the evidence has been read over to the witness and every correction, if any, asked for by him has been made or noted the witness shall subscribe the deposition with his signature, and in the event of his refusing to do so the Magistrate shall record such refusal.
(5) When a deposition has been read over to a witness and acknowledged to be correct the Magistrate shall append to the evidence of the witness a certificate signed with his signature or initials to the following effect:
"Read over (and interpreted) to the witness in the presence and hearing of the accused and admitted by the witness to be correct.".
(6) The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.
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Interpretation of evidence to accused
270. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands. (2) When documents are put in for the purpose of formal proof it shall be in the discretion of the Court to interpret as much of it as appears necessary.
Remarks as to demeanour of witness
271. A presiding Magistrate recording the evidence of a witness may, at the conclusion of the evidence and at the foot of the notes of it, record such remarks, if any, as he thinks material respecting the demeanour of the witness while under examination. Judge to take notes of evidence
272. In all criminal cases tried before the High Court the Judge shall take down in writing notes of the evidence adduced. Other persons may be authorized to take down notes of evidence 272A. Nothing in this Chapter shall prevent a Judge or Magistrate in an inquiry or trial causing verbatim notes to be taken by another person of what each witness deposes in addition to any note of a substance of it which may be made or taken by the Judge or Magistrate himself; and such note shall form part of the record. CHAPTER XXVI
JUDGMENT
Mode of delivering judgment
273. The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some subsequent time of which due notice shall be given to the parties or their advocates, and the accused shall, if in custody, be brought up or, if not in custody, shall be required to attend to 117Criminal Procedure Code
hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only.
274. (Deleted by F.M. No. 1 of 1948). Sentence of death not to be passed on pregnant woman
275. Where a woman convicted of an offence punishable with death is alleged to be pregnant, or where the Court before whom a woman is so convicted thinks fit, the Court shall direct one or more medical practitioners to be sworn to examine that woman in some private place and to enquire whether she is pregnant or not, and if upon the report of any of them it appears that she is pregnant the sentence to be passed upon her shall be a sentence of imprisonment for *life instead of sentence of death.
Judgment in the alternative
276. When a conviction is under the Penal Code and it is doubtful under which of two sections or under which of two parts of the same section of that Code the offence falls, the Court shall state accordingly and pass judgment in the alternative. Judgment of death
277. When any person is sentenced to death the sentence shall direct that he be hanged by the neck till he is dead, but shall not state the place where nor the time when the sentence is to be carried out.
Judgment not to be altered
278. No Court, other than a High Court, having once recorded its judgment, shall alter or review the same:
Provided that a clerical error may be rectified at any time, and that any other mistake may be rectified at any time before the Court rises for the day.
*NOTE--A sentence of imprisonment for life shall be deemed for all purposes to be a sentence of imprisonment for twenty yearssee section 3 of the Criminal Justice Act 1953 [Act 345]. 118 Laws of Malaysia ACT 593
Judgment to be explained to accused and copy supplied
279. The judgment shall be explained to the accused and on his application a copy of the judgment or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay. Such copy shall, in any case other than a summons case, be given free of cost.
Judgment to be filed with record
280. The original judgment shall be entered on and if written filed with the record of proceedings.
CHAPTER XXVII
SENTENCES AND THE CARRYING OUT OF IT
Provisions as to execution of sentences of death
281. With regard to sentences of death the following provisions shall be followed:
(a) after sentence has been pronounced a warrant, under the seal of the Court, shall be made out for the commitment of the person sentenced to the custody of the officer in charge of the district prison, and the warrant shall be full authority to the said officer, or any officer appointed by him for that purpose, for receiving into his custody and detaining the person so sentenced until the further warrant or order of the Court;
(b) (i) in cases in which notice of appeal is not given within the prescribed period, the Judge passing sentence of death shall, as soon as conveniently may be after such period has elapsed, forward to the Menteri Besar of the State in which the crime was committed, a
copy of the notes of evidence taken on the trial, together with a report in writing signed by him,
setting out his opinion whether there are any reasons, and, if any, what reasons there are, why the sentence of death should or should not be carried out;
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(ii) in cases in which notice of appeal is given the Judge who passed sentence of death shall, as soon as
conveniently may be after the appeal has been
determined by the Court of Appeal, forward to the Federal Court the report in writing referred to in subparagraph (i); and, if the Federal Court dismisses the appeal made to it, the Judge presiding in that Court shall as soon as conveniently may be after the dismissal forward to the aforesaid Menteri Besar, the said report in writing together with a copy of the notes of evidence taken at the original trial, a copy of the record of the proceedings before the Federal Court and also such report, if any, on the case as the Federal Court may think fit to make signed by the Judge presiding in the Federal Court;
(c) the Menteri Besar shall, upon receipt of the proceedings, submit the same to the Ruler of the State and shall communicate to the Court of the Judge passing sentence a copy under his hand and seal of any order the Ruler of the State may, acting in accordance with Article 42 of the Constitution, make thereon, which order, if the sentence is to be carried out, shall state the place where the execution is to be held, and if the sentence is commuted into any other punishment shall so state; and if the person sentenced is pardoned shall so state;
(d) (i) on receiving the copy of the said order the Court shall cause the effect of the same to be entered in the records of the Court, and when the said order directs the sentence to be carried out shall appoint the time when it is to be carried out and shall endorse the time so appointed on the said order, and shall in all cases cause the order to be carried into effect by issuing a warrant or taking such other steps as may be necessary;
(ii) the Ruler of the State acting in accordance with Article 42 of the Constitution may order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution; (iii) the warrant shall be directed to the officer in charge of the prison for the district where the sentence is to be carried into effect, who shall carry the sentence into effect, in accordance with law;
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(e) (i) there shall be present at the execution of the sentence the Medical Officer in charge of the prison, the
Superintendent of Prisons, the Officer-in-Charge of the prison and such other officers of the prison as the latter may require, and there may also be present any Minister of Religion in attendance at the prison and such relations of the prisoner or other persons as the Superintendent thinks proper to admit;
(ii) as soon as may be after judgment of death has been executed the Medical Officer shall examine the body of the person executed and shall ascertain the fact of death and shall sign a certificate thereof and deliver the same to the Officer-in-Charge;
(iii) a Magistrate of the district shall, within twentyfour hours after the execution, hold an inquiry and satisfy himself of the identity of the body and whether
judgment of death was duly executed thereon, and
he shall make a report of it to the Menteri Besar of the State;
(f) when a sentence of death is avoided by the escape of the person sentenced to death execution of the sentence shall be carried into effect at such other time after his recapture as the Court shall order;
(g) no omission or error as to time and place and no defect in form in any order or warrant given under this section and no omission to comply with the provisions of
paragraph (e) shall be held to render illegal any execution carried into effect under the order or warrant, or intended so to have been carried into effect, or shall render any execution illegal which would otherwise have been legal. Provisions as to execution of sentences of imprisonment
282. With regard to sentences of imprisonment the following provisions shall be followed:
(a) where the accused is sentenced to imprisonment the Court passing the sentence shall immediately forward a warrant to the prison in which he is to be confined and, unless the accused is already confined in that prison, shall forward him in the custody of the police to that prison with the warrant;
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(b) every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the prison or other place in which the prisoner is or is to be confined;
(c) when the prisoner is to be confined in a prison the warrant shall be lodged with the officer in charge of the prison;
(d) every sentence of imprisonment shall take effect from the date on which it was passed unless the Court passing the sentence otherwise directs.
Provisions as to sentences of fine
283. (1) Where any fine is imposed under the authority of any law for the time being in force, then, in the absence of any express provision relating to the fine in such law contained, the following provisions shall apply--
(a) where no sum is expressed to which the fine may extend the amount to which the offender is liable is unlimited, but shall not be excessive;
(b) in every case of an offence in which the offender is sentenced to pay a fine the Court passing the sentence may, in its discretion, do all or any of the following things:
(i) allow time for the payment of the fine;
(ii) direct payment of the fine to be made by instalments; (iii) issue a warrant for the levy of the amount by distress and sale of any property belonging to the offender;
(iv) direct that in default of payment of the fine the offender shall suffer imprisonment for a certain
term, which imprisonment shall be in excess of
any other imprisonment to which he may be
sentenced or to which he may be liable under a
commutation of sentence:
Provided that where time is not allowed for the
payment of a fine an order for imprisonment in
default of payment shall not be issued in the first instance unless it appears to the Court that the
person has no property or insufficient property to satisfy the fine payable or that the levy of distress will be more injurious to him or his family than
imprisonment;
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(v) direct that the person to be searched and that any money found on him when so searched or which,
in the event of his being committed to prison, may be found on him when taken to prison, shall be
applied towards the payment of such fine, the
surplus, if any, being returned to him:
Provided that the money shall not be so applied
if the Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to
him than his imprisonment;
(c) the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale--
(i) if the offence is punishable with imprisonment: Where the maximum term The period shall not
of imprisonment-- exceed--
does not exceed six months the maximum term of
imprisonment
exceeds six months but six months
does not exceed two
years
exceed two years One quarter of the
maximum
term of imprisonment
(ii) if the offence is not punishable with imprisonment: Where the fine-- The period shall not
exceed--
does not exceed twenty- two months
five ringgit
exceeding twenty-five four months
ringgit but does not
exceed fifty ringgit
exceeds fifty ringgit six months;
(d) (Omitted);
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(e) the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
(f) if, before the expiration of the time of imprisonment fixed in default of payment, such a proportion of the fine is paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate;
(g) the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if under the sentence the offender is liable to imprisonment for a longer period than six years then at any time previous to the expiration of that period, and the death of the offender does not discharge from the liability any property which would after his death be legally liable for his debts.
(2) A warrant for the levy of a fine may be executed at any place in Malaysia, but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or by a First Class Magistrate having jurisdiction in the State in which it is to be executed.
Suspension of execution in certain cases
284. When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine and the Court issues a warrant under section 283, it may suspend the execution of the sentence of imprisonment and may release the offender on his executing a bond, with or without sureties as the Court thinks fit, conditioned for his appearance before that Court on the day appointed for the return to the warrant, such day not being more than fifteen days from the time of executing the bond; and in the event of the fine not having been realised the Court may direct the sentence of imprisonment to be carried into execution at once. Warrant by whom issuable
285. Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence or by his successor or other Judge or Magistrate acting in his place.
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Place for executing sentence of whipping
286. When the accused is sentenced to whipping only the sentence shall be executed at such place and time as the Court may direct. Time of executing such sentence
287. (1) When the accused is sentenced to whipping in addition to imprisonment the whipping shall not be inflicted until after the expiration of seven days from the date of the sentence or, if the imprisonment extends to fourteen days until after the expiration of fourteen days from the date of the sentence, or if an appeal is made within that time until the sentence is confirmed by the appellate court.
(2) The whipping shall be inflicted as soon as practicable after the expiration of the seven days or the fourteen days, as the case may be, or in case of an appeal as soon as practicable after the receipt of the order of the appellate court confirming the sentence. Mode of executing such sentence
288. (1) When the accused is sentenced to whipping the number of strokes shall be specified in the sentence. In no case shall the whipping exceed twenty-four strokes in the case of an adult or ten strokes in the case of a youthful offender, anything in any written law to the contrary notwithstanding.
(2) Whipping shall be inflicted on such part of the person as the Minister charged with responsibility for public order from time to time generally directs.
(3) The rattan used for whipping shall be not more than half an inch in diameter.
(4) In the case of an accused sentenced to whipping for an offence under section 403, 404, 406, 407, 408, 409 or 420 of the Penal Code, or a youthful offender, whipping shall be inflicted in the way of school discipline with a light rattan. (5) When a person is convicted at one trial of any two or more distinct offences any two or more of which are legally punishable by whipping, the combined sentences of whipping awarded by the Court for any such offences shall not, anything in any written law 125Criminal Procedure Code
to the contrary notwithstanding, exceed a total number of twenty four strokes in the case of adults and ten strokes in the case of youthful offenders.
Sentence of whipping forbidden in certain cases
289. No sentence of whipping shall be executed by instalments, and none of the following persons shall be punishable with whipping: (a) females;
(b) males sentenced to death;
(c) males whom the Court considers to be more than fifty years of age.
Medical Officer's certificate required
290. (1) The punishment of whipping shall not be inflicted unless a Medical Officer is present and certifies that the offender is in a fit state of health to undergo such punishment. (2) If, during the execution of a sentence of whipping, a Medical Officer certifies that the offender is not in a fit state of health to undergo the remainder of the sentence the whipping shall be finally stopped.
(3) Where whipping is inflicted under section 293 a Medical Officer need not be present, but such whipping shall not be inflicted unless it appears to the Court that the offender is in a fit state of health to undergo the same.
Procedure if whipping cannot be inflicted
291. (1) In any case in which under section 290 a sentence of whipping is wholly or partially prevented from being executed the offender shall be kept in custody till the Court which passed the sentence can revise it, and the said Court may in its discretion either remit the sentence or sentence the offender instead of whipping, or instead of so much of the sentence of whipping as was not executed, to imprisonment for a term which may extend to twelve months, which may be in addition to any other punishment to which he has been sentenced for the same offence. (2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term exceeding that to which the accused is liable by law or which the said Court is competent to inflict.
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Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
292. (1) When a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced to imprisonment, such imprisonment shall commence either immediately or at the expiration of the imprisonment to which he has been previously sentenced, as the Court awarding the sentence may direct.
(2) A sentence of death shall be executed notwithstanding the pendency of any sentence of imprisonment.
(3) Nothing in subsection (1) shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
Youthful offenders
293. (1) When any youthful offender is convicted before any Criminal Court of any offence punishable by fine or imprisonment, the Court may, instead of awarding any term of imprisonment in default of payment of the fine or passing a sentence of imprisonment-- (a) order the offender to be discharged after due admonition if the Court shall think fit;
(b) order the offender to be delivered to his parent or to his guardian or nearest adult relative or to such other person as the Court shall designate on such parent, guardian, relative or other person executing a bond with or without surety or sureties, as the Court may require, that he will be responsible for the good behaviour of the offender for any period not exceeding twelve months or without requiring any person to enter into any bond make an order in respect of the offender ordering him to be of good behaviour for any period not exceeding two years and containing any directions to that offender in the nature of the conditions referred to in paragraphs 294A(a), (b) and (c) which the Court shall think fit to give; (c) order the offender, if a male, to be whipped with not more than ten strokes of a light cane or rattan within the Court premises and in the presence, if he desires to be present, of the parent or guardian of that offender; or 127Criminal Procedure Code
(d) deal with the offender in the manner provided by the Juvenile Courts Act 1947 [Act 90].
(2) The Court before which a youthful offender is convicted may, in addition to or instead of punishing the offender in the manner provided in this section, inflict on his parent or guardian a fine not exceeding twenty ringgit in any case in which the Court, after summary enquiry, is satisfied that such parent or guardian has, by neglecting to take proper care or otherwise, conduced to the misconduct of that offender:
Provided that no parent or guardian shall be fine without his having had an opportunity of being heard and (if he desires it) of adducing evidence in his defence.
(3) When any order has been made under paragraph (1)(b) and the Court has reason to believe that the behaviour of the offender during the period specified in the order is not good or that the offender has not complied with any direction included in the order the Court may issue a notice addressed to the offender and to the parent, guardian, relative or other person to whom the offender has been delivered or under whose supervision the offender has been ordered to remain to show cause why that offender should not be dealt with under paragraph (1)(d) and if cause is not shown to the satisfaction of the Court, the Court may cancel the order made under the said paragraph (1)(b) and substitute for it as from the date of the cancellation an order under the Juvenile Courts Act 1947, and may if necessary issue a warrant for the apprehension of that offender so that effect may be given to the order. First offenders
294. (1) When any person not being a youthful offender has been convicted of any offence punishable with imprisonment before any Court if it appears to the Court that regard being had to the character, antecedents, age, health or mental condition of the offender or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties and during such period as the Court may direct to appear and receive judgment if and when called upon and in the meantime to keep the peace and be of good behaviour.
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(2) The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution or some portion of the same within that period and by such instalment as may be directed by the Court.
Section 432 shall be applicable to any direction made under this subsection.
(3) If a Court having power to deal with the offender in respect of his original offence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
(4) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate, and the Magistrate may either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.
(5) The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release. Conditions of bonds
294A. When any person is required by any Court to execute a bond with or without sureties and in such bond the person executing it binds himself to keep the peace or binds himself to be of good behaviour the Court may require that there be included in the bond one or more of the following conditions namely:
(a) a condition that the person shall remain under the supervision of some other person named in the bond during such period as may be specified in it;
(b) such conditions for securing the supervision as the Court may think it desirable to impose;
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(c) such conditions with respect to residence, employment, associations, abstention from intoxicating liquors or with respect to any other matter whatsoever as the Court may think it desirable to impose.
Sentence of police supervision
295. (1) When a person having previously been convicted of an offence punishable with imprisonment for a term of two years or upwards is convicted of any other offence also punishable with imprisonment for a term of two years or upwards-- (a) the High Court or a Sessions Court may direct that he be subject to the supervision of the police for a period of not more than three years commencing immediately after the expiration of the sentence passed on him for the last of such offences;
(b) a Magistrate's Court may direct that he be subject to the supervision of the police for a period of not more than one year commencing immediately after the expiration of the sentence passed on him for the last of such offences. (2) When any person subject to the supervision of the police is, while still subject to such supervision, sentenced to a term of imprisonment within Malaysia any term spent in prison shall be excluded from the period of supervision.
Obligations of persons subject to supervision
296. (1) Every person subject to the supervision of the police who is at large within Malaysia shall--
(a) notify the place of his residence to the officer in charge of the police district in which his residence is situated; (b) whenever he changes his residence within the same police district notify such change of residence to the officer in charge of the police district;
(c) whenever he changes his residence from one police district to another notify such change of residence to the officer in charge of the police district which he is leaving and to the officer in charge of the police district into which he goes to reside;
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(d) whenever he changes his residence to a place beyond the limits of Malaysia notify such change of residence and the place to which he is going to reside to the officer in charge of the police district which he is leaving; (e) if having changed his residence to a place beyond the limits of Malaysia he subsequently returns to Malaysia notify such return and his place of residence in Malaysia to the officer in charge of the police district in which his residence is situated.
(2) Every person subject to the supervision of the police, if a male, shall once in each month report himself at such time as is prescribed by the Chief Police Officer of the State in which he resides either to the Chief Police Officer himself or to such other person as that officer directs, and the Chief Police Officer or other person may upon each occasion of such report being made take or cause to be taken the finger prints of the person so reporting. Penalty for non-compliance with section 296
297. If any person subject to the supervision of the police who is at large within Malaysia--
(a) remains in any place for forty-eight hours without notifying the place of his residence to the officer in charge of the police district in which the place is situated;
(b) fails to comply with the requisitions of section 296 on the occasion of any change of residence;
(c) fails to comply with the requisitions of section 296 as to reporting himself once in each month,
he shall in every such case unless he proves to the satisfaction of the Court before which he is tried that he did his best to act in conformity with the law be liable to imprisonment for one year. Application of law to orders for police supervision made outside the Malay States
298. Sections 296 and 297 shall apply to every person who, by reason of an order made under the law for the time being in force in the Republic of Singapore or the States of Malacca or Penang, 131Criminal Procedure Code
would be subject to the supervision of police if he were at large within the Republic of Singapore or the States of Malacca or Penang, and who is at large within a Malay State. Return of warrant
299. When a sentence has been fully executed the officer executing it shall return the warrant to the Court from which it issued with an endorsement under his hand certifying the manner in which the sentence has been executed.
CHAPTER XXVIII
SUSPENSIONS, REMISSIONS AND COMMUTATIONS
OF SENTENCES
Power to suspend or remit sentence
300. (1) When any person has been sentenced to punishment for an offence the Ruler of the State acting in accordance with Article 42 of the Constitution, in which the offence was committed or in which the conviction was had may at any time, without conditions, or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to a Ruler for the suspension or remission of a sentence the Ruler may require the convicting Judge or Magistrate to state his opinion as to whether the application should be granted or refused and the Judge or Magistrate shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Ruler by whom it was granted, not fulfilled, the Ruler may cancel the suspension or remission; whereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer without warrant and remanded by a Magistrate to undergo the unexpired portion of the sentence.
(4) Nothing herein contained shall be deemed to interfere with the right of the Ruler of any State to grant pardons, reprieves, respites or remissions of punishment.
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Power to commute punishment
301. The Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it: (a) death;
(b) imprisonment;
(c) fine.
CHAPTER XXIX
PREVIOUS ACQUITTALS OR CONVICTIONS
Person once convicted or acquitted not to be tried again for same offence
302. (1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 166 or for which he might have been convicted under section 167. (2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection 165(1).
(3) A person convicted of any offence constituted by any act causing consequences which, together with that act, constituted a different offence from that of which he was convicted, may be afterwards tried for that last mentioned offence, if the consequences had not happened or were not known to the Court to have happened at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding the acquittal or conviction, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
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(5) The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. ILLUSTRATIONS
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged upon the same facts with theft as a servant, or with theft simply, or with criminal breach of trust.
(b) A is tried upon a charge of murder and acquitted. There is no charge of robbery but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with and tried for robbery.
(c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (d) A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (e) A is charged and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3) of this section. Plea of previous acquittal or conviction
303. (1) The plea of a previous acquittal or conviction may be pleaded either orally or in writing, and may be in the following form or to the following effect--
The defendant says that by virtue of section 302 of the Criminal Procedure Code he is not liable to be tried.
(2) Such plea may be pleaded together with any other plea, but the issue raised by the plea shall be tried and disposed of before the issues raised by the other pleas are tried.
(3) On the trial in the High Court of an issue on a plea of a previous acquittal or conviction the depositions transmitted to the Court on the former trial, together with the notes of the Judge if available, and the depositions transmitted to the Court on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
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PART VII
APPEAL AND REVISION
CHAPTER XXX
APPEALS TO THE HIGH COURT
Appeals from Sessions Courts
303A. Any reference in this Chapter to a Magistrate and a Magistrate's Court shall be deemed to include a reference to a Sessions Court Judge, or a Sessions Court, as the case may be; and the expressions "Magistrate" and "Magistrate's Court" shall be construed accordingly.
Cases in which no appeal lies
304. No appeal shall lie from a judgment, sentence or order of a Magistrate in the case of any offence punishable with fine only not exceeding twenty-five ringgit.
When plea of guilty limited right of appeal
305. When an accused person has pleaded guilty and been convicted by a Magistrate on that plea, there shall be no appeal except as to the extent or legality of the sentence.
Appeal against acquittal
306. When an accused person has been acquitted by a Magistrate there shall be no appeal except by, or with the sanction in writing of, the Public Prosecutor.
Procedure for appeal
307. (1) Except in any case to which section 304 applies and subject to sections 305 and 306 any person who is dissatisfied with any judgment, sentence or order pronounced by any Magistrate's Court in a criminal case or matter to which he is a party may prefer an appeal to the High Court against that judgment, sentence or order in respect of any error in law or in fact or on the ground of 135Criminal Procedure Code
the alleged excessive severity or of the alleged inadequacy of any sentence by lodging, within ten days from the time of the judgment, sentence or order being passed or made, with the clerk of the Magistrate's Court a notice of appeal in triplicate addressed to the High Court and by paying at the same time the prescribed appeal fee.
(2) Every notice of appeal shall contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate.
(3) When a notice of appeal has been lodged the Court appealed from shall make a signed copy of the grounds of decision in the case and cause it to be served upon the appellant or his advocate by leaving the said copy at the address mentioned in the notice of appeal or by posting it by registered post addressed to the appellant at the said address.
(4) Within ten days after the copy of the grounds of decision has been served as provided in subsection (3), the appellant shall lodge with the clerk of the Magistrate's Court at which the trial was held a petition of appeal in triplicate addressed to the High Court.
(5) If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Magistrate at his trial he shall lodge his petition of appeal as provided in subsection (4)-- (a) within the period provided by such subsection, or (b) within a period of ten days from the date when a notice is left at his address for service specified in subsection (2) that a copy of the notes of evidence can be had free of charge,
whichever period shall be the longer.
(6) Every petition of appeal shall state shortly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed from is alleged to have erred.
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(7) (a) If the appellant is in prison he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by this section and pays the prescribed appeal fee.
(b) Such officer shall immediately forward the notice and petition or the purport thereof together with the appeal fee to the clerk of the Magistrate's Court at which the trial was held. (8) In the case of an appeal by the Public Prosecutor no fee shall be payable.
(9) If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if any stay of execution has been granted, but nothing herein contained shall be deemed to limit or restrict the powers conferred upon a Judge by section 310.
Transmission of appeal record
308. When the appellant has complied with section 307 the Court appealed from shall transmit to the High Court and to the Public Prosecutor and to the advocate for the appellant a signed copy of the record of the proceedings and of the grounds of the decision together with a copy of the notice and of the petition of appeal.
309. (Deleted by Act 25 of 1967). Appeal specially allowed in certain cases
310. A Judge may, on the application of any person desirous of appealing who may be debarred from so doing upon the ground of his not having observed some formality or some requirement of this Code, permit an appeal upon such terms and with such directions to the Magistrate and to the parties as the Judge shall consider desirable, in order that substantial justice may be done in the matter.
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Stay of execution pending appeal
311. Except in the case of a sentence of whipping (the execution of which shall be stayed pending appeal), no appeal shall operate as a stay of execution, but the Court below or a Judge may stay execution on any judgment, order, conviction or sentence pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court below or to the Judge may seem reasonable.
Setting down appeal on list
312. (1) If the Judge does not reject the appeal summarily he shall hand the documents mentioned in section 308 to the Registrar, who shall number the appeal and enter it on the list of appeals to be heard and give notice to the parties that the appeal has been so entered.
(2) As soon as a date has been fixed the Registrar shall give to the parties notice of the date of hearing of the appeal. (3) In any case a Judge may, of his own motion or on the application of a party concerned and with reasonable notice to the parties, accelerate or postpone the hearing of an appeal. Procedure at hearing
313. (1) When the appeal comes on for hearing the appellant, if present, shall be first heard in support of the appeal, the respondent, if present, shall be heard against it, and the appellant shall be entitled to reply.
(2) If the appellant does not appear to support his appeal the Court may consider his appeal and may make such order thereon as it thinks fit:
Provided that the Court may refuse to consider the appeal or to make any such order in the case of an appellant who is out of the jurisdiction or who does not appear personally before the Court in pursuance of a condition upon which he was admitted to bail, except on such terms as it thinks fit to impose.
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Non-appearance of respondent
314. (1) If, at the hearing of the appeal, the respondent is not present and the Court is not satisfied that the notice of appeal was duly served upon him, then the Court shall not make any order in the matter of the appeal adverse to or to the prejudice of the respondent, but shall adjourn the hearing of the appeal to a future day for his appearance, and shall issue the requisite notice to him for service through the Registrar.
(2) If the service of the last-mentioned notice cannot be effected on the respondent the Court shall proceed to hear the appeal in his absence.
Arrest of respondent in certain cases
315. When an appeal is presented against an acquittal a Judge may issue a warrant directing that the accused be arrested and brought before him, and may commit him to prison pending the disposal of the appeal or admit him to bail.
Decision on appeal
316. At the hearing of the appeal the Judge may, if he considers there is no sufficient ground for interfering, dismiss the appeal, or may--
(a) in an appeal from an order of acquittal, reverse the order, and direct that further inquiry be made, or that the accused be re-tried, as the case may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction or in an appeal as to sentence--
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried; or
(ii) alter the finding, maintaining the sentence, or with or without altering the finding reduce or enhance the sentence or alter the nature of the sentence; (c) in an appeal from any other order, alter or reverse such order.
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Order to take further evidence
317. (1) In dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate. (2) When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal. (3) Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken. (4) The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry. Judgment
318. On the termination of the hearing of the appeal the Judge shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court. Certificate and consequence of judgment
319. (1) Whenever a case is decided on appeal by a Judge under this Chapter he shall certify his judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.
(2) Whenever an appeal is not dismissed such certificate shall state the grounds upon which the appeal was allowed or the decision of the Magistrate's Court was varied.
(3) The Court to which a Judge certifies his judgment or order shall thereupon make such orders as are conformable to the judgment or order of the Judge and, if necessary, the record shall be amended in accordance therewith.
Death of parties to appeal
320. Every appeal under section 306 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal against a sentence of fine) shall finally abate on the death of the appellant.
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321. (Deleted by Act 25 of 1967). Costs
322. (1) Subject to the following subsections, in all proceedings under this and the following Chapter a Judge shall have power to award such costs as he may deem fit to be paid by the complainant to the accused or by the accused to the complainant: Provided that no costs whatsoever shall be awarded in any proceedings brought against an order of acquittal. (2) Such costs shall be assessed by the Judge at the time when he gives his decision.
(3) No costs shall in any case be awarded either against or in favour of the Public Prosecutor.
CHAPTER XXXI
REVISION
Power to call for records of subordinate Courts
323. (1) A Judge may call for and examine the record of any proceeding before any subordinate Criminal Court for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that subordinate Court. (2) Orders made under sections 97 and 98 are not proceedings within the meaning of this section.
Power to order further inquiry
324. (1) On examining any record under section 323 or otherwise, a Judge may direct the Magistrate to make, and the Magistrate shall make, further inquiry into any complaint which has been dismissed under section 135, or into the case of any accused person who has been discharged.
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(2) Section 303A shall apply for the construction of subsection (1).
Powers of Judge on revision
325. (1) A Judge may, in any case the record of the proceedings of which has been called for by himself or which otherwise comes to his knowledge, in his discretion, exercise any of the powers conferred by sections 311, 315, 316 and 317 of this Code. (2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by advocate, in his own defence. (3) Nothing in this section shall be deemed to authorize a Judge to convert a finding of acquittal into one of conviction. Permission for parties to appear
326. No party has any right to be heard, either personally or by advocate, before a Judge when exercising his powers of revision: Provided that the Judge may, if he thinks fit, when exercising such powers hear any party, either personally or by advocate, and that nothing in this section shall be deemed to affect subsection 325(2).
Orders on revision
327. When a case is revised under this Chapter by a Judge he shall certify his decision or order to the Court by which the finding, sentence or order revised was recorded or passed stating, where the finding, sentence or order has been varied, the grounds for such variation; and the Court to which the decision or order is so certified shall then make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.
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PART VIII
SPECIAL PROCEEDINGS
*CHAPTER XXXII
INQUIRIES OF DEATHS
Meaning of "cause of death"
328. In this Chapter the words `cause of death' include not only the apparent cause of death as ascertainable by inspection or post mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person. Duty of police officer to investigate death
329. (1) Every officer in charge of a police station on receiving information--
(a) that a person has committed suicide;
(b) that a person has been killed by another, or by an animal, or by machinery, or by an accident;
(c) that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence;
(d) that the body of a dead person has been found, and it is not known how he came by his death; or
(e) that a person has died a sudden death, shall with the least practical delay transmit such information to the officer in charge of the police district.
(2) On receipt of the information the officer in charge of the police district or some other police officer acting under his directions and being either the officer in charge of a police station or a police officer not below the rank of sergeant shall immediately proceed *NOTE--Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Codesee L.N. 198/1952.
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to the place where the body of the deceased person is and there shall make an investigation and draw up report of the apparent cause of death, describing the wounds, fractures, bruises and other marks of injury as may be found on the body, and such marks, objects and circumstances as, in his opinion, may relate to the cause of death or the person, if any, who caused the death, and stating in what manner or by what weapon or instrument, if any, the marks appear to have been inflicted.
(3) Every police officer making an investigation under this section into the cause of any death, may exercise any or all of the special powers in relation to police investigations in seizable cases conferred on the police officer by Chapter XIII and sections 112, 113 and 114 shall apply to statements made by persons examined in the course of the investigation.
(4) The report shall be signed by the police officer by whom it was drawn up, and where the report was not drawn up by the officer in charge of the police district it shall immediately be forwarded to him.
(5) The officer in charge of the police district shall immediately forward that report to the Magistrate within the local limits of whose jurisdiction the body of the deceased was found. (6) When the information given under subsection (1) is of such a nature that, though it affords reasonable ground for believing that a death has occurred, it is unlikely that the body of such deceased person can be found owing to its destruction by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, the officer referred to in subsection (2) shall nevertheless make an investigation and draw up a report, and forward the report to the nearest Magistrate who shall proceed in reference to the report as in the case of a report forwarded under subsection (5).
Duty of officer to arrange for post-mortem examination in certain cases
330. Every officer making an investigation under section 329 shall if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence or that his death resulted in any way from or was accelerated by 144 Laws of Malaysia ACT 593
any unlawful act or omission on the part of any other person, at once inform the nearest *Government Medical Officer and, unless it appears to him that the body should be viewed by a Magistrate in situ, shall take or send the body to the nearest Government hospital or other convenient place for the holding of a post-mortem examination of the body by a Government Medical Officer: Provided that if that officer is satisfied as to the cause of death and that the deceased came by his death by accident he may order the body to be buried immediately.
Post-mortem examination of body
331. (1) Upon receiving the information referred to in section 330 a Government Medical Officer shall, as soon as practicable, make a post-mortem examination of the body of the deceased. (2) The Medical Officer, if it is necessary in order to ascertain the cause of death, shall extend the examination to the dissection of the body and an analysis of any portion of it, and may cause any portion of it to be transmitted to the Institute for Medical Research.
Report of Government Medical Officer
332. (1) The Medical Officer making any such examination shall draw up a report of the appearance of the body and of the conclusions which he draws from it, and shall certify as to the cause of death and shall date and sign the report and transmit it to the officer in charge of the police district who shall attach it to the report forwarded under subsection 329(5).
(2) The report of the Medical Officer and also the report of an officer of the Institute for Medical Research on anything transmitted to him under subsection 331(2) shall be admissible as evidence and shall be prima facie evidence of the facts stated in it at any inquiry held under this Chapter.
Duty of Magistrate on receipt of report
333. (1) If the Magistrate shall be satisfied as to the cause of death without holding an inquiry under this Chapter, he shall report to the Public Prosecutor the cause of death as ascertained to his satisfaction with his reasons for being so satisfied and shall at the same time transmit to the Public Prosecutor all reports and documents in his possession connected with the matter. *NOTE--Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Codesee L.N. 198/1952. 145Criminal Procedure Code
(2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.
(3) It shall not be necessary for the Magistrate to hold any inquiry under this Chapter or to make any report under subsection (1) if any criminal proceedings have been instituted against any person in respect of any act connected with the death of the deceased or such hurt as caused the death.
Inquiry into cause of death of a person in custody of police or in any asylum
334. When any person dies while in the custody of the police or in a mental hospital or prison, the officer who had the custody of that person or was in charge of that mental hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
Powers of Magistrate
335. (1) A Magistrate holding an inquiry under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.
(2) A Magistrate holding an inquiry under this Chapter if he considers it expedient that the body of the deceased person should be examined by a Medical Officer in order to discover the cause of death may, whether a post-mortem examination has been made under section 331 or not, issue his order to a Medical Officer to make a post-mortem examination of the body, and may for that purpose order the body to be exhumed.
Magistrate may view body
336. It shall not be necessary for a Magistrate holding an inquiry to view the body of the deceased, but the Magistrate may if he considers it expedient view the body, and may for that purpose cause the body to be exhumed.
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Inquiries to be made by Magistrate
337. A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.
Evidence and finding to be recorded
338. (1) The Magistrate holding an inquiry under this Chapter shall record the evidence and his finding thereon and shall immediately transmit to the Public Prosecutor the original of such evidence and finding duly authenticated by his signature or a copy of such evidence and finding certified under his hand as correct. (2) The place in which any inquiry of death under this Chapter is held shall be a place open to the public. But a Magistrate conducting an inquiry of death may, on special grounds of public policy or expediency, in his discretion, exclude the public or any person or persons in particular at any stage of the inquiry from the place in which the inquiry is being held.
Power of Public Prosecutor to require inquiry to be held
339. (1) The Public Prosecutor may at any time direct a Magistrate to hold an inquiry under this Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 329 and 334, and the Magistrate to whom such direction is given shall then proceed to hold an inquiry and shall record his finding as to the cause of death and also as to any of the circumstances connected with it with regard to which the Public Prosecutor may have directed him to make inquiry.
(2) When the proceedings at any inquiry under this Chapter have been closed and it appears to the Public Prosecutor that further investigation is necessary, the Public Prosecutor may direct the Magistrate to reopen the inquiry and to make further investigation, and thereupon the Magistrate shall have full power to reopen the inquiry and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquiry had not been closed:
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Provided that this subsection shall not apply to any inquiry at which a finding of murder or culpable homicide not amounting to murder has been returned against any person.
(3) When giving any direction under this section the Public Prosecutor may also direct whether the body shall or shall not be exhumed.
(4) All directions given under this section shall be complied with by the Magistrate to whom they are addressed without unnecessary delay.
Admissibility of medical report in certain cases
340. (1) Where on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post- mortem examination of the body of the deceased person is dead or is absent from Malaysia, it shall be lawful to receive any report of that Medical Officer made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death. (2) Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.
Custody of proceedings
341. The Public Prosecutor shall from time to time cause to be delivered to the Registrar all proceedings transmitted to him under this Chapter, and thereupon the Registrar shall take charge of those proceedings and shall keep a proper index of them. Power to revise
341A. Chapter XXXI shall also apply to all proceedings under this Chapter.
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CHAPTER XXXIII
PERSONS OF UNSOUND MIND
Procedure where accused is suspected to be of unsound mind
342. (1) When a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness. (2) At the investigation it shall not be necessary for the accused person to be present and the Judge or Magistrate may receive as evidence a certificate in writing signed by a Medical Officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a mental hospital, or the Judge or Magistrate may, if he sees fit take oral evidence from a Medical Officer on the state of mind of the accused person.
(3) If not satisfied that the person is capable of making his defence, the Judge or Magistrate shall postpone the trial and shall remand that person for a period not exceeding one month to be detained for observation in any mental hospital in Malaysia. (4) The Medical Superintendent of the said mental hospital shall keep that person under observation during the period of his remand and before the expiry of that period shall certify under his hand to the Court his opinion as to the state of mind of that person, and if he is unable within the period to form any definite conclusion, shall so certify to the Court and shall ask for a further remand. Such further remand may extend to a period of two months. (5) The Public Prosecutor may at any stage of any proceedings prior to the trial order that any accused person whom he suspects to be of unsound mind be sent to a mental hospital for observation for a period not exceeding one month. The Medical Superintendent of that mental hospital shall keep that person under observation during the said period and before the expiry of the said period shall certify under his hand to the Public Prosecutor his opinion as to the state of mind of that person. If the said Medical Superintendent is unable within the said period to form any definite conclusion he shall so certify to the Public Prosecutor, and the Public Prosecutor may order that person to be detained in that mental hospital for 149Criminal Procedure Code
a further period not exceeding two months. The Medical Superintendent of a mental hospital may, notwithstanding anything in the Mental Disorders Ordinance 1952 [Ord. 31/1952] contained, detain any accused person in respect of whom an order has been made under this subsection for a period not exceeding the period specified in the order.
Certificate of Medical Superintendent
343. (1) If the Medical Superintendent shall certify that the accused person is of sound mind and capable of making his defence the Judge or Magistrate shall proceed with the trial. (2) If the Medical Superintendent shall certify that that person is of unsound mind and incapable of making his defence the Court shall, if satisfied of the fact, find accordingly, and thereupon the trial shall be postponed.
(3) The certificate of the Medical Superintendent shall be receivable as evidence under this section.
(4) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in Court during proceedings under this section. Release of person of unsound mind pending investigation or trial
344. (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or Magistrate or such officer as the Judge or Magistrate appoints in that behalf.
(2) If the offence charged is not bailable or if sufficient security is not given the Judge or Magistrate shall report the case to the Yang di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State in which the trial is held and *the Ruler *NOTE--Throughout this Chapter, references to "the Ruler" shall be construed as "the Yang di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertuan Negeri of the State as the case may be, in respect of a State"see paragraph 2(ii) of the Criminal Procedure Code (Amendment) Act 1976 [Act A365].
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may, in his discretion, order the accused to be confined in a mental hospital, and the Judge or Magistrate shall give effect to such order.
(3) Pending the order of the Ruler the accused may be committed to a mental hospital for safe custody.
Resumption of trial
345. When the accused has been released under section 344 the Court may at any time require the accused to appear or be brought before it and may again proceed under section 342.
346. (Deleted by Act A908). Judgment of acquittal on ground of mental disorder
347. Whenever any person is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Safe custody of person acquitted
348. (1) Whenever the finding states that the accused person committed the act alleged, the Court before which the trial has been held shall, if that act would, but for incapacity found, have constituted an offence, order that person to be kept in safe custody in such place and manner as the Court thinks fit and shall report the case for the orders of the Ruler of the State in which the trial is held:
Provided that if the Court concerned is a Magistrate's Court, the Magistrate may in his discretion, if he considers that the offence charged is not of a serious nature and that that person can safely be released without danger of his doing injury to himself or any other person, caution and discharge him.
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(2) The Ruler may order that person to be confined in a mental hospital during the pleasure of the Ruler of the State. Procedure where prisoner of unsound mind is reported able to make his defence
349. When any person is confined under section 344 in a mental hospital, and any two of the visitors and Medical Superintendent jointly certify that in their opinion that person is capable of making his defence, he shall be taken before a Judge or Magistrate, as the case may be, at such time as the Judge or Magistrate appoints, and the Judge or Magistrate shall proceed with the trial and the aforesaid certificate of the visitors and Medical Superintendent shall be receivable as evidence.
Procedure where person of unsound mind is reported fit for discharge
350. When any person is confined under section 348 in a mental hospital, and the visitors and Medical Superintendent shall jointly certify that in their judgment that person may be safely discharged without danger of his doing injury to himself or any other person, the Ruler may thereupon order that person to be discharged from such mental hospital.
Delivery of person of unsound mind to care of relative
351. (1) Whenever any relative or friend of any person confined in a mental hospital under section 344 or 348 makes application that that person be delivered over to his care or custody and gives security to the satisfaction of the Ruler that that person shall be properly taken care of and shall be prevented from doing injury to himself or any other person, the Ruler may in his discretion, after consulting the visitors or any two thereof and the Medical Superintendent of that mental hospital, order that person to be delivered to that relative or friend:
Provided that if the person is confined under section 344, the Ruler may further require the relative or friend to give security to the satisfaction of the Ruler that if at any time it shall appear to the Ruler that that person is capable of making his defence, that relative or friend shall produce that person for trial. 152 Laws of Malaysia ACT 593
(2) Whenever such person is so delivered it shall be on condition that he shall be produced for the inspection of such officer and at such times as the Ruler directs.
Interpretation of "mental hospital" and "visitors"
352. In this Chapter the words "mental hospital" mean a mental hospital established or maintained under the provisions of the Mental Disorders Ordinance 1952 and the word "visitors" means the visitors for the time being acting under the section 32 of that Ordinance.
Modification in the application of this Chapter to Sabah and Sarawak
352A. In the application of this Chapter to Sabah and Sarawak, it shall be read as if it had been modified in the manner set out in the Third Schedule.
CHAPTER XXXIV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES
AFFECTING THE ADMINISTRATION OF JUSTICE
Procedure as to offences committed in Court
353. When any such offence as is described in section 175, 178, 179, 180 or 228 of the Penal Code is committed in the view or presence of any Magistrate's Court, whether civil or criminal, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to a fine not exceeding fifty ringgit and in default of payment, to imprisonment for a term which may extend to two months. Record of facts constituting the offence
354. (1) In every such case the Court shall record the facts constituting the offence, with the statement, if any, made by the offender as well as the finding and sentence.
(2) If the offence is an offence punishable under section 228 of the Penal Code the record must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. 153Criminal Procedure Code
Alternative procedure
355. If the Court, in any case, considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence, may be better dealt with by ordinary process of law, the Court, after recording the facts constituting the offence and the statement of the accused as provided in section 354, may direct the accused to be prosecuted, and may require security to be given for the appearance of the accused person before a Magistrate or, if sufficient security is not given, may forward that person, under custody, to a Magistrate. Power to remit punishment
356. When any Court has, under section 353, adjudged an offender to punishment for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of the Court or on apology being made to its satisfaction. Refusal to give evidence
357. If any witness before a Magistrate's Court refuses to answer such questions as are put to him or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, that Court may, for reasons to be recorded in writing, sentence him to imprisonment for any term not exceeding seven days, unless in the meantime that person consents to be examined and to answer or to produce the document. In the event of his persisting in his refusal he may be dealt with according to section 353 or 355 notwithstanding any sentence he may have undergone under this section.
Appeal
358. (1) Any person sentenced by any lower Court under this Chapter may appeal to the High Court.
(2) Chapter XXX shall, so far as they are applicable, apply to appeals under this section, and the appellate court may alter or reverse the finding or reduce, alter or reverse the sentence appealed against.
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(3) Chapter XXXI shall also apply to all proceedings by a Magistrate under this Chapter.
Magistrate not to try certain offences committed before himself
359. Except as provided in sections 353 and 357 no Magistrate shall try any person for any offence referred to in section 129 when the offence is committed before himself or in contempt of his authority, or is brought under his notice as such Magistrate in the course of a judicial proceeding.
CHAPTER XXXV
MAINTENANCE OF WIVES AND CHILDREN
360364. (Deleted by Ord. No. 36 of 1950).
CHAPTER XXXVI
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
Power of High Court to make certain orders
365. The High Court may whenever it thinks fit direct-- (1) that any person who:
(a) is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the Extradition Act 1992 [Act 479]; or
(b) is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia, be set at liberty;
(2) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law. Form of application
366. Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by affidavit stating where and by whom the person is detained and, so far as 155Criminal Procedure Code
they are known, the facts relating to the detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause. Affidavit, by whom signed
367. The affidavit required by section 366 shall be made by the person detained or alleged to be detained unless it be shown that by reason of restraint or coercion or other sufficient cause he is unable to make it, in which case it shall be made by some other person.
Copy of warrant
368. When an application is made under section 366 to bring up before the Court a person in custody under a warrant to detain that person a copy of the warrant under which he is detained, obtained from and authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and refused. Defendant in custody under writ of attachment to be brought before Court
369. The officer in charge of a defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring the person before the Court to be dealt with according to law, and if he shall fail to do so the Court shall immediately order the said defendant to be brought before it.
Warrant to be prepared
370. In any case in which the Court shall order a person in custody to be brought before it a warrant in writing shall be prepared and signed by the Registrar and sealed with the seal of the Court.
Service of warrant
371. Such warrant shall unless otherwise ordered be delivered to the applicant or his advocate who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.
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Attendance of prisoner in criminal case
372. (1) Whenever the presence of any person detained in a prison situate within Malaysia is required in any Criminal Court, that Court may issue a warrant addressed to the officer in charge of the prison requiring the production of that person before the Court in proper custody at a time and place to be named in the warrant. (2) The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison. (3) Every such Court may by endorsement on such warrant require the person named in it to be brought up at any time to which the matter in which the person is required is adjourned. (4) Every warrant shall be sealed with the seal of the Court and signed by the Registrar or Magistrate as the case may be. Duty of officer to whom warrant is addressed
373. The officer to whom any warrant is addressed under this Chapter shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from prison for the purpose mentioned in the warrant.
Appeal
374. Any person aggrieved by any decision or direction of the High Court under this Chapter may appeal to the Federal Court within thirty days from the date of the decision or direction appealed against.
No application to banishment warrant
375. Nothing in this Chapter contained shall apply to any person detained in public custody under the provisions of any law in force for the time being relating to banishment.
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PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXXVII
THE PUBLIC PROSECUTOR
Public Prosecutor
376. (1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code.
(1A) (Deleted by Act A365).
(2) The Solicitor General shall have all powers of a Deputy Public Prosecutor and shall act as Public Prosecutor in case of the absence or inability to act of the Attorney General. (3) The Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally and he may designate any of such Deputy Public Prosecutors as Senior Deputy Public Prosecutors. (3A) The Public Prosecutor may appoint fit and proper persons to be Assistant Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and, subject to such limitations or restrictions as may be specified by the Public Prosecutor, shall have all the powers of a Deputy Public Prosecutor. (4) The rights and powers vested in or exercisable by the Public Prosecutor by subsections (3) and 68(2) shall be exercisable by the Public Prosecutor personally.
Conduct of prosecutions in Court
377. Every criminal prosecution before any court and every inquiry before a Magistrate shall, subject to the following sections, be conducted--
(a) by the Public Prosecutor, a Senior Deputy Public Prosecutor, a Deputy Public Prosecutor or an Assistant Public Prosecutor;
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(b) subject to the control and direction of the Public Prosecutor, by the following persons who are authorized in writing by the Public Prosecutor:
(1) an advocate;
(2) a police officer not below the rank of Inspector; (3) an officer of any Government department;
(4) an officer of any local authority;
(5) an officer of any statutory authority or body; or (6) any person employed or retained by any local
authority or any statutory authority or body:
provided that in any district in which it may be impracticable, without an unreasonable amount of delay or expense, that such prosecutions or inquiries should be so conducted it shall be lawful for the Public Prosecutor from time to time, by notification in the Gazette, to direct that prosecutions may be conducted in that district by a police officer below the rank of Inspector.
No one to appear for Public Prosecutor
378. No person shall appear on behalf of the Public Prosecutor on any criminal appeal other than the Public Prosecutor, Senior Deputy Public Prosecutor or a Deputy Public Prosecutor. Employment of advocate
379. With the permission in writing of the Public Prosecutor an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the Public Prosecutor. The advocate shall be paid out of the public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a "public servant". Prosecution by private persons
380. Notwithstanding anything in this Chapter contained, any private person may appear in person or by advocate and prosecute for an offence against his own person or property in a non-seizable case in the Court of a Magistrate.
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Sections 377 and 380 to prevail over other laws
380A. Sections 377 and 380 shall prevail notwithstanding any inconsistency with any other written law.
381386. (Deleted by Act A908).
CHAPTER XXXVIII
BAIL
When person may be released on bail
387. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court and is prepared at any time while in the custody of the officer or at any stage of the proceedings before the Court to give bail, that person shall be released on bail by any police officer in charge of a police station or by any police officer not under the rank of Corporal or by that Court.
(2) The police officer or the Court, if he or it thinks fit, may instead of taking bail from that person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.
When person accused of non-bailable offence may be released on bail
388. (1) When any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court, he may be released on bail by the officer in charge of the police district or by that Court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life:
Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.
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(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or at the discretion of that officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) An officer or a Court releasing any person on bail under subsections (1) or (2) shall record in writing the reasons for so doing.
(4) If at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of the offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. (5) Any Court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody. Amount of bond
389. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested, but shall not be excessive; and a Judge may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a police officer or Court be reduced or increased.
Bond to be executed
390. (1) Before any person is released on bail, or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by that person, and when he is released on bail by one or more sufficient sureties, conditioned that person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
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(2) If the case so requires the bond shall also bind the person released on bail to appear when called upon at the High Court or other Court to answer the charge.
Person to be released
391. (1) As soon as the bond has been executed the person for whose appearance it has been executed shall be released and when he is in prison the Court admitting him to bail shall issue an order of release to the officer in charge of the prison, and that officer, on receipt of the order, shall release him.
(2) Nothing in this section, section 387 or 388 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed. When warrant of arrest may be issued against person bailed
392. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court admitting him to bail may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.
Sureties may apply to have bond discharged
393. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond either wholly or so far as relates to the applicants.
(2) On such application being made the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of the person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged, either wholly or so far as relates to the applicants and shall call upon that person to find other sufficient sureties and if he fails to do so may commit him to custody.
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(4) A surety may at any time arrest the person for whose attendance and appearance he is a surety and immediately bring him before a Magistrate, who shall then discharge that surety's bond and shall call on that person to find other sufficient surety, and if he fails to do so shall commit him to custody.
Appeal
394. Any person aggrieved by any order or refusal of any inferior Court made under this Chapter may appeal to the High Court, which may confirm, vary or reverse the order of the inferior Court. CHAPTER XXXIX
SPECIAL PROVISIONS RELATING TO EVIDENCE
Procedure where person able to give material evidence is dangerously ill
395. (1) Whenever it appears to a Magistrate that any person able to give material evidence, either for the prosecution or defence, touching a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law the said Magistrate may take the deposition of that person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take it and of the time and place at which he intends to take it. (2) If the accused is in custody a Magistrate may order the officer in charge of the prison to convey him to the place, at the time notified, and the said officer shall convey him accordingly. (3) When it is proved at the trial of the said accused for any offence to which that deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the same was taken, if it is certified under the hand of the Magistrate who took it and the contrary is not proved or if it is shown by extrinsic evidence that-- (a) the deponent was at the time of his examination dangerously ill as aforesaid;
(b) the said deposition was duly taken at the place and time notified; and
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(c) reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence, so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.
Where person bound to give evidence intends to leave Malaysia
396. Whenever it is proved to the satisfaction of a Magistrate that any witness bound or about to be bound by recognizance to give evidence upon the trial of any seizable offence intends to leave Malaysia and that the ends of justice would be probably defeated if that person were not present at the trial to give evidence, he may, upon the application of the Public Prosecutor or accused and upon due provision being made for his maintenance and for compensating him for his detention and loss of time, commit that person to the civil prison until the trial or until he shall give satisfactory security that he will give evidence at the trial. Deposition of medical witness
397. The High Court if satisfied that grave inconvenience would otherwise be caused may, if it thinks fit, allow the deposition of a Government Medical Officer or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial before such Court although the deponent is not called as a witness.
398. (Deleted by Act A908). Reports of certain persons
399. (1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analysed by him or any document purporting to be a report under the hand of the Registrar of Criminals upon any matter or thing relating to finger impressions submitted to him for report may be given in evidence in any inquiry, trial or other proceeding under this Code unless that person or Registrar shall be required to attend as a witness--
(a) by the Court; or
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(b) by the accused, in which case the accused shall give notice to the Public Prosecutor not less than three clear days before the commencement of the trial:
Provided always that in any case in which the Public Prosecutor intends to give in evidence any such report he shall deliver a copy of it to the accused not less than ten clear days before the commencement of the trial.
(2) The following are persons to whom the provisions of this section apply:
(a) officers of the Institute for Medical Research; (b) *Government Medical Officers;
(c) chemists in the employment of any Government in Malaysia or of the Government of Singapore;
(d) any person appointed by the Minister by notification in the Gazette, to be a Document Examiner;
(e) Inspector of Weights and Measures appointed as such under any written law relating to weights and measures in force in Malaysia; and
(f) any person or class of persons to whom the Minister by notification in the Gazette declares that the provisions of this section shall apply.
(3) The persons referred to in subsection (2) and the Registrar of Criminals are by this Code bound to state the truth in reports made under their hands.
Report of Central Bank on currency note or coin
399A. Where in any criminal proceeding it is necessary to decide whether a currency note or coin is or not forged, a certificate signed by the Governor of the Central Bank or any officer authorized in writing by him in that behalf that he is satisfied by personal examination that the note or coin is or is not forged, shall be sufficient evidence that the note or coin is or is not forged, as the case may be, and neither the Governor nor any officer of the Bank shall be cross-examined with regard to the contents of the certificate unless the Court otherwise orders.
*NOTE--Medical Officers of the Armed Forces to be regarded as government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Codesee L.N. 198/1952.
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How previous conviction or acquittal may be proved
400. (1) In any inquiry, trial or other proceeding under this Code a previous conviction or acquittal or an order directing any person to be under the supervision of the police may be proved in addition to any other mode provided by any law for the time being in force--
(a) by an extract certified under the hand of the officer having the custody of the records of the Court whether of Malaysia or the Republic of Singapore in which that conviction or acquittal was had to be a copy of the sentence or order; or
(b) in case of a conviction either by a certificate signed by the officer in charge of the prison in Malaysia or the Republic of Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of those cases, evidence as to the identity of the accused person with the person so convicted or acquitted. (2) In case the officer in charge of any prison shall state in any certificate signed by him that the finger prints which appear on the certificate are those of the person to whom the certificate relates, that certificate shall be evidence of the fact so stated. (3) Every Court shall presume to be genuine every document purporting to be a certificate of conviction and purporting to be signed by the officer in charge of any prison in Malaysia or the Republic of Singapore, and shall also presume that the officer by whom the document purports to be signed was when he signed it the officer in charge of the prison mentioned in that document. Record of evidence in absence of accused
401. (1) If it is proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try that person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.
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(2) Any such deposition may, on the arrest of that person, be given in evidence against him on the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.
(3) If it appears that an offence punishable with death or with imprisonment has been committed by some person or persons unknown the Court of a First Class Magistrate may hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so taken may be given in evidence against any person who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is beyond the limits of Malaysia.
402. (Deleted by Act A908). Notice to be given of defence of alibi
402A. (1) Where in any criminal trial the accused seeks to put forward a defence of alibi, evidence in support of it shall not be admitted unless the accused shall have given notice in writing of it to the Public Prosecutor at least ten days before the commencement of the trial.
(2) The notice required by subsection (1) shall include particulars of the place where the accused claims to have been at the time of the commission of the offence with which he is charged, together with the names and addresses of any witnesses whom he intends to call for the purpose of establishing his alibi. CHAPTER XL
PROVISIONS AS TO BONDS
Deposit instead of bond
403. When any person is required by any Court or officer to execute a bond, with or without sureties, the Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money to such amount as the Court may fix, instead of executing the bond.
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Procedure on forfeiture of bond
404. (1) Whenever-- (a) it is proved to the satisfaction of the Court by which a bond under this Code has been taken; or
(b) when the bond is for appearance before a Court, it is proved to the satisfaction of that Court,
that the bond has been forfeited the Court shall record the grounds of such proof and may call upon any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid the Court may proceed to recover the same by issuing a warrant for the attachment and sale of property belonging to that person. (3) The warrant may be executed within the local limits of the jurisdiction of the Court which issued it, and it shall authorize the distress and sale of any property belonging to that person without such limits when indorsed by a Magistrate within the local limits of whose jurisdiction the property is found.
(4) If the penalty is not paid, and cannot be recovered by the attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil prison for a term which may extend to six months. (5) The Court may, at its discretion, remit any portion of the penalty mentioned, and enforce payment in part only. (6) Nothing in this section shall be deemed to prevent the penalty, or any portion of it, of any bond under this Code being recovered under the provisions of the law relating to civil procedure in force for the time being.
Appeal from orders
405. All orders made under section 404 by any Magistrate shall be appealable to the High Court.
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Power to direct levy of amount due on bond
406. A Judge may direct any Magistrate to levy the amount due on a bond to appear and attend before the High Court. CHAPTER XLI
DISPOSAL OF EXHIBITS AND OF PROPERTY THE
SUBJECT OF OFFENCES
Court shall consider manner of disposal of exhibits 406A. (1) At the conclusion of any proceedings under this Code the Court shall consider in what manner the exhibits shall be disposed of and may make any order for that purpose in accordance with law.
(2) If the Court makes no order as to the disposal of the exhibits they shall be handed to the police officer in charge of the proceedings and may be dealt with by the police in accordance with the provisions of this Chapter as if the Court had made an order or orders to that effect:
Provided that if the police are at any time in doubt as to the proper manner of disposing of any exhibit, or if any person claims delivery to him of any exhibit and the police refuse such delivery, the police or that person may apply summarily to the Court which determined the case and the Court shall make such order regarding the disposal of the exhibit as may be proper.
Order for disposal of property regarding which offence committed
407. (1) Any Court may if it thinks fit impound any property or document produced before it under this Code.
(2) During or at the conclusion of any inquiry or trial in any criminal Court the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.
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The power herein conferred upon the Court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.
(3) When a Judge makes such order, and cannot through his own officers conveniently deliver the property to the person entitled to it, he may direct that the order to be carried into effect by a Magistrate.
(4) A Court making an order under this section in respect of any property or document shall direct whether the order is to take effect immediately or at any future date or on the happening of any future contingency and shall, except when the property is live- stock or subject to speedy and natural decay, include in that order all necessary directions and conditions to ensure that the property or document will be produced as and when required for the purposes of the inquiry or trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such inquiry or trial. (5) In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.
Direction instead of order
408. Instead of himself making an order under section 407 a Judge may direct the property to be delivered to a Magistrate, who shall, in such cases, deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.
Payment to innocent person of money found on accused
409. When any person is convicted of any offence which includes or amounts to theft or receiving stolen property and it is proved that any other person has bought the stolen property from him 170 Laws of Malaysia ACT 593
without knowing or having reason to believe that the same was stolen and that any money has, on his arrest, been taken out of the possession of the convicted person, the Court may, on the application of the purchaser and on the restitution of the stolen property to the person entitled to the possession of it, order that out of that money a sum not exceeding the price paid by the purchaser be delivered to him.
Stay of order
410. The High Court may direct any order under section 407 or 409 made by a Magistrate's Court to be stayed pending consideration by the High Court and may modify, alter or annul that order. Destruction of libellous and other matter
411. (1) On a conviction under section 292, 293, 501 or 502 of the Penal Code the Court may order the destruction of all the copies of the thing in respect of which the conviction was had and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may in like manner, on a conviction under section 272, 273, 274 or 275 of the Penal Code, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.
Restoration of possession of immovable property
412. (1) Whenever a person is convicted of an offence attended by criminal force and it appears to the Court that by that force any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that property to be restored to the possession of the person who has been dispossessed. (2) No such order shall prejudice any right or interest to or in that immovable property which any person may be able to establish in a civil suit.
Procedure by police on seizure of property
413. (1) The seizure or finding by any police officer of property taken under section 20 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence shall be immediately reported to a Magistrate, who shall make such order as he thinks fit respecting the delivery of the property to the person entitled to the possession of it, or, if that person cannot be ascertained, respecting the custody and production of the property.
171Criminal Procedure Code
(2) If the person so entitled is known the Magistrate may order the property to be delivered to him on such conditions, if any, as the Magistrate thinks fit, and shall in that case cause a notice to be served on that person informing him of the terms of the order and requiring him to take delivery of the property within such period from the date of the service of the notice (not being less than forty-eight hours) as the Magistrate may in the notice prescribe. (3) If that person is unknown the Magistrate may direct that the property be detained in police custody, and the Chief Police Officer shall, in that case, issue a public notification specifying the articles of which the property consists and requiring any person who has any claim to it to appear before him and establish his claim within six months from the date of the public notification: Provided that, where it is shown to the satisfaction of the Magistrate that the property is of no appreciable value, or that its value is so small as, in the opinion of the Magistrate, to render impractical the sale, as hereinafter provided, of the property, or as to make its detention in police custody unreasonable in view of the expense or inconvenience that would thereby be involved, the Magistrate may order the property to be destroyed or otherwise disposed of, either on the expiration of such period after the publication of notification above referred to as he may determine or immediately as he thinks fit.
(4) Every notification under subsection (3) shall, if the value of the property amounts to fifty ringgit, be published in the Gazette. Procedure where no claim established
414. (1) If within three months from the publication of a notification under subsection 413(3) no person establishes a claim to such property and if the person in whose possession the property was found is unable to show that it was legally acquired by him, the property may be sold on the order of the Chief Police Officer. (2) If within six months from the publication of the notification no person has established a claim to the property, the ownership of the property or, if sold, the net proceeds of it shall then pass to and become vested in the Government of the State in which that property was seized.
172 Laws of Malaysia ACT 593
Procedure where property is perishable or of small value
415. Where any property detained in police custody on the order of a Magistrate made under subsection 413(3) is subject to speedy and natural decay or is, in the opinion of the Chief Police Officer of less value than ten ringgit, or where its custody involves unreasonable expense and inconvenience, the property may be sold at any time, and sections 413 and 414 shall, as nearly as may be practicable, apply to the net proceeds of the sale. Procedure where owner is absent
416. (1) If the person entitled to the possession of such property is absent from the State and the property is subject to speedy and natural decay or the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner or that the value of the property is less than ten ringgit the Magistrate may, at any time, direct it to be sold and subsection 414(2) shall apply to the net proceeds of the sale.
(2) If the person to whom property has been ordered to be delivered under subsection 413(2) neglects or omits to take delivery of the property within the period prescribed, the Magistrate may, where the property is subject to speedy and natural decay or where in his opinion its value is less than ten ringgit, direct that the property be sold and the net proceeds of the sales shall, on demand, be paid over to the person entitled to it.
CHAPTER XLII
TRANSFER OF CRIMINAL CASES
High Court's power to transfer cases
417. (1) Whenever it is made to appear to the High Court-- (a) that a fair and impartial trial cannot be had in any criminal Court subordinate to it;
(b) that some question of law of unusual difficulty is likely to arise;
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the same;
173Criminal Procedure Code
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code,
it may order--
(aa) that any offence be tried by any Court not empowered under sections 121 to 126 but in other respects competent to try such offence;
(bb) that any particular case or class of cases be transferred from a criminal Court subordinate to it to any other such criminal Court of equal or superior jurisdiction; or (cc) that any particular criminal case be transferred to and tried before the High Court.
(dd) (Deleted by Act A908).
(ee) (Deleted by Act A908).
(2) The High Court may make an order under subsection (1) either on the report of the lower Court, or on the application of the Public Prosecutor or the accused person, or on its own initiative. (3) (a) When an order is made under paragraph (1)(cc) the lower Court before which the trial of the offence against the accused person is pending shall cause the accused person to appear or be brought before the High Court on the date specified in the said order or as soon as may be practicable if no such date is specified. (b) When the accused person appears or is brought before the High Court in accordance with paragraph (a), it shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
(4) The Court to which a case is transferred under this section may act on the evidence already recorded in a trial or partly so recorded and partly recorded by itself, or it may re-summon the witnesses and re-commence the trial:
Provided that in any case so transferred the Public Prosecutor or the accused person may, when the Court to which the case is transferred commences its proceedings, apply that the witnesses or any of them be re-summoned and re-heard.
174 Laws of Malaysia ACT 593
Application for transfer to be supported by affidavit
418. (1) Every application for the exercise of the power conferred by section 417 shall be made by motion which shall, except when the applicant is the Public Prosecutor, be supported by affidavit. (2) Every such application shall be made before the inquiry into or trial of the offence has been concluded.
(3) When an accused person makes an application under this section, a Judge may, if he thinks fit, direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the expenses of the prosecution.
(4) Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of the notice and the hearing of the application.
Trials by High Court on a certificate by the Public Prosecutor 418A. (1) Notwithstanding the provisions of section 417 and subject to section 418B, the Public Prosecutor may in any particular case triable by a criminal Court subordinate to the High Court issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court. (2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally.
(3) The certificate of the Public Prosecutor issued under subsection (1) shall be tendered to the subordinate Court before which the case is triable whereupon the Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable.
(4) When the accused person appears or is brought before the High Court in accordance with subsection (3), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
175Criminal Procedure Code
Cases to which section 418A is applicable
418B. Section 418A shall apply to all cases triable under this Code by a criminal Court subordinate to the High Court, whether the proceedings are instituted before or after the coming into force of that section, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.
CHAPTER XLIII
IRREGULARITIES IN PROCEEDINGS
Proceeding in wrong place, etc.
419. No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at, passed or made, took place in a wrong local area or before a wrong Magistrate or Court, unless it appears that such error occasioned a failure of justice.
Procedure when confession irregularly taken
420. If any Court before which a confession or other statement of an accused person recorded under section 115 or 256 is tendered or has been received in evidence finds that any of the provisions of that section has not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded and if it is satisfied of the same that statement shall be admitted if the error has not injured the accused as to his defence on the merits.
Omission to frame charge
421. (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed unless, in the opinion of the appellate court, a failure of justice has been occasioned thereby.
(2) If the appellate court thinks that a failure of justice has been occasioned by the omission to frame a charge it shall order that a new trial be had.
176 Laws of Malaysia ACT 593
Irregularities not to vitiate proceedings
422. Subject to the provisions contained in this Chapter no finding, sentence or order passed or made by a Court of competent jurisdiction shall be reversed or altered on account of--
(a) any error, omission or irregularity in the complaint, sanction, consent, summons, warrant, charge, judgment or other proceedings before or during trial, or in any inquiry or other proceedings under this Code;
(b) the want of any sanction; or
(c) the improper admission or rejection of any evidence, unless such error, omission, irregularity, want, or improper admission or rejection of evidence has occasioned a failure of justice. Irregularity in distress
423. No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of distress or other proceedings relating to it, nor shall that party be deemed a trespasser, ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by the irregularity may recover full satisfaction for the special damage caused by it in any Court of competent jurisdiction. CHAPTER XLIV
MISCELLANEOUS
Affidavits before whom sworn
424. (1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn--
(a) in Malaysia before any Magistrate or Registrar; (b) in the Republic of Singapore before any Judge, District Judge, Assistant District Judge, Registrar, Deputy Registrar, Police Magistrate or before any person authorized to take affidavits by any written law in force in the Republic of Singapore;
177Criminal Procedure Code
(c) in England, Scotland, Ireland or the Channel Islands or in any Colony, island or place (other than the above) under the dominion or jurisdiction or protection of Her Britannic Majesty, before any Judge, Court, Notary Public or other person lawfully authorized to administer oaths; (d) in any other place before any officer exercising consular functions on behalf of Malaysia.
(2) The Court shall take judicial notice of the seal or signature, as the case may be, of any Judge, Court, Notary Public, Consul, Vice-Consul or other person appended or subscribed to any affidavit. Power of Court to summon and examine persons
425. Any Court may at any stage of any inquiry, trial or other proceeding under this Code summon any person as witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.
Order for payment of costs of prosecution and compensation
426. (1) The Court before which a person is convicted of any crime or offence may, in its discretion, make either or both of the following orders against him, namely:
(a) an order for the payment by him of the costs of his prosecution or such part of it as the Court directs; (b) an order for the payment by him of a sum to be fixed by the Court by way of compensation to any person, or to the representatives of any person, injured in respect of his person, character or property by the crime or offence for which the sentence is passed.
(2) The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 432 [except paragraph (1)(d)] shall be applicable to any order made under this section.
(3) The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation. 178 Laws of Malaysia ACT 593
(4) To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the crime or offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.
(5) Every order made under this section by a Magistrate shall be appealable to the High Court.
Payment of expenses of prosecutors and witnesses
427. In every criminal case tried before the High Court, and in every criminal case tried before a Sessions Court or a Magistrate's Court, the Court may in its discretion order payment out of the Consolidated Fund to the prosecutor and to the witnesses both for the prosecution and for the defence, or to such of them as it thinks fit, of the expenses incurred by them severally in and about attending the High Court, or the Sessions Court or Magistrate's Court and also compensation for their trouble and loss of time, subject to such rules as are prescribed.
Rules as to rates of payment
428. The rule committee may make rules as to the rates or scales of payment of the expenses or compensation to be ordered as aforesaid and concerning the form of the certificates hereinafter mentioned and the details to be inserted in it.
429. (Deleted by Act A908). Reward for unusual exertion
430. Whenever it appears to any Court that a private person has shown unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment, such Court may order payment to him out of the Consolidated Fund of any sum not exceeding one hundred ringgit.
179Criminal Procedure Code
Compensation for family of person killed in arresting
431. If any person is killed in endeavouring to arrest or to keep in lawful custody a person accused as aforesaid the Minister of Finance may order payment out of the Consolidated Fund to the wife, husband, parent or child of the deceased of such sum or sums as appear reasonable in compensation for the loss sustained. Provisions as to money payable as costs or compensation
432. (1) Subject to the provisions of this Code where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the Court making the order may in its discretion do all or any of the following things, namely--
(a) allow time for the payment of that sum;
(b) direct payment of that sum to be made by instalments; (c) issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;
(d) direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that that person has no property or insufficient property to satisfy the money payable or that the levy of distress will be more injurious to him or his family than imprisonment;
(e) direct that that person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him: Provided that such money shall not be so applied if the Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
180 Laws of Malaysia ACT 593
(2) The term for which the Court directs that person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale-- When the money to be paid does not
exceed RM25 ... ... ... ... ... One month
When the money to be paid
exceeds RM25 but does not Two months
exceed RM50... ... ... ... ...
In any other case... ... ... ... ... Four months
(3) Subject to the provisions of this Code the imprisonment which the Court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(4) If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate. (5) A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or a First Class Magistrate having jurisdiction in the State in which it is to be executed.
Copies of proceedings
433. (1) If the complainant or the accused or any person affected by a judgment or order passed or made by a criminal Court desires to have a copy of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished with it by the Court:
Provided that he pays for the same such reasonable sum as the Court may direct unless the Court for some special reason thinks fit to furnish it free of cost.
(2) An application for a copy of the record may be made at any time by the Public Prosecutor by whom no fee shall be payable.
434. (Deleted by Ord. No. 14 of 1952). 181Criminal Procedure Code
Power of police to seize property suspected of being stolen
435. Any member of the police force may seize any property which is alleged or may be suspected to have been stolen, or which is found under circumstances which create suspicion that an offence has been committed, and such member, if subordinate to the officer in charge of the nearest police station, shall immediately report the seizure to that officer.
Person released on bail to give address for service
436. (1) When any person is released on bail, or on his own bond, he shall give to the Court or officer taking the bail or bond an address at which service upon him of all notices and process may be made.
(2) In any case where that person cannot be found, or for other reasons the service on him cannot be affected, any notice or process left for that person at such address shall be deemed to have been duly served upon him.
Power to compel restoration of abducted persons
437. Upon complaint made to a Magistrate on oath of the abduction or unlawful detention of a woman or of a female child under the age of fourteen years for any unlawful purpose within the local limits of his jurisdiction, he may make an order for the immediate restoration of the woman to her liberty, or of the female child to her husband, parent, guardian or other person having the lawful charge of that child, and may compel compliance with the order, using such force as may be necessary.
Compensation for giving in charge groundlessly
438. (1) Whenever any person causes a police officer to arrest another person if it appears to the Magistrate who takes cognizance of the case that there was no sufficient ground for causing the arrest the Magistrate may award such compensation, not exceeding twenty-five ringgit, to be paid by the person so causing the arrest to each person so arrested for his loss of time and any expenses incurred by him in the matter as the Magistrate shall think fit. (2) (Omitted).
182 Laws of Malaysia ACT 593
(3) Such compensation shall be no bar to an action for false imprisonment.
Magistrate not to act where interested
439. No Magistrate shall, except with the permission of the High Court to which an appeal lies from his Court, try any case to or in which he is a party or personally interested.
Explanation--A Magistrate shall not be deemed to be a party or personally interested within the meaning of this section to or in any case by reason only that he is a member of a local authority or otherwise concerned in it in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
ILLUSTRATION
A, as Collector of Land Revenue, upon consideration of information furnished to him directs the prosecution of B for a breach of the land laws. A is disqualified from trying this case as a Magistrate. Public servants not to bid at sales under this Code
440. A public servant, having any duty to perform in connection with the sale of any property under this Code, shall not purchase or bid for the property.
When receivers, etc., charged, evidence of other cases allowed
441. Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of that person other property stolen within the preceding period of twelve months, and that evidence may be taken into consideration for the purpose of proving that that person knew the property to be stolen which forms the subject of the proceedings taken against him. When evidence of previous conviction may be given
442. Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his 183Criminal Procedure Code
possession stolen property and evidence has been given that the stolen property has been found in his possession, then if that person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of his previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen:
Provided that not less than seven days' notice in writing shall have been given to the person accused that proof is intended to be given of his previous conviction; and it shall not be necessary for the purposes of this section to enter in the charge the previous conviction of the person so accused.
Forms
443. The Forms set out in the Second Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in them.
Application of fines
444. The Court imposing any fine under the authority of any law for the time being in force may award any portion of it to an informer.
184 Laws of Malaysia ACT 593
FIRSTSCHEDULE*
TABULARSTATEMENTOFOFFENCESUNDERTHEPENALCODE
EXPLANATORYNOTES--
(1)TheentriesintheSecondandSeventhcolumnsofthisSchedule,headedrespectively"Offence"and"MaximumPunishment underthePenalCode",arenotintendedasdefinitionsoftheoffencesandpunishmentsdescribedintheseveralcorrespondingsections ofthePenalCode,orevenasabstractsofthosesections,butmerelyasreferencestothesubjectofthesection,thenumberofwhich isgivenintheFirstcolumn.
(2)TheentriesintheThirdcolumnofthisSchedulearenotintendedinanywaytorestrictthepowersofarrestwithoutwarrant whichmaybelawfullyexercisedbyPoliceOfficers.
1234567
PenalOffenceWhethertheWhetheraWhetherWhetherMaximum Codepolicemaywarrantorabailablecompoundablepunishment sectionordinarilyarrestsummonsshallornotornotunderthe withoutwarrantordinarilyissuePenalCode
ornotinthefirst
instance
CHAPTERV--ABETMENT
109Abetmentofanyoffences,MayarrestwithoutAccordingasaAccordingasAccordingasThesamepunishment iftheactabettediscommittedwarrantifarrestwarrantortheoffencetheoffenceasfortheoffence inconsequence,andwherenofortheoffencesummonsmayabettedisabettedisabetted expressprovisionismadeabettedmaybeissueforthebailableornotcompoundable foritspunishmentmadewithoutoffenceabettedornot
warrant,butnot
otherwise
110Abetmentofanyoffence,ifdo.do.do.do.do.
thepersonabetteddoestheact
withadifferentintentionfrom
thatoftheabettor
*ThisschedulehasbeenamendedtobringitintoaccordwiththeprovisionofthePenalCode[Act574]andoftheCriminalJusticeAct1953[Act345] 185Criminal Procedure Code
111Abetmentofanyoffencedo.do.do.do.Thesamepunishment whenoneactisabettedandaasfortheoffence
differentactisdone;subjectcommitted
totheproviso
113Abetmentofanyoffence,whendo.do.do.do.do.
aneffectiscausedbyact
abetteddifferentfromthat
intendedbytheabettor
114Abetmentofanyoffence,ifdo.do.do.do.do.
abettorispresentwhenoffenceis
committed
115Abetmentofanoffencepunishabledo.do.Notbailabledo.Imprisonmentforseven withdeathorimprisonmentforlife,years,andfine
iftheoffenceisnotcommittedin
consequenceoftheabetment.
115Ifanactwhichcausesharmbedo.do.do.do.Imprisonmentfor doneinconsequenceoftheabetmentfourteenyears,andfine 116Abetmentofanoffence,punishabledo.do.Accordingasdo.Imprisonmentextending withimprisonment,iftheoffenceistheoffencetoaquarterpartofthe notcommittedinconsequenceoftheabettedislongesttermprovided abetmentbailableornotfortheoffence,orfine,
orboth
116Iftheabettororthepersonabetteddo.do.do.do.Imprisonmentextending isapublicservantwhosedutyitistohalfofthelongest
topreventtheoffencetermprovidedforthe
offence,orfine,orboth
117Abettingthecommissionofando.do.do.do.Imprisonmentforthree offencebythepublic,orbymoreyears,orfineorboth
thantenperson
186 Laws of Malaysia ACT 593
1234567
PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERV--ABETMENT--(cont.)
118ConcealingadesigntocommitMayarrestwithoutAccordingasaNotbailableAccordingasImprisonmentfor anoffencepunishablewithwarrantifarrestforthewarrantortheoffencesevenyears,andfine deathorimprisonmentforlife,offenceabettedmaybesummonsmayabettedis iftheoffenceiscommittedmadewithoutwarrant,issueforthecompoundable butnototherwiseoffenceabettedornot
118Iftheoffenceisnotcommitteddo.do.do.do.Imprisonmentfor threeyears,andfine
119Apublicservantconcealingado.do.Accordingasdo.Imprisonment designtocommitanoffencetheoffenceextendingtohalfofthe whichitishisdutytoprevent,abettedislongesttermprovided iftheoffenceiscommittedbailableornotfortheoffence,orfine, orboth
119Iftheoffenceispunishabledo.do.Notbailabledo.Imprisonmentforten withdeathorimprisonmentforyears
life
119Iftheoffenceisnotcommitteddo.do.Accordingasdo.Imprisonment theoffenceextendingtoaquarter
abettedispartofthelongestterm
bailableornotprovidedfortheoffence,
orfine,orboth
120Concealingadesigntocommitdo.do.do.do.do.
anoffencepunishablewith
imprisonment,iftheoffenceis
committed
187Criminal Procedure Code
120Iftheoffenceisnotcommitteddo.do.do.do.Imprisonment extendingtoone-eighth
partofthelongestterm
providedfortheoffence,
orfine,orboth
CHAPTERVA--CRIMINALCONSPIRACY
120BCriminalconspiracytocommitShallnotarrestwithoutWarrantNotbailableNotImprisonmentfortwo offencepunishablewithdeathwarrantcompoundableyears;wherenoexpress provision,sameasifhe
hadabettedtheoffence
120BBeingpartytoacriminalMayarrestwithoutSummonsBailabledo.Imprisonmentforsix conspiracyotherthantowarrantmonths,orfine,orboth
commitoffencepunishable
withdeath
CHAPTERVI--OFFENCESAGAINSTTHESTATE
121WagingorattemptingtowageShallnotarrestwithoutWarrantNotbailableNotDeath;orimprisonment war,orabettingthewagingofwarrantcompoundableforlife,andfine war,againsttheYangdi-Pertuan
AgongortheRulerorYang
di-PertuaNegeri
121AOffencesagainstthepersonofdo.do.do.do.Death,andfine theYangdi-PertuanAgongora
RulerorYangdi-PertuaNegeri
121BOffencesagainsttheauthoritydo.do.do.do.Imprisonment oftheYangdi-PertuanAgongforlife,andfine
oraRulerorYangdi-Pertua
Negeri
121CAbettingoffencesundersectiondo.do.do.do.Punishmentprovided 121Aor121Bforoffencesunder
section121Aor121B
188 Laws of Malaysia ACT 593
1234567
PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERVI--OFFENCESAGAINSTTHESTATE--(cont.)
121DIntentionalomissiontogiveShallnotarrestWarrantNotNotImprisonmentforseven informationofoffencesagainstwithoutwarrantbailablecompoundableyears,orfine,orboth sections121,121A,121Bor121C
byapersonboundtoinform
122Collectingarms,etc.,withthedo.do.do.do.Imprisonmentforlife, intentionofwagingwaragainstorimprisonmentfor
theYangdi-PertuanAgongoratwentyyears,andfine
RulerorYangdi-PertuaNegeri
123Concealingwithintenttodo.do.do.do.Imprisonmentforten facilitateadesigntowagewaryears,andfine
124AssaultingamemberofParliament,do.do.do.do.Imprisonmentforseven etc.,withintenttocompelorrestraintyears,andfine
theexerciseofanylawfulpower
125Wagingwaragainstanypowerindo.do.do.do.Imprisonmentforlife, allianceoratpeacewiththeYangandfine;or
di-PertuanAgongorabettingtheimprisonmentfortwenty wagingofthesuchwaryearsandfine;orfine
125AHarbouringorattemptingtodo.do.do.do.Imprisonmentforlife, harbouranypersoninMalaysiaandfine;or
orpersonresidinginaforeignStateimprisonmentfortwenty atwarorinhostilityagainsttheYangyearsandfine;orfine di-PertuanAgong
189Criminal Procedure Code
126Committingdepredationonthedo.do.do.do.Imprisonmentforseven territoriesofanypowerinallianceyears,andfine,and
oratpeacewiththeYangdi-Pertuanforfeitureofcertain Agongproperty
127Receivingpropertytakenbywarordo.do.do.do.Imprisonmentforseven depredationmentionedinsectionsyears,andfine,and
125and126forfeitureofcertain
property
128Publicservantvoluntarilyallowingdo.do.do.do.Imprisonmentforlife, prisonerofStateorWarinhisorimprisonmentfor
custodytoescapetwentyyears,andfine
129Publicservantnegligentlydo.do.Bailabledo.Imprisonmentforthree sufferingprisonerofStateoryears,andfine
Warinhiscustodytoescape
130Aidingescapeof,rescuingordo.do.Notdo.Imprisonmentfor harbouringsuchprisoner,orbailablelife,orimprisonment offeringanyresistancetobefortwentyyears,and
recaptureofsuchprisonerfine
CHAPTERVII--OFFENCESRELATINGTOTHEARMEDFORCES
131Abettingmutiny,orattemptingMayarrestwithoutWarrantNotbailableNotImprisonmentfor toseduceanofficer,soldierorwarrantcompoundabletwentyyears,andfine sailorfromhisallegianceorduty
132Abetmentofmutiny,ifmutinydo.do.do.do.Death;orimprisonment iscommittedinconsequencefortwentyyears,and
thereoffine
133Abetmentofanassaultbyando.do.do.do.Imprisonmentforthree officer,soldierorsailoronhisyears,andfine
superiorofficer,wheninthe
executionofhisoffice
190 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERVII--OFFENCESRELATINGTOTHEARMEDFORCES--(cont.) 134Abetmentofsuchassault,ifMayarrestwithoutWarrantNotNotImprisonmentforseven theassaultiscommittedwarrantbailablecompoundableyears,andfine 135Abetmentofthedesertionofdo.do.Bailabledo.Imprisonmentfortwo anofficer,soldierorsailoryears,orfine,orboth
136Harbouringsuchanofficer,do.do.do.do.do.
soldierorsailorwhohas
deserted
137DeserterconcealedonboardShallnotarrestwithoutSummonsBailableNotFineofonethousand merchantvessel,throughwarrantcompoundableringgit
negligenceofmasterorperson
inchargeofit
138AbetmentofactofinMayarrestwithoutWarrantdo.do.Imprisonmentforsix subordinatebyanofficer,warrantmonths,orfine,orboth soldierorsailor,iftheoffence
iscommittedinconsequence
140Wearingthedressorcarryingdo.Summonsdo.do.Imprisonmentforthree anytokenusedbysoldier,withmonths,orfineofone
intentthatitmaybebelievedthousandringgit,orboth
thatheissuchasoldier
191Criminal Procedure Code
CHAPTERVIII--OFFENCESAGAINSTPUBLICTRANQUILITY
143BeingmemberofanMayarrestwithoutWarrantNotbailableNotImprisonmentfor unlawfulassemblywarrantcompoundablesixmonths,orfine,or both
144Possessingweaponsormissilesdo.do.do.do.Imprisonmentfortwo atunlawfulassembliesyears,orfine,orboth
145Joiningorcontinuinginando.do.do.do.do.
unlawfulassembly,knowing
thatithasbeencommandedto
disperse
147Riotingdo.do.do.do.do.
148Possessingweaponsormissilesdo.do.do.do.do.
atriot
149OffencecommittedbymemberAccordingasarrestmayAccordingasaAccordingasdo.Thesameasforthe ofanunlawfulassembly,otherbemadewithoutwarrantwarrantortheoffenceisoffence membersguiltyfortheoffenceornotsummonsmaybailableornot issueforthe
offence
150Hiring,engagingoremployingMayarrestwithoutAccordingtodo.do.Thesameasfora personstotakepartinanwarranttheoffencememberofsuch unlawfulassemblycommittedbyassemblyandforany
thepersonoffencecommittedby
hired,engagedanymemberofsuch
oremployedassembly
151Knowinglyjoiningordo.WarrantNotbailabledo.Imprisonmentforsix continuinginanyassemblymonths,orfine,orboth
offiveormorepersonsafter
ithasbeencommandedto
disperse
192 Laws of Malaysia ACT 593
CHAPTERVIII--OFFENCESAGAINSTPUBLICTRANQUILITY--(cont.) 152AssaultingorobstructingMayarrestwithoutWarrantNotNotImprisonmentforthree publicservantwhenwarrantbailablecompoundableyears,orfine,orboth suppressingriot,etc.
153Wantonlygivingprovocationdo.do.do.do.Imprisonmentforone withintenttocauseriot,ifyear,orfine,orboth
riotingiscommitted
153Ifnotcommitteddo.do.do.do.Imprisonmentforsix
months,orfine,orboth
154OwneroroccupieroflandnotShallnotarrestwithoutSummonsBailabledo.Fineoftwothousand givinginformationofriot,etc.warrantringgit
155Personforwhosebenefitorondo.do.do.do.Fine
whosebehalfariottakesplace
notusingalllawfulmeansto
preventit
156Agentofowneroroccupierdo.do.do.do.Fine
forwhosebenefitariotis
committednotusingalllawful
meanstopreventit
157HarbouringpersonshiredforMayarrestwithoutdo.do.do.Imprisonmentforsix anunlawfulassemblywarrantmonths,orfine,orboth
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
193Criminal Procedure Code
158Beinghiredtotakepartinando.do.do.do.do.
unlawfulassemblyorriot
158Ortogoarmeddo.Warrantdo.do.Imprisonmentfortwo
years,orfine,orboth
160CommittingaffrayShallnotarrestwithoutSummonsdo.do.Imprisonmentforone warrantmonthorfineoftwo
hundredringgit,orboth
CHAPTERVIII--OFFENCESBYORRELATINGTOPUBLICSERVANTS 161BeingorexpectingtobeaShallnotarrestwithoutSummonsBailableNotImprisonmentfor publicservant,andtakingawarrantcompoundablethreeyears,orfine, gratificationotherthanlegalorboth
remunerationinrespectofan
officialact
162Takingagratificationinorderdo.do.do.do.do.
bycorruptorillegalmeansto
influenceapublicservant
163Takingagratificationforthedo.do.do.do.Imprisonmentforone exerciseofpersonalinfluenceyearorfine,orboth
withapublicservant
164Abetmentbypublicservantofdo.do.do.do.Imprisonmentforthree theoffencesdefinedinthelastyearsorfine,orboth
twoprecedingclauseswith
referencetohimself
165Publicservantobtaininganydo.do.do.do.Imprisonmentfortwo valuablething,withoutyearsorfine,orboth
consideration,fromaperson
concernedinanyproceeding
orbusinesstransactedbysuch
publicservant
194 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERVIII--OFFENCESBYORRELATINGTOPUBLICSERVANTS--(cont.) 166PublicservantdisobeyingaShallnotarrestwithoutSummonsBailableNotImprisonmentforone directionofthelawwithintentwarrantcompoundableyear,orfine,orboth tocauseinjurytoanyperson
167Publicservantframingando.do.do.do.Imprisonmentfor incorrectdocumentwithintentthreeyears,orfine,or
tocauseinjuryboth
168Publicservantunlawfullydo.do.do.do.Imprisonmentforone engagingintradeyear,orfine,orboth
169Publicservantunlawfullydo.do.do.do.Imprisonmentfortwo buyingorbiddingforpropertyyears,orfine,orboth,
andconfiscationof
propertyifpurchased
170PersonatingapublicservantMayarrestwithoutWarrantdo.do.Imprisonmentfortwo warrantyears,orfine,orboth
171Wearinggarborcarryingtokendo.Summonsdo.do.Imprisonmentfor usedbypublicservantwiththreemonths,orfine
fraudulentintentoffourhundred
ringgit,orboth
195Criminal Procedure Code
CHAPTERX--CONTEMPTSOFTHELAWFULAUTHORITYOFPUBLICSERVANTS 172AbscondingtoavoidserviceofShallnotarrestwithoutSummonsBailableNotImprisonmentforone summonsorotherproceedingwarrantcompoundablemonth,orfineofone fromapublicservantthousandringgit,orboth
172Ifsummonsornoticerequiredo.do.do.do.Imprisonmentforsix attendanceinperson,etc.,months,orfineoftwo
inaCourtthousandringgit,or
both
173Preventingtheserviceorthedo.do.do.do.Imprisonmentforone affixingofanysummonsormonth,orfineofone
notice,ortheremovalofitthousandringgit,or
whenithasbeenaffixed,orboth
preventingaproclamation
173Ifsummons,etc.,requiredo.do.do.do.Imprisonmentforsix attendanceinperson,etc.,months,orfineoftwo
inaCourtthousandringgit,or
both
174Notobeyingalegalordertodo.do.do.do.Imprisonmentforone attendatacertainplaceinmonth,orfineofone
personorbyagent,ordepartingthousandringgit,or
fromitwithoutauthorityboth
174Iftheorderrequirepersonaldo.do.do.do.Imprisonmentforsix attendance,etc.,inaCourtmonths,orfineoftwo
thousandringgit,or
both
175Intentionallyomittingtodo.do.do.do.Imprisonmentforone produceadocumenttoapublicmonth,orfineofone
servantbyapersonlegallythousandringgit,or
boundtoproduceordeliverboth
196 Laws of Malaysia ACT 593
CHAPTERX--CONTEMPTSOFTHELAWFULAUTHORITYOFPUBLICSERVANTS--(cont.) 175IfthedocumentisrequiredShallnotarrestSummonsBailableNotImprisonmentforsix tobeproducedinorwithoutwarrantcompoundablemonths,orfineoftwo deliveredtoaCourtthousandringgit,orboth
176Intentionallyomittingtodo.do.do.do.Imprisonmentforone givenoticeorinformationmonth,orfineofone
toapublicservantbyathousandringgit,orboth
personlegallyboundto
givesuchnoticeor
information
176Ifthenoticeofinformationdo.do.do.do.Imprisonmentforsix requiredrespectsthemonths,orfineoftwo
commissionofanoffence,thousandringgit,orboth
etc.
177Knowinglyfurnishingfalsedo.do.do.do.do.
informationtoapublicservant
177Iftheinformationrequireddo.do.do.do.Imprisonmentfortwo respectsthecommissionofyears,orfine,orboth
anoffence,etc.
178Refusingoathwhendulydo.do.do.do.Imprisonmentforsix requiredtotakeoathbyamonths,orfineof
publicservanttwothousandringgit,
orboth
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
197Criminal Procedure Code
179Beinglegallyboundtostatedo.do.do.do.do.
truth,andrefusingtoanswer
questions
180Refusingtosignastatementdo.do.do.do.Imprisonmentfor madetoapublicservantwhenthreemonths,orfine
legallyrequiredtodosoofonethousand
ringgit,orboth
181Knowinglystatingtoado.WarrantBailableNotImprisonmentfor publicservantonoathascompoundablethreeyears,andfine truethatwhichisfalse
182Givingfalseinformationtoado.Summonsdo.do.Imprisonmentforsix publicservantinordertocausemonths,orfineof
himtousehislawfulpowertotwothousandringgit,or
theinjuryorannoyanceofanyboth
person
183Resistancetothetakingofdo.do.do.do.do.
propertybythelawfulauthority
ofapublicservant
184Obstructingsaleofpropertydo.do.do.do.Imprisonmentforone offeredforsalebyauthorityofamonth,orfineofone
publicservantthousandringgit,or
both
185Biddingbyapersonunderado.do.do.do.Imprisonmentforone legalincapacitytopurchaseit,month,orfineoffour
forpropertyatalawfullyhundredringgit,or
authorizedsale,orbiddingboth
withoutintendingtoperform
theobligationsincurredbyit
186ObstructingpublicservantinMayarrestwithoutWarrantNotbailableNotImprisonmentfor dischargeofhispublicwarrantcompoundablethreemonths,orfine functionsofonethousandringgit
orboth
198 Laws of Malaysia ACT 593
CHAPTERX--CONTEMPTSOFTHELAWFULAUTHORITYOFPUBLICSERVANTS--(cont.) 187OmissiontoassistpublicShallnotarrestSummonsBailableNotImprisonmentforone servantwhenboundbylawtowithoutwarrantcompoundablemonth,orfineoffour givesuchassistancehundredringgit,or
both
187Wilfullyneglectingtoaidado.do.do.do.Imprisonmentforsix publicservantwhodemandsaidmonths,orfineofone
intheexecutionofprocess,thethousandringgit,or
preventionofoffences,etc.both
188Disobediencetoanorderdo.do.do.do.Imprisonmentforone lawfullypromulgatedbyamonth,orfineoffour
publicservant,ifsuchhundredringgit,or
disobediencecausesobstruction,both
annoyanceorinjurytopersons
lawfullyemployed
188Ifsuchdisobediencecausesdo.do.do.do.Imprisonmentforsix dangertohumanlife,healthormonths,orfineof
safety,etc.twothousandringgit,
orboth
189Threateningapublicservantdo.do.do.do.Imprisonmentfortwo withinjurytohimoroneinyears,orfine,orboth
whomheisinterested,to
inducehimtodoorforebearto
doanyofficialact
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
199Criminal Procedure Code
190Threateninganypersontodo.do.do.do.Imprisonmentforone inducehimtorefrainfromyear,orfine,orboth
makingalegalapplicationfor
protectionfrominjury
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE 193GivingorfabricatingfalseShallnotarrestWarrantBailableNotImprisonmentfor evidenceinajudicialwithoutwarrantcompoundablesevenyears,andfine proceeding
193Givingorfabricatingfalsedo.do.do.do.Imprisonmentfor evidenceinanyothercasethreeyears,andfine
194Givingorfabricatingfalsedo.do.Notbailabledo.Imprisonmentfor evidencewithintenttocausetwentyyears,andfine
anypersontobeconvictedofa
capitaloffence
194Ifinnocentpersonistherebydo.do.do.do.Death,orasabove convictedandexecuted
195Givingorfabricatingfalsedo.do.do.do.Thesameasforthe evidencewithintenttoprocureoffence
convictionofanoffence
punishablewithimprisonment
forlifeorwithimprisonment
forsevenyearsorupwards
196Usinginajudicialproceedingdo.do.Accordingasdo.Thesameasfor evidenceknowntobefalseortheoffenceofgivingorfabricating fabricatedgivingsuchfalseevidence
evidenceis
bailableornot
200 Laws of Malaysia ACT 593
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE--(cont.) 197KnowinglyissuingorsigningShallnotarrestWarrantBailableNotThesameasfor afalsecertificaterelatingtowithoutwarrantcompoundablegivingfalseevidence anyfactofwhichsuchcertificate
isbylawadmissibleinevidence
198Usingasatruecertificateonedo.do.do.do.do.
knowntobefalseinamaterial
point
199Falsestatementmadeinanydo.do.do.do.do.
declarationwhichisbylaw
receivableasevidence
200Usingastrueanysuchdo.do.do.do.do.
declarationknowntobefalse
201Causingdisappearanceofdo.do.do.do.Imprisonmentfor evidenceofanoffencesevenyears,andfine
committed,orgivingfalse
informationtouchingit,to
screentheoffender,ifacapital
offence
201Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor forlifeorimprisonmentfortenthreeyears,andfine
years
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
201Criminal Procedure Code
201Ifpunishablewithlessthantendo.do.do.do.Imprisonmentfora years'imprisonmentquarterofthelongest
termprovidedforthe
offence,orfine,or
both
202Intentionalomissiontogivedo.Summonsdo.do.Imprisonmentforsix informationofanoffencebyamonths,orfine,or
personlegallyboundtoinformboth
203Givingfalseinformationdo.Warrantdo.do.Imprisonmentfortwo respectinganoffencecommittedyears,or,fine,orboth
204Secretingordestroyinganydo.do.do.do.do.
documenttopreventits
productionasevidence
205Falsepersonationforthedo.do.do.do.Imprisonmentfor purposeofanyactorthreeyears,orfine,or
proceedinginasuitorcriminalboth
prosecution,orforbecoming
bailorsecurity
206Fraudulentremovalordo.do.do.do.Imprisonmentfortwo concealment,etc.,ofpropertyyears,orfine,orboth
topreventitsseizureasa
forfeitureorinsatisfactionofa
fineundersentence,orin
executionofadecree
207Claimingpropertywithoutdo.do.do.do.do.
right,orpractisingdeception
touchinganyrighttoit,to
preventitsbeingtakenasa
forfeiture,orinsatisfactionofa
fineundersentence,orin
executionofadecree
202 Laws of Malaysia ACT 593
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE--(cont.) 208FraudulentlysufferingadecreeShallnotarrestWarrantBailableNotImprisonmentfortwo topassforasumnotdue,orwithoutwarrantcompoundableyears,orfine,orboth sufferingdecreetobeexecuted
afterithasbeensatisfied
209Falseclaiminacourtdo.do.do.do.Imprisonmentfortwo years,andfine
210Fraudulentlyobtainingadecreedo.do.do.do.Imprisonmentfortwo forasumnotdue,orcausingayears,orfine,orboth
decreetobeexecutedafterit
hasbeensatisfied
211Falsechargeofoffencemadedo.do.do.do.do.
withintenttoinjure
211Ifoffencechargediscapital,ordo.do.do.do.Imprisonmentfor punishablewithdeath,sevenyears,andfine
imprisonmentforlife,or
imprisonmentforatermnot
lessthansevenyears
212Harbouringanoffender,iftheMayarrestwithoutdo.do.do.Imprisonmentfor offenceiscapitalwarrantfiveyears,andfine
212Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor forlife,orwithimprisonmentthreeyears,andfine
fortenyears
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
203Criminal Procedure Code
212Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfora foroneyearandnotfortenyearsquarterofthelongest
termprovidedforthe
offence,orfine,or
both
213Takinggift,etc.,toscreenanShallnotarrestdo.do.do.Imprisonmentfor offenderfrompunishment,ifwithoutwarrantsevenyears,andfine theoffenceiscapital
213Ifpunishablewithdo.do.do.do.Imprisonmentfor
imprisonmentforlife,orwiththreeyears,andfine
imprisonmentfortenyears
213Ifwithimprisonmentlessthando.do.do.do.Imprisonmentfor tenyearsaquarterof
thelongestterm
providedforthe
offence,orfine,or
both
214Offeringgiftorrestorationofdo.do.do.do.Imprisonmentfor propertyinconsiderationofsevenyears,andfine
screeningoffenderifthe
offenceiscapital
214Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor forlife,orwithimprisonmentthreeyears,andfine
fortenyears
214Ifwithimprisonmentforlessdo.do.do.do.Imprisonmentfora thantenyearsquarterofthelongest
termprovidedforthe
offence,orfine,orboth
215Takinggifttohelptorecoverdo.do.do.do.Imprisonmentfortwo movablepropertyofwhichayears,orfine,orboth
personhasbeendeprivedbyan
offence,withoutcausing
apprehensionofoffender
204 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE--(cont.) 216HarbouringanoffenderwhoMayarrestwithoutWarrantBailableNotImprisonmentfor hasescapedfromcustody,warrantcompoundablesevenyears,andfine orwhoseapprehensionhas
beenordered,iftheoffenceis
capital
216Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor forlife,orwithimprisonmentthreeyears,with
fortheyearsorwithoutfine
216Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor foroneyear,andnotfortenyearsaquarterofthe
longesttermprovided
fortheoffence,
orfine,orboth
216AHarbouringrobbersorgangdo.do.do.do.Imprisonmentfor robberssevenyears,andfine
217PublicservantdisobeyingaShallnotarrestSummonsdo.do.Imprisonmentfortwo directionoflawwithintenttowithoutwarrantyears,orfine,orboth savepersonfrompunishmentor
propertyfromforfeiture
205Criminal Procedure Code
218Publicservantframingando.Warrantdo.do.Imprisonmentfor incorrectrecordorwritingwiththreeyears,or
intenttosavepersonfromfine,orboth
punishmentorpropertyfrom
forfeiture
219Publicservantinajudicialdo.do.do.do.Imprisonmentfor proceedingcorruptlymakingorsevenyears,orfine,
pronouncinganorder,report,orboth
verdictordecisionwhichhe
knowstobecontrarytolaw
220Commitmentfortrialordo.do.do.do.Imprisonmentfor confinementbyapersonhavingsevenyears,orfine,
authority,whoknowsthatheisorboth
actingcontrarytolaw
221Intentionalomissiontodo.do.do.do.Imprisonmentfor apprehendonthepartofasevenyears,withor
publicservantboundbylawtowithoutfine
apprehendanoffender,ifthe
offenceiscapital
221Ifpunishablewithimprisonmentdo.do.do.do.Imprisonmentfor forlife,orimprisonmentforthreeyears,withor
tenyearswithoutfine
221Ifwithimprisonmentforlessdo.do.do.do.Imprisonmentfor thantenyearstwoyears,withor
withoutfine
222Intentionalomissiontodo.do.Notbailabledo.Imprisonmentfor apprehendonthepartofatwentyyears,withor
publicservantboundbylawtowithoutfine
apprehendpersonunder
sentenceofaCourt,ifunder
sentenceofdeath
206 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE--(cont.) 222IfundersentenceofShallnotarrestWarrantNotNotImprisonmentfor imprisonmentfortwentyyearswithoutwarrantbailablecompoundablesevenyears,withor withoutfine
222Ifundersentenceofdo.do.Bailabledo.Imprisonmentfor imprisonmentforlessthantenthreeyears,orfine,or
years,orlawfullycommittedtoboth
custody
223Escapefromconfinementdo.Summonsdo.do.Imprisonmentfortwo negligentlysufferedbyapublicyears,orfine,orboth
servant
224ResistanceorobstructionbyaMayarrestWarrantdo.do.do. persontohislawfulwithoutwarrant
apprehension
225Resistanceorobstructiontothedo.do.Notbailabledo.do. lawfulapprehensionofanother
person,orrescuinghimfrom
lawfulcustody
225Ifchargewithanoffencedo.do.do.do.Imprisonmentfor punishablewithimprisonmentthreeyears,andfine
fortwentyyears
207Criminal Procedure Code
225Ifchargewithacapitaloffencedo.do.do.do.Imprisonmentfor sevenyears,andfine
225Ifthepersonissentencedtodo.do.do.do.Imprisonmentfor imprisonmentfortenyearsorsevenyears,andfine
upwards
225Ifundersentenceofdeathdo.do.do.do.Imprisonmentfor twentyyears,andfine
225AIntentionalomissiontodo.do.Bailabledo.Imprisonmentfor apprehendonpartofapublicthreeyears,orfine,or
servantboundbylawtoboth
apprehendanypersoninacase
notprovidedforinsection221,
222or223
225ANegligentomissiontodosamedo.do.do.do.Imprisonmentfor twoyears,orfine,or
both
225AResistanceorobstructionbyado.Summonsdo.do.Imprisonmentforsix persontothelawfulmonths,orfine,or
apprehensionofhimselforanyboth
otherpersoninacasenot
otherwiseprovidedfor
225BUnspecifiedillegalactordo.do.do.do.Fineoffourhundred omissionringgit
227ViolationofconditionofShallnotarrestdo.Notbailabledo.Punishmentof remissionofpunishmentwithoutwarrantoriginal
sentence;or,ifpartof
thepunishmenthas
beenundergone,the
residue
208 Laws of Malaysia ACT 593
CHAPTERXI--FALSEEVIDENCEANDOFFENCESAGAINSTPUBLICJUSTICE--(cont.) 228IntentionalinsultorShallnotarrestSummonsBailableNotImprisonmentforsix interruptiontoapublicwithoutwarrantcompoundablemonths,orfineof servantsittinginanytwothousandringgit,
stageofajudicialorboth
proceeding
229Personationofanassessordo.do.do.do.Imprisonmentfor twoyears,orfine,or
both
CHAPTERXII--OFFENCESRELATINGTOCOINANDGOVERNMENTSTAMPS 231(Deleted)
232Counterfeiting,orperformingMayarrestWarrantNotbailableNotImprisonmentfor anypartoftheprocessofwithoutWarrantcompoundabletwentyyears,andfine counterfeitingcurrentcoin
233(Deleted)
234Making,buyingorsellingdo.do.do.do.Imprisonmentfor instrumentforthepurposeofsevenyears,andfine
counterfeitingcurrentcoin
235Possessionofinstrumentordo.do.do.do.Imprisonmentforten materialforthepurposeofyears,andfine
usingthesamefor
counterfeitingcoin
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
209Criminal Procedure Code
236AbettinginMalaysiathedo.do.do.do.Thepunishment counterfeitingoutofMalaysiaprovidedforabetting
ofcointhecounterfeitingof
suchcoinwithin
Malaysia
237(Deleted)
238Importorexportofcounterfeitsdo.do.do.do.Imprisonmentfor ofcurrentcoin,knowingthetwentyyears,andfine
sametobecounterfeit
239(Deleted)
240Deliveryofcoin,possesseddo.do.do.do.Imprisonmentforten withtheknowledgethatitisyears,andfine
counterfeit
241Knowinglydeliveringtodo.do.do.do.Imprisonmentfor anotheranycounterfeitcoinasfiveyears,andfine
genuinewhich,whenfirst
possessed,thedelivererdidnot
knowtobecounterfeit
242(Deleted)
243Possessionofcurrentcoinbyado.do.do.do.Imprisonmentfor personwhoknewittobesevenyears,andfine
counterfeitwhenhebecame
possessedofit
246(Deleted)
247Fraudulentlydiminishingthedo.do.do.do.Imprisonmentfor weightoralteringthesevenyears,andfine
compositionofcurrentcoin
210 Laws of Malaysia ACT 593
CHAPTERXII--OFFENCESRELATINGTOCOINANDGOVERNMENTSTAMPS--(cont.) 248(Deleted)
249AlteringappearanceofcurrentMayarrestwithoutWarrantNotNotImprisonmentfor coinwithintentthatitshallwarrantbailablecompoundablesevenyears,andfine passasacoinofadifferent
description
250(Deleted)
251Deliveryofcurrentcoindo.do.do.do.Imprisonmentforten possessedwiththeknowledgeyears,andfine
thatitisaltered
252(Deleted)
253Possessionofcurrentcoinbydo.do.do.do.Imprisonmentfor apersonwhoknewittobefiveyears,andfine
alteredwhenhebecame
possessedofit
254DeliverytoanotherofcoinasdodododoImprisonmentfor genuinewhich,whenfirsttenyears,andfine
possessed,thedelivererdid
notknowtobealtered
255CounterfeitingaGovernmentdo.do.Bailabledo.Imprisonmentfor stamptwentyyears,andfine
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
211Criminal Procedure Code
256Havingpossessionofando.do.do.do.Imprisonmentfor instrumentormaterialforthesevenyears,andfine
purposeofcounterfeitinga
Governmentstamp
257Making,buyingorsellingdo.do.do.do.do.
instrumentforthepurposeof
counterfeitingaGovernment
stamp
258SaleofcounterfeitGovernmentdo.do.do.do.do.
stamp
259Havingpossessionofado.do.do.do.do.
counterfeitGovernmentstamp
260Usingasgenuineado.do.do.do.Imprisonmentfor
Governmentstampknowntosevenyears,orfine
becounterfeitorboth
261Effacinganywritingfromado.do.do.do.Imprisonmentfor substancebearingathreeyears,orfine,or
Governmentstamp,orboth
removingfromadocumenta
stampusedforitwithintent
tocauselosstoGovernment
262UsingaGovernmentstampdo.do.do.do.Imprisonmentfortwo knowntohavebeenusedyears,orfine,orboth
before
263Erasureofmarkdenotingthatdo.do.do.do.Imprisonmentfor stamphasbeenusedthreeyears,orfine,or
both
212 Laws of Malaysia ACT 593
CHAPTERXIII--OFFENCESRELATINGTOWEIGHTSANDMEASURES 264FraudulentuseoffalseShallnotarrestSummonsBailableNotImprisonmentforone instrumentforweighingwithoutwarrantcompoundableyear,orfine,orboth 265Fraudulentuseoffalseweightdo.do.do.do.do.
ormeasure
266Beinginpossessionoffalsedo.do.do.do.do.
weightsormeasuresfor
fraudulentuse
267Makingorsellingfalsedo.do.do.do.do.
weightsormeasuresfor
fraudulentuse
CHAPTERXIV--OFFENCESAFFECTINGTHEPUBLICHEALTH,SAFETY,CONVENIENCE,DECENCYANDMORALS 269NegligentlydoinganyactMayarrestSummonsBailableNotImprisonmentforsix knowntobelikelytospreadwithoutwarrantcompoundablemonths,orfine,or infectionofanydiseaseboth
dangeroustolife
270Malignantlydoinganyactdo.do.do.do.Imprisonmentfortwo knowntobelikelytospreadyears,orfineorboth
infectionofanydisease
dangeroustolife
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
213Criminal Procedure Code
271KnowinglydisobeyinganyShallnotarrestdo.do.do.Imprisonmentforsix quarantinerulewithoutwarrantmonths,orfine,or
both
272Adulteratingfoodordrinkdo.do.do.do.Imprisonmentforsix intendedforsalesoastomonths,orfineof
makethesamenoxioustwothousandringgit,
orboth
273Sellinganyfoodordrinkasdo.do.do.do.do.
foodanddrinkknowingthe
sametobenoxious
274Adulteratinganydrugordo.do.do.do.do.
medicalpreparationintended
forsalesoastolessenits
efficacy,ortochangeits
operation,ortomakeit
noxious
275Offeringforsale,orissuingdo.do.do.do.do.
fromadispensaryanydrugor
medicalpreparationknownto
havebeenadulterated
276Knowinglysellingorissuingdo.do.do.do.do.
fromadispensaryanydrugor
medicalpreparationasa
differentdrugormedical
preparation
277DefilingthewaterofapublicMayarrestdo.do.do.Imprisonmentfor springorreservoirwithoutwarrantthreemonths,orfine ofonethousand
ringgit,orboth
214 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXIV--OFFENCESAFFECTINGTHEPUBLICHEALTH,SAFETY,CONVENIENCE,DECENCY ANDMORALS--(cont.)
278MakingatmospherenoxioustoShallnotarrestSummonsBailableNotFineofonethousand healthwithoutwarrantcompoundableringgit
279DrivingorridingonapublicMayarrestdo.do.do.Imprisonmentforsix waysorashlyornegligentlywithoutwarrantmonths,orfineof astoendangerhumanlife,etc.twothousandringgit,
orboth
280Navigatinganyvesselsodo.do.do.do.do.
rashlyornegligentlyasto
endangerhumanlife,etc.
281Exhibitionofafalselight,do.Warrantdo.do.Imprisonmentfor markorbuoysevenyears,orfine,
orboth
282Conveyingforhireanydo.Summonsdo.do.Imprisonmentforsix personbywaterinavesselmonths,orfineof
insuchastateorsoloadedtwothousandringgit,
astoendangerhislifeorboth
283Causingdanger,obstructionordo.do.do.do.Fineoffourhundred injuryinanypublicwayorlineringgit
ofnavigation
215Criminal Procedure Code
284DealingwithanypoisonousShallnotarrestdo.do.do.Imprisonmentforsix substancesoastoendangerwithoutwarrantmonths,orfineof humanlife,etc.twothousandringgit,
orboth
285DealingwithfireoranyMayarrestSummonsBailableNotImprisonmentforsix combustiblemattersoastowithoutwarrantCompoundablemonths,orfineof endangerhumanlife,etc.twothousandringgit,
orboth
286Sodealingwithanyexplosivedo.do.do.do.do.
substance
287SodealingwithanyShallnotarrestdo.do.do.do.
machinerywithoutwarrant
288Apersonomittingtoguarddo.do.do.do.do.
againstprobabledangerto
humanlifebythefallofany
buildingoverwhichhehasa
rightentitlinghimtoputit
downorrepairit
289ApersonomittingtotakeorderMayarrestwithoutdo.do.do.do. withanyanimalinhiswarrant
possessionsoastoguard
againstdangertohumanlife
orofgrievoushurtfrom
suchanimal
290CommittingapublicnuisanceShallnotarrestdo.do.do.Fineoffourhundred withoutwarrantringgit
291ContinuanceofnuisanceafterMayarrestdo.do.do.Imprisonmentforsix injunctiontodiscontinuewithoutwarrantmonths,orfine,orboth 216 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXIV--OFFENCESAFFECTINGTHEPUBLICHEALTH,SAFETY,CONVENIENCE,DECENCY ANDMORALS--(cont.)
292Sale,etc.,ofobsceneobjectsMayarrestwithoutWarrantBailableNotImprisonmentfor toyoungpersonwarrantcompoundablethreeyears,orfine,or both
293Havinginpossessionobscenedo.do.do.do.Imprisonmentfor books,etc.,forsaleorfiveyears,orfine,or
exhibitionboth
294Obscenesongsdo.do.do.do.Imprisonmentfor
threemonths,orfine,
orboth
CHAPTERXV--OFFENCESRELATINGTORELIGION
295Destroying,damagingorMayarrestSummonsBailableCompoundableImprisonmentfortwo defilingaplaceofworshiporwithoutwarrantyears,orfine,orboth sacredobjectwithintentto
insultthereligionofany
classofpersons
296Causingadisturbancetoando.do.do.do.Imprisonmentforone assemblyengagedinreligiousyear,orfine,orboth
worship
217Criminal Procedure Code
297Trespassinginplaceofdo.do.do.do.Imprisonmentforone worshiporsepulchre,year,orfine,orboth
disturbingfuneralwith
intentiontowoundthe
feelingsortoinsultthe
religionofanyperson,or
offeringindignitytoa
humancorpse
298UtteringanywordormakingShallnotarrestdo.do.do.do. anysoundinthehearing,orwithoutwarrant
makinganygestureorplacing
anyobjectinthesightofany
personwithintentionto
woundhisreligiousfeeling
298ACausing,etc.,disharmony,MayarrestWarrantNotbailableNotImprisonmentfor disunity,orfeelingsofwithoutwarrantcompoundablefiveyears enmity,hatredorill-willor
prejudicing,etc.,the
maintenanceofharmonyor
unityongroundsofreligion
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY
OffencesAffectingLife
302MurderMayarrestWarrantNotbailableNotDeath
withoutwarrantcompoundable
304Culpablehomicidenotdo.do.do.do.Imprisonmentfor amountingtomurder,ifacttwentyyears,andfine
bywhichthedeathiscaused
isdonewithintention
ofcausingdeath,etc.
218 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) OffencesAffectingLife--(cont.)
304IfactisdonewithknowledgeMayarrestwithoutWarrantNotNotImprisonmentforten thatitislikelytocausedeath,warrantbailablecompoundableyears,orfine,orboth butwithoutanyintentionto
causedeath,etc.
304ACausingdeathbyrashordo.do.Bailabledo.Imprisonmentfortwo negligentactyears,orfine,orboth
305Abetmentofsuicidedo.do.Notbailabledo.Death,or
committedbyachild,orimprisonmentfor
insaneordeliriousperson,ortwentyyears,andfine
anidiot,oraperson
intoxicated
306Abettingthecommissionofdo.do.do.do.Imprisonmentforten suicideyears,andfine
307Attempttomurderdo.do.do.do.do.
307Ifsuchactcausehurttoanydo.do.do.do.Imprisonmentfor persontwentyyears
307Attemptbylifeconvicttodo.do.do.do.Death
murder,ifhurtiscaused
219Criminal Procedure Code
308Attempttocommitculpabledo.do.Bailabledo.Imprisonmentfor homicidethreeyears,orfine,or
both
308Ifsuchactcausehurttoanydo.do.do.do.Imprisonmentfor personsevenyears,orfine,
orboth
309Attempttocommitsuicidedo.do.do.do.Imprisonmentforone year,orfine,orboth
309BInfanticidedo.do.Notbailabledo.Imprisonmentfor twentyyears,andfine
CausingMiscarriage;InjuriestoUnbornChildren;ExposureofInfants;andConcealmentofBirths 312CausingmiscarriageShallnotarrestWarrantBailableNotImprisonmentfor withoutwarrantcompoundablethreeyears,orfine,or
both
312Ifthewomanisquickwithdo.do.do.do.Imprisonmentfor childsevenyears,andfine
313Causingmiscarriagewithoutdo.do.Notbailabledo.Imprisonmentfor woman'sconsenttwentyyears,andfine
314Deathcausedbyanactdonedo.do.do.do.Imprisonmentforten withintenttocauseyears,andfine
miscarriage
314Ifactdonewithoutwoman'sdo.do.do.do.Imprisonmentfor consenttwentyyears
315Actdonewithintenttodo.do.do.do.Imprisonmentforten preventachildbeingbornyears,orfine,orboth
alive,ortocauseittodie
afteritsbirth
220 Laws of Malaysia ACT 593
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) CausingMiscarriage;InjuriestoUnbornChildren;ExposureofInfants;andConcealmentofBirths--(cont.) 316CausingdeathofaquickShallnotarrestWarrantNotbailableNotImprisonmentforten unbornchildbyanactwithoutwarrantcompoundableyears,andfine amountingtoculpable
homicide
317ExposureofachildunderMayarrestdo.Bailabledo.Imprisonmentfor twelveyearsofagebyparentwithoutwarrantsevenyears,orfine, orpersonhavingcareofit,orboth
withintentionofwholly
abandoningit
318Concealmentofbirthbydo.do.do.do.Imprisonmentfortwo secretdisposalofdeadbodyyears,orfine,orboth
Hurt
323VoluntarilycausinghurtShallnotarrestSummonsBailableCompoundableImprisonmentforone withoutwarrantyear,orfineoftwo
thousandringgit,or
both
324VoluntarilycausinghurtbyMayarrestwithoutdo.do.NotImprisonmentfor dangerousweaponsormeanswarrantcompoundablethreeyears,orfine,or whipping,oranytwo
ofsuchpunishment
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
221Criminal Procedure Code
325Voluntarilycausinggrievousdo.do.do.CompoundableImprisonmentfor hurtwhensevenyears,andfine
permissionis
given
326Voluntarilycausinggrievousdo.do.NotbailableNotImprisonmentfor hurtbydangerousweaponscompoundabletwentyyears,andfine ormeansorwhipping
327Voluntarilycausinghurttodo.Warrantdo.do.Imprisonmentforten extortpropertyoravaluableyears,andfineor
security,ortoconstraintodowhipping
anythingwhichisillegalor
whichmayfacilitatethe
commissionofanoffence
328Administeringstupefyingdo.do.do.do.Imprisonmentforten drugwithintenttocausehurt,years,andfine
etc.
329Voluntarilycausinggrievousdo.do.do.do.Imprisonmentfor hurttoextortpropertyoratwentyyears,andfine
valuablesecurity,ortoorwhipping
constraintodoanything
whichisillegalorwhich
mayfacilitatethecommission
ofanoffence
330Voluntarilycausinghurttodo.do.Bailabledo.Imprisonmentfor extortconfessionorsevenyears,andfine
information,ortocompel
restorationofproperty,etc.
331Voluntarilycausinggrievousdo.do.Notbailabledo.Imprisonmentforten hurttoextortconfessionoryears,andfine
information,ortocompel
restorationofproperty,etc.
222 Laws of Malaysia ACT 593
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) Hurt--(cont.)
332Voluntarilycausinghurttodo.do.Bailabledo.Imprisonmentfor deterpublicservantfromhisthreeyears,orfine,or
dutyboth
333Voluntarilycausinggrievousdo.do.Notbailabledo.Imprisonmentforten hurttodeterpublicservantyears,andfine
fromhisduty
334VoluntarilycausinghurtonShallnotarrestSummonsBailableCompoundableImprisonmentforone graveandsuddenprovocation,withoutwarrantmonth,orfineofone notintendingtohurtanythousandringgit,or
otherthanthepersonwhoboth
gavetheprovocation
335CausinggrievoushurtonMayarrestdo.do.CompoundableImprisonmentfor graveandsuddenprovocation,withoutwarrantwhenfouryears,orfineof notintendingtohurtanypermissionisfourthousandringgit, otherthanthepersonwhogivenorboth
gavetheprovocation
336Doinganyactwhichdo.do.do.NotImprisonmentfor
endangershumanlifeorthecompoundablethreemonths,orfine personalsafetyofothersoffivehundred
ringgit,orboth
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
223Criminal Procedure Code
337Causinghurtbyanactdo.do.do.CompoundableImprisonmentforsix whichendangershumanwhenmonths,orfineofone
life,etc.permissionthousandringgit,or
isgivenboth
338Causinggrievoushurtbydo.do.do.do.Imprisonmentfortwo anactwhichendangersyears,orfineoftwo
humanlife,etc.thousandringgit,or
both
WrongfulRestraintandWrongfulConfinement
341WronglyrestraininganyMayarrestwithoutSummonsBailableCompoundableImprisonmentforone personwarrantmonth,orfineofone
thousandringgit,or
both
342Wronglyconfininganydo.do.do.do.Imprisonmentforone personyear,orfineoftwo
thousandringgit,or
both
343Wrongfullyconfiningfordo.do.do.NotImprisonmentfortwo threeormoredayscompoundableyears,orfine,orboth
344Wrongfullyconfiningfordo.do.do.do.Imprisonmentfor tenormoredaysthreeyears,andfine
345KeepinganypersoninShallnotarrestdo.do.do.Imprisonmentfortwo wrongfulconfinement,withoutwarrantyears,inadditionto knowingthatawrithasimprisonmentunder
beenissuedforhisanyothersection
liberation
346WrongfulconfinementinMayarrestwithoutdo.do.do.do. secretwarrant
347Wrongfulconfinementfordo.do.do.do.Imprisonmentfor thepurposeofextortingthreeyears,andfine
property,orconstraining
toanillegalact,etc.
224 Laws of Malaysia ACT 593
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) WrongfulRestraintandWrongfulConfinement--(cont.)
348WrongfulconfinementforMayarrestwithoutSummonsBailableNotImprisonmentfor thepurposeofextortingwarrantcompoundablethreeyears,andfine confessionorinformation,
orofcompellingrestoration
ofproperty,etc.
CriminalForceandAssault
352AssaultoruseofcriminalShallnotarrestSummonsBailableCompoundableImprisonmentfor forceotherwisethanonwithoutwarrantthreemonths,orfine graveprovocationofonethousand
ringgit,orboth
353AssaultoruseofcriminalMayarrestwithoutWarrantdo.NotImprisonmentfortwo forcetodeterapublicwarrantcompoundableyears,orfine,orboth servantfromdischargeof
hisduty
354Assaultoruseofcriminaldo.do.do.do.Imprisonmentforten forcetoawomanwithintentyears,orfine,or
tooutragehermodestywhipping,oranytwo
ofsuchpunishments
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
225Criminal Procedure Code
355AssaultorcriminalforceShallnotarrestSummonsdo.CompoundableImprisonmentfortwo withintenttodishonourawithoutwarrantyears,orfine,orboth person,otherwisethanon
graveandsudden
provocation
356AssaultorcriminalforceinMayarrestwithoutWarrantNotbailableNotImprisonmentfortwo attempttocommittheftofwarrantcompoundableyears,orfine,or propertywornorcarriedbywhipping,oranytwo
apersonofsuchpunishments
357Assaultoruseofcriminaldo.do.Bailabledo.Imprisonmentforone forceinattemptwrongfullyyear,orfineoftwo
toconfineapersonthousandringgit,or
both
358AssaultoruseofcriminalShallnotarrestSummonsdo.CompoundableImprisonmentforone forceongraveandsuddenwithoutwarrantmonth,orfineoffour provocationhundredringgit,or
both
Kidnapping,Abduction,SlaveryandForcedLabour
363KidnappingMayarrestwithoutWarrantNotbailableNotImprisonmentfor warrantcompoundablesevenyears,andfine
364Kidnappingorabductingindo.do.do.do.Death,or
ordertomurderimprisonmentfor
twentyyears,and
whipping
365Kidnappingorabductingdo.do.do.do.Imprisonmentfor withintentsecretlyandsevenyears,andfine
wrongfullytoconfinea
person
366Kidnappingorabductingado.do.do.do.Imprisonmentforten womantocompelheryears,andfine
marriageortocauseher
defilement,etc.
226 Laws of Malaysia ACT 593
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) Kidnapping,Abduction,SlaveryandForcedLabour--(cont.) 367KidnappingorabductinginMayarrestwithoutWarrantNotNotImprisonmentforten ordertosubjectapersontowarrantbailablecompoundableyears,andfine grievoushurt,slavery,etc.
368Concealingorkeepingindo.do.do.do.Punishmentfor confinementakidnappedkidnappingor
personabduction
369Kidnappingorabductingado.do.do.do.Imprisonmentfor childwithintenttotakesevenyears,andfine
propertyfromthepersonof
thechild
370BuyingordisposingofanyShallnotarrestdo.Bailabledo.do. personasaslavewithoutwarrant
371HabitualdealinginslavesMayarrestdo.Notbailabledo.Imprisonmentfor withoutwarranttwentyyears,andfine
372Exploitinganypersonfordo.do.do.do.Imprisonmentfor purposesofprostitutionfifteenyearsand
whipping,andfine
372A.Personslivingonortradingdo.do.do.do.do.
inprostitution
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
227Criminal Procedure Code
372B.Solicitingforpurposesdo.do.do.do.Imprisonmentforone ofprostitutionyear,orfine,orboth
373Suppressionofbrothelsdo.do.do.do.Imprisonmentfor fifteenyears,andfine
374Unlawfulcompulsorylabourdo.do.BailableCompoundableImprisonmentforone year,orfine,orboth
Rape,IncestandUnnaturalOffences
376RapeMayarrestwithoutWarrantNotbailableNotImprisonmentfornot warrantcompoundablelessthanfiveyearsand
notmorethantwenty
years,andwhipping
376BIncestdo.do.do.do.Imprisonmentfor
notlessthansix
yearsandnotmore
thantwentyyears,
andwhipping
377Buggerywithananimaldo.do.do.do.Imprisonmentfor twentyyears,and
fine,orwhipping
377BCarnalintercourseagainstdo.do.do.do.Imprisonmentfor theorderofnaturetwentyyears,and
whipping
377CCarnalintercourseagainstdo.do.do.do.Imprisonmentfornot theorderofnaturewithoutlessthanfiveyears,
consent,etc.andnotmorethan
twentyyears,and
whipping
377DOutrageondecencyMayarrestwithoutWarrantNotbailableNotImprisonmentfortwo warrantcompoundableyears
228 Laws of Malaysia ACT 593
CHAPTERXVI--OFFENCESAFFECTINGTHEHUMANBODY--(cont.) Rape,IncestandUnnaturalOffences--(cont.)
377EIncitingachildtoanactofMayarrestwithoutWarrantNotbailableNotImprisonmentfor grossindecencywarrantcompoundablefiveyears,and
whipping
CHAPTERXVII--OFFENCESAGAINSTPROPERTY
Theft
379TheftMayarrestwithoutWarrantNotbailableNotImprisonmentfor warrantcompoundablesevenyears,orfine,
orboth;forasecond
orsubsequentoffence
imprisonment,and
fine,orwhipping
379A(1)Punishmentfortheftofado.do.do.do.Imprisonmentfornot motorvehiclelessthanoneyearand
notmorethanseven
years,andfine
380Theftinabuilding,tent,ordo.do.do.do.Imprisonmentforten vesselyears,andfine;fora
secondorsubsequent
offenceimprisonment,
andfine,orwhipping
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
229Criminal Procedure Code
381Theftbyclerkorservantofdo.do.do.do.Imprisonmentfor propertyinpossessionofsevenyears,andfine
masteroremployer
382Theft,preparationhavingdo.do.do.do.Imprisonmentforten beenmadeforcausingdeathyears,andfine,or
orhurt,orrestraint,orfearwhipping
ofdeath,orofhurtorof
restraint,inordertothe
committingofsuchtheftor
toretiringaftercommitting
it,ortoretainingproperty
takenbyit
Extortion
384ExtortionMayarrestwithoutWarrantNotbailableNotImprisonmentforten warrantcompoundableyears,orfine,or
whipping,oranytwo
ofsuchpunishments
385Puttingorattemptingtoputdo.do.do.do.Imprisonmentfor infearofinjury,inordertosevenyears,andfine,
commitextortionorwhipping
386Extortionbyputtingapersondo.do.do.do.Imprisonmentfor infearofdeathorgrievousfourteenyears,and
hurtfine,orwhipping
387Puttingorattemptingtoputdo.do.do.do.Imprisonmentforten apersoninfearofdeathoryears,andfineor
grievoushurt,inordertowhipping
commitextortion
230 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXVII--OFFENCESAGAINSTPROPERTY
Extortion--(cont.)
388ExtortionbythreatofMayarrestwithoutWarrantNotbailableNotImprisonmentforten accusationofanoffencewarrantcompoundableyears,andfineor punishablewithdeath,whipping;ifthe
imprisonmentforlife,oroffencethreatenedbe
imprisonmentfortenyearsanunnaturaloffence,
imprisonmentfor
twentyyears
389Puttingapersoninfearofdo.do.do.do.do.
accusationofoffence
punishablewithdeath,
imprisonmentforlife,or
withimprisonmentforten
years,inordertocommit
extortion
RobberyandGangRobbery
392RobberyMayarrestwithoutWarrantNotbailableNotImprisonmentforten warrantcompoundableyears,andfine
392Ifcommittedonthehighwaydo.do.do.do.Imprisonmentfor betweensunsetandsunrisefourteenyears,and
fine,orwhipping
231Criminal Procedure Code
393Attempttocommitrobberydo.do.do.do.Imprisonmentfor sevenyears,andfine
394Personvoluntarilycausingdo.do.do.do.Imprisonmentfor hurtincommittingortwentyyears,and
attemptingtocommitfine,orwhipping
robbery,oranyotherperson
jointlyconcernedinthe
robbery
395Gangrobberydo.do.do.do.Imprisonmentfor
twentyyears,and
whipping
396Gangrobberywithmurderdo.do.do.do.Death,imprisonment fortwentyyears,and
whipping
397Robberywhenarmedorwithdo.do.do.do.Whippinginaddition attempttocausedeathortothepunishment
grievoushurtunderanyother
section
399Makingpreparationtodo.do.do.do.Imprisonmentforten commitgangrobberyyears,andwhipping
400Belongingtoagangofdo.do.do.do.Imprisonmentfor
personsassociatedforthetwentyyears,and
purposeofhabituallywhipping
committinggangrobbery
401Belongingtoawanderingdo.do.do.do.Imprisonmentfor gangofpersonsassociatedsevenyears,andfine,
forthepurposeofhabituallyorwhipping
committingthefts
232 Laws of Malaysia ACT 593
CHAPTERXVII--OFFENCESAGAINSTPROPERTY--(cont.)
RobberyandGangRobbery--(cont.)
402BeingoneoffiveormoreMayarrestwithoutWarrantNotbailableNotImprisonmentforseven personsassembledforthewarrantcompoundableyears,andfine,or purposeofcommittinggangwhipping
robbery
CriminalMisappropriationofProperty
403DishonestmisappropriationShallnotarrestWarrantBailableNotImprisonmentfornot ofmovableproperty,orwithoutwarrantCompoundablelessthansixmonths convertingittoone'sownandnotmorethan
usefiveyears,and
whippingandfine
404Dishonestmisappropriationdo.do.do.do.do.
ofproperty,knowingthatit
wasinpossessionofa
deceasedpersonathisdeath,
andthatithasnotsincebeen
inthepossessionofany
personlegallyentitledtoit
404Ifbyclerkorpersondo.do.do.do.Imprisonmentfornot employedbydeceasedlessthanoneyearand
notmorethanten
years,andwhipping,
andfine
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
233Criminal Procedure Code
CriminalBreachofTrust
406CriminalbreachoftrustMayarrestwithoutWarrantNotbailableNotImprisonmentfornot warrantcompoundablelessthanoneyear,
andnotmorethanten
years,andwith
whipping,andfine
407Criminalbreachoftrustbyado.do.do.do.do.
carrier,wharfinger,etc.
408Criminalbreachoftrustbyado.do.do.do.do.
clerkorservant
409Criminalbreachoftrustbydo.do.do.do.Imprisonmentfornot publicservant,orbybanker,lessthantwoyears
merchant,oragent,etc.andnotmorethan
twentyyears,and
whipping,andfine
ReceivingStolenProperty
411Dishonestlyreceivingstolendo.do.Notbailabledo.Imprisonmentfor propertyknowingittobefiveyears,orfine,or
stolenboth;ifthestolen
propertyisamotor
vehicleorany
componentpartofit,
imprisonmentfor
notlessthansix
monthsandnotmore
thanfiveyears,and
fine
412Dishonestlyreceivingstolendo.do.do.do.Imprisonmentfor property,knowingthatittwentyyears,andfine
wasobtainedbygang
robbery
234 Laws of Malaysia ACT 593
CHAPTERXVII--OFFENCESAGAINSTPROPERTY--(cont.)
ReceivingStolenProperty--(cont.)
413HabituallydealinginstolenMayarrestwithoutWarrantNotbailableNotImprisonmentfor propertywarrantcompoundabletwentyyears,andfine
414Assistinginconcealment,ordo.do.do.do.Imprisonmentfor disposalofstolenproperty,sevenyears,orfine,
knowingittobestolenorboth;ifthestolen
propertyisamotor
vehicleorany
componentpartofit,
imprisonmentfornot
lessthansixmonths
andnotmorethanseven
years,andfine
Cheating
417CheatingShallnotarrestwithoutWarrantBailableNotImprisonmentfor warrantcompoundablefiveyears,orfine,or
both
418Cheatingapersonwhosedo.do.do.do.Imprisonmentfor interesttheoffenderwassevenyears,orfine,
boundeitherbylaworbyorboth
legalcontracttoprotect
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
235Criminal Procedure Code
419CheatingbypersonationMayarrestwithoutdo.do.do.do. warrant
420Cheatingandtherebydo.do.do.do.Imprisonmentfornot dishonestlyinducingdeliverylessthanoneyearand
ofproperty,orthemaking,notmorethantenyears,
alterationordestructionofaandfine
valuablesecurity
FraudulentDeedsandDispositionsofProperty
421FraudulentremovalorShallnotarrestwithoutWarrantBailableNotImprisonmentfor concealmentofproperty,warrantcompoundablefiveyears,orfine,or etc.,topreventdistributionboth
amongcreditors
422Fraudulentlypreventingdo.do.do.do.do.
frombeingmadeavailable
forhiscreditorsadebtor
demandduetotheoffender
423Fraudulentexecutionofdo.do.do.do.do.
deedoftransfercontaininga
falsestatementof
consideration
424Fraudulentremovalordo.do.do.do.do.
concealmentofpropertyof
himselforanyotherperson,
orassistinginthedoing
releasinganydemandor
claimtowhichheisentitled
236 Laws of Malaysia ACT 593
CHAPTERXVII--OFFENCESAGAINSTPROPERTY--(cont.)
Mischief
426MischiefShallnotarrestSummonsBailableCompoundableImprisonmentfor withoutwarrantwhentheonlythreemonths,orfine,
lossordamageorboth
causedisloss
ordamagetoa
privateperson
427Mischiefandcausingdamagedo.Warrantdo.do.Imprisonmentfortwo totheamountoftwenty-fiveyears,orfine,orboth
ringgitorupwards
428Mischiefbykilling,Mayarrestwithoutdo.do.Notdo. poisoning,maiming,orwarrantcompoundable
renderinguselessanyanimal
ofthevalueoffiveringgitor
upwards
429Mischiefbykilling,do.do.do.do.Imprisonmentfor
poisoning,maimingorfiveyears,orfine,or
renderinguselessanyboth
elephant,camel,horses,etc.,
whatevermaybeitsvalue,or
anyotheranimalofvalueof
twenty-fiveringgitor
upwards
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
237Criminal Procedure Code
430Mischiefbycausingdo.do.do.do.do.
diminutionofsupplyof
waterforagricultural
purposes,etc.
430AMischiefaffectingrailwaydo.do.do.do.Imprisonmentfor engine,train,etc.twentyyears,and
fine,orwhipping
431Mischiefbyinjurytopublicdo.do.do.do.Imprisonmentfor road,bridge,navigableriverfiveyears,orfine,or
orchannelandrenderingitboth
impossibleorlesssafefor
travellingorconveying
property
431AMischiefbyinjurytodo.do.do.do.Imprisonmentfortwo telegraphcablewire,etc.years,orfine,orboth
432Mischiefbycausingdo.do.do.do.Imprisonmentfor
inundation,orobstructiontofiveyears,orfine,or
publicdrainage,attendedboth
withdamage
433Mischiefbydestroyingordo.do.do.do.Imprisonmentfor movingorrenderinglesssevenyears,orfine,
usefulalight-houseororboth
sea-mark,orbyexhibiting
falselights
434MischiefbydestroyingorShallnotarrestwithoutdo.do.do.Imprisonmentforone moving,etc.,alandmarkwarrantyear,orfine,orboth
fixedbypublicauthority
435MischiefbyfireorexplosiveMayarrestwithoutdo.do.do.Imprisonmentfor substancewithintenttowarrantsevenyears,andfine
causedamagetoamountof
fiftyringgitorupwards
238 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXVII--OFFENCESAGAINSTPROPERTY--(cont.)
Mischief--(cont.)
436MischiefbyfireorexplosiveMayarrestwithoutWarrantNotbailableNotImprisonmentfor substancewithintenttowarrantcompoundabletwentyyears,andfine destroyahouse,etc.
437Mischiefwithintenttodo.do.do.do.Imprisonmentforten destroyormakeunsafeayears,andfine
deckedvesselorvesselof
twentytonsburden
438Themischiefdescribedindo.do.do.do.Imprisonmentfor thelastsectionwhentwentyyears,andfine
committedbyfireorany
explosivesubstance
439Runningvesselashorewithdo.do.do.do.Imprisonmentforten intenttocommittheft,etc.years,andfine
440Mischiefcommittedafterdo.do.do.do.Imprisonmentfor preparationmadeforfiveyears,andfine
causingdeathorhurt,etc.
239Criminal Procedure Code
CriminalTrespass
447CriminaltrespassMayarrestSummonsBailableCompoundableImprisonmentfor withoutwarrantthreemonths,orfine
ofonethousand
ringgit,orboth
448Housetrespassdo.Warrantdo.do.Imprisonmentforone year,orfineoftwo
thousandringgit,or
both
449Housetrespassinordertodo.do.NotbailableNotImprisonmentfor thecommissionofancompoundabletwentyyears,andfine
offencepunishablewith
death
450Housetrespassinordertodo.do.do.do.Imprisonmentforten thecommissionofanyears,andfine
offencepunishablewith
penalservitudeforlife
451Housetrespassinordertodo.do.Bailabledo.Imprisonmentfortwo thecommissionofanyears,andfine
offencepunishablewith
imprisonment
451Iftheoffenceistheftdo.do.Notbailabledo.Imprisonmentfor sevenyears,andfine
452Housetrespass,havingmadedo.do.do.do.do.
preparationforcausinghurt,
assault,etc.
453Lurkinghousetrespassordo.do.do.do.Imprisonmentfortwo housebreakingyears,andfine;for
everysecondor
subsequentoffence
imprisonment,and
fine,orwhipping
240 Laws of Malaysia ACT 593
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
CHAPTERXVII--OFFENCESAGAINSTPROPERTY--(cont.)
CriminalTrespass--(cont.)
454LurkinghousetrespassorMayarrestwithoutWarrantNotNotImprisonmentfor housebreakinginordertowarrantbailablecompoundablethreeyears,andfine thecommissionofan
offencepunishablewith
imprisonment
454Iftheoffenceistheftdo.do.do.do.Imprisonmentforten years,andfine
454Foreverysecondordo.do.do.do.Imprisonmentas
subsequentoffenceaboveandfine,or
whipping
455Lurkinghousetrespassordo.do.do.do.Imprisonmentforten housebreakingafteryears,andfine,or
preparationmadeforwhipping
causinghurt,assault,etc.
456Lurkinghousetrespassordo.do.do.do.Imprisonmentfor housebreakingbynightthreeyears,andfine;
foreverysecondor
subsequentoffence
imprisonment,and
fine,orwhipping
241Criminal Procedure Code
457Lurkinghousetrespassordo.do.do.do.Imprisonmentfor housebreakingbynightinfiveyears,andfine
ordertothecommissionof
anoffencepunishablewith
imprisonment
457Iftheoffenceistheftdo.do.do.do.Imprisonmentfor fourteenyears,and
fine
457Foreverysecondordo.do.do.do.Imprisonmentas
subsequentoffenceabove,andfine,or
whipping
458Lurkinghousetrespassordo.do.do.do.Imprisonmentfor housebreakingbynight,fourteenyears,and
afterpreparationmadeforfine,orwhipping
causinghurt,etc.
459Grievoushurtcausedwhiledo.do.do.do.Imprisonmentfor committinglurkinghousetwentyyears,and
trespassorhousebreakingfine,orwhipping
460Deathorgrievoushurtdo.do.do.do.Imprisonmentfor causedbyoneofseveraltwentyyears,andfine
personsjointlyconcernedin
housebreakingbynight,etc.
461Dishonestlybreakingopendo.do.Bailabledo.Imprisonmentfortwo orunfasteninganyclosedyears,orfine,orboth
receptaclecontainingor
supposedtocontainproperty
462Beingentrustedwithanydo.do.do.do.Imprisonmentfor closedreceptaclecontainingthreeyears,orfine,or
orsupposedtocontainanyboth
property,andfraudulently
openingthesame
242 Laws of Malaysia ACT 593
CHAPTERXVIII--OFFENCESRELATINGTODOCUMENTSANDTOCURRENCYNOTES ANDBANKNOTES
465ForgeryShallnotarrestWarrantBailableNotImprisonmentfortwo withoutwarrantcompoundableyears,orfine,orboth
466Forgeryofarecordofado.do.Notbailabledo.Imprisonmentfor CourtorofaRegisterofsevenyears,andfine
Births,etc.,keptbyapublic
servant
467Forgeryofavaluabledo.do.do.do.Imprisonmentfor
security,will,orauthoritytotwentyyears,and
makeortransferanyfine
valuablesecurity,orto
receiveanymoney,etc.
468Forgeryforthepurposeofdo.do.do.do.Imprisonmentfor cheatingsevenyears,andfine
469Forgeryforthepurposeofdo.do.Bailabledo.Imprisonmentfor harmingthereputationofthreeyears,andfine
anyperson,orknowingthat
itislikelytobeusedforthat
purpose
471Usingasgenuineaforgeddo.do.do.do.Punishmentfor documentwhichisknownforgery
tobeforged
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
243Criminal Procedure Code
472Markingorcounterfeitingado.do.Notbailabledo.Imprisonmentfor seal,plate,etc.,withintenttwentyyears,andfine
tocommitaforgery
punishableundersection
467ofthePenalCode,or
possessingwithlikeintent
anysuchseal,plate,etc.,
knowingthesametobe
counterfeit
473Markingorcounterfeitingado.do.do.do.Imprisonmentfor seal,plate,etc.,withintentsevenyears,andfine
tocommitaforgery
punishableotherwisethan
undersection467ofthe
PenalCode,orpossessing
withlikeintentanyseal,
plate,etc.,knowingthe
sametobecounterfeit
474Havingpossessionofado.do.do.do.do.
documentknowingittobe
forged,withintenttouseit
asgenuine;ifthedocument
isoneofthedescription
mentionedinsection466of
thePenalCode
474Ifthedocumentisoneofthedo.do.do.do.Imprisonmentfor descriptionmentionedintwentyyears,andfine
section467ofthePenal
Code
244 Laws of Malaysia ACT 593
CHAPTERXVIII--OFFENCESRELATINGTODOCUMENTSANDTOCURRENCYNOTES ANDBANKNOTES--(cont.)
475CounterfeitingadeviceorShallnotarrestWarrantNotNotImprisonmentfor markusedforauthenticatingwithoutwarrantbailablecompoundabletwentyyears,and documentsdescribedinfine
section467ofthePanel
Code,orpossessing
counterfeitmarkedmaterial
476Counterfeitingadeviceordodo.do.do.Imprisonmentfor markusedforauthenticatingsevenyears,andfine
documentotherthanthose
describedinsection467of
thePanelCode,or
possessingcounterfeit
markedmaterial
477Fraudulentlydestroyingordo.do.do.do.Imprisonmentfor defacing,orattemptingtwentyyearsandfine
destroyordeface,or
secretingawill,etc.
477AFalsificationofaccountsdo.do.do.do.Imprisonmentfor sevenyears,orfine,
orboth
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
245Criminal Procedure Code
489AForgingorcounterfeitingMayarrestwithboutdo.do.do.Imprisonmentfor currencynotesorbanknoteswarranttwentyyears,andfine 489BUsingasgenuineforgeddo.do.do.do.Imprisonmentfor counterfeitcurrencynotestwentyyears,andfine
orbanknotes
489CPossessionofforgedordo.do.do.do.Imprisonmentforten counterfeitcurrencynotesoryears
banknotes
489DMakingorpossessingMayarrestwithoutWarrantNotbailableNotcompoundableImprisonmentfor instrumentsormaterialforwarranttwentyyears,and
forgingorcounterfeitingfine
currencynotesorbanknotes
CHAPTERXIX--CRIMINALBREACHOFCONTRACTSOFSERVICE
491BeingboundtoattendonorShallnotarrestSummonsBailableCompoundableImprisonmentfor supplythewantsofthewithoutwarrantthreemonths,orfine personwhoishelplessoffourhundred
fromyouth,unsoundnessofringgit,orboth
mindordisease,and
voluntarilyomittingtodoso
CHAPTERXX--OFFENCESRELATINGTOMARRIAGE
493AmanbydeceitcausingaShallnotarrestWarrantNotbailableNotImprisonmentforten womannotlawfullymarriedwithoutwarrantcompoundableyears,andfine tohimtobelievethatsheis
lawfullymarriedtohimand
toco-habitwithhiminthat
belief
246 Laws of Malaysia ACT 593
CHAPTERXX--OFFENCESRELATINGTOMARRIAGE--(cont.)
494MarryingagainduringtheShallnotarrestWarrantBailableNotImprisonmentfor lifetimeofahusbandorwifewithoutwarrantcompoundablesevenyears,andfine 495Sameoffencewithdo.do.Notbailabledo.Imprisonmentforten concealmentoftheformeryears,andfine
marriagefromtheperson
withwhomsubsequent
marriageiscontracted
496Apersonwithfraudulentdo.do.do.do.Imprisonmentfor intentiongoingthroughthesevenyears,andfine
ceremonyofbeingmarried,
knowingthatheisnot
lawfullymarried
498Enticingortakingawayordo.do.BailableCompoundableImprisonmentfortwo detainingwithacriminalyears,orfine,orboth
intentamarriedwoman
CHAPTERXXI--DEFAMATION
500DefamationShallnotarrestWarrantBailableCompoundableImprisonmentfortwo withoutwarrantyears,orfine,orboth
501Printingandengravingdo.do.do.dodo.
matterknowingittobe
defamatory
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
247Criminal Procedure Code
502Salesofprintedorengraveddo.do.do.do.do.
substancecontaining
defamatorymatter,knowing
ittocontainsuchmatter
CHAPTERXXII--CRIMINALINTIMIDATION,INSULTANDANNOYANCE 504InsultintendedtoprovokeaShallnotarrestWarrantBailableCompoundableImprisonmentfor breachofthepeacewithoutwarranttwoyears,orfineor
both
505Falsestatement,rumour,do.do.NotbailableNotdo.
etc.,circulatedwithintenttocompoundable
causemutinyoroffence
againstpublicpeace
506CriminalintimidationMayarrestwithoutdo.do.do.do. warrant
506Ifthreatbetocausedeathordo.do.do.do.Imprisonmentfor grievoushurt,etc.sevenyears,orfine,
orboth
507Criminalintimidationbydo.do.Bailabledo.Imprisonmentfortwo anonymouscommunicationyears,inadditionto
orhavingtakenprecautionthepunishmentunder
toconcealwhenthethreatabovesection
comes
508ActcausedbyinducingaShallnotarrestwithoutdo.do.do.Imprisonmentforone persontobelievethathewarrantyear,orfineorboth
willberenderedanobjectof
Divinedispleasure
509Utteringanywordormakingdo.do.do.do.Imprisonmentfor anygestureintendedtoinsultfiveyears,orfine,or
themodestyofperson,etc.both
248 Laws of Malaysia ACT 593
CHAPTERXXII--CRIMINALINTIMIDATION,INSULTANDANNOYANCE--(cont.) 510AppearinginapublicplaceShallnotarrestwithoutWarrantBailableNotImprisonmentforten etc.,inastateofintoxication,warrantcompoundabledays,orfineof andcausingannoyancetotwentyringgit,or
anypersonboth
ATTEMPTTOCOMMITOFFENCES
511AttemptingtocommitAccordingastheAccordingasAccordingasCompoundableThepunishment offencespunishablewithoffenceisoneintheoffenceistheoffencewhentheprovidedforthe imprisonment,andinsuchrespectofwhichtheoneinrespectcontemplatedoffenceoffence:imprisonment attemptdoinganyactPolicemayarrestofwhichabytheattemptedisnottoexceedone-half towardsthecommissionofwithoutwarrantornotsummonsoroffenderiscompoundableofthelongestterm theoffencewarrantshallbailableornotprovidedforthe ordinarilyissueoffence
OFFENCESAGAINSTLAWSOTHERTHANTHEPENALCODE
Ifpunishablewithdeath,orMayarrestwithoutWarrantNotbailableNotcompoundable imprisonmentforsevenwarrant
yearsorupward
Ifpunishablewithdo.do.do.do.
imprisonmentforthree
yearsandupwards,butless
thansevenyears
IfpunishablewithShallnotarrestSummonsBailabledo.
imprisonmentforlessthanwithoutwarrant
threeyears
Ifpunishablewithfineonlydo.do.do.do.
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PenalOffenceWhetherthepolicemayWhetheraWhetherWhetherMaximum Codeordinarilyarrestwithoutwarrantorabailablecompoundablepunishmentunderthe SectionwarrantornotsummonsshallornotornotPenalCode ordinarilyissue
inthefirst
instance
249Criminal Procedure Code
SECOND SCHEDULE
FORMS
FORM 1 [Section 34]
SUMMONS TO AN ACCUSED PERSON
To of .
Whereas your attendance is necessary to answer to a charge of you are hereby required to appear on the day of
at a.m/p.m in person [or by advocate, as the case may be] before the Magistrate's Court at .
Dated this day of 20 .
(Seal) Magistrate
FORM 2 [Sections 38 and 39]
WARRANT OF ARREST
To the Inspector General of Police, and all other Police Officers. Whereas of stands charged with the offence of you are directed to arrest the said and to produce him before the Magistrate's Court at .
Dated this day of 20 .
(Seal) Magistrate
This Warrant may be indorsed as follows--
If the said shall give bail himself in the sum of ringgit, with one surety in the sum of ringgit [or two sureties each in the sum of ringgit] to attend before the Court on the day of and to continue so to attend until otherwise directed by me, he may be released.
Dated this day of 20 .
(Seal) Magistrate
250 Laws of Malaysia ACT 593
FORM 3 [Section 390]
BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT
I of , being brought before the Magistrate's Court at under a warrant issued to compel my appearance to answer to a charge of do hereby bind myself to attend in the Magistrate's Court at on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
I [or we] do hereby declare myself [or ourselves] surety [or sureties] for the above-named of , that he shall attend before the Magistrate's Court at on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I [or we] hereby bind myself [or ourselves, jointly and severally] to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 4 [Section 44]
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED Whereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of punishable under section of the Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said cannot be found; and whereas it has been shown to my satisfaction that the said has absconded [or is concealing himself to avoid the service of the said warrant, as the case may be]: Proclamation is hereby made that the said of is
required to appear before the Magistrate's Court at to answer the said complaint within days from this date.
Dated this day of 20 .
(Seal) Magistrate
251Criminal Procedure Code
FORM 5 [Section 44]
PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS Whereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of and a warrant has been issued to compel the attendance of of before the Magistrate's Court at to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said cannot be served, and it has been shown to my satisfaction that he has absconded [or is concealing himself to avoid the service of the said warrant]:
Proclamation is hereby made that the said is required to appear before the Magistrate's Court at on the day of
next at a.m./p.m. to be examined touching the offence complained of.
Dated this day of 20 .
(Seal) Magistrate
FORM 6 [Section 45]
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS To the Police Officer in charge of the Police District of Whereas a warrant has been duly issued to compel the attendance of of to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to the satisfaction of the Court that he has absconded [or is concealing himself to avoid the service of the said warrant]; and thereupon a Proclamation was duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein, and he has failed to appear:
This is to authorize and require you to attach by seizure the movable property belonging to the said to the value of ringgit which you may find within the State and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an indorsement certifying the manner of its execution. Dated this day of 20 .
(Seal) Magistrate
252 Laws of Malaysia ACT 593
FORM 7 [Section 47]
WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS To the Inspector General of Police, and all other Police Officers. Whereas complaint has been made before me that of has [or is suspected to have] committed the offence of and it appears likely that of can give evidence concerning the said complaint; and whereas the Court has good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so:
This is to authorize and require you to arrest the said of and on the day of to bring him before the Magistrate's Court at to be examined touching the offence complaint of.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 8 [Section 54]
WARRANT TO SEARCH AFTER INFORMATION OF A
PARTICULAR OFFENCE
To the Chief Police Officer of the State of ,and other Police Officers (to be designated by name).
Whereas information has been laid [or complaint has been made] before me of the commission [or suspected commission] of the offence of and it has been made to appear to me that the production of the articles specified in the Schedule below is essential to the enquiry now being made [or about to be made] into the said offence [or suspected offence]: This is to authorize and require you within the space of days from the date hereof to search for the said articles specified in the Schedule below in the (describe the house or place, or part thereof, to which the search is to be confined), and, if found, to produce the same immediately before the Magistrate's Court; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
253Criminal Procedure Code
FORM 9 [Section 56]
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
To the Chief Police Officer of the State of , and other Police Officer or Officers (designated by name herein).
Whereas information has been laid before me, and on due enquiry thereupon I have been led to believe that the (describe the house or other place) is used as a place for the deposit [or sale] of stolen property [or if for either of the other purposes expressed in the section, state the purpose in the words of the section]: This is to authorize and require you within the space of days from the date hereof to enter the said house [or other place] with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house [or other place, or if the search is to be confined to a part, specify the part clearly] and to seize and take possession of any property [or documents, or stamps, or seals, or coins, or trade marks, as the case may be]--[Add (when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or trade marks, or counterfeit stamps, or false seals, or counterfeit coin, as the case may be] and immediately to bring before this Court such of the said things as may be taken possession of; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 10 [Section 66]
BOND TO KEEP THE PEACE
Whereas I inhabitant of have been called upon
to enter into a bond to keep the peace for the term of I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term; and, in case of my making default therein, I hereby bind myself to forfeit to the Yang di- Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
254 Laws of Malaysia ACT 593
FORM 11 [Sections 68 and 69]
BOND FOR GOOD BEHAVIOUR
Whereas I inhabitant of have been called upon to
enter into a bond to be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia for the term of I hereby bind myself to be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia during the said term; and in case of my making default therein, I hereby bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
(When a bond with sureties is to be executed, add): We do hereby declare ourselves sureties for the above-named that he will be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia during the said term; and in case of his making default therein we hereby bind ourselves jointly and severally to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 12 [Section 70]
ORDER TO SHOW CAUSE
Whereas information has been received by me that (here set out the substance of the information received).
It is hereby ordered that do attend at the Magistrate's Court at on the day of 20 , at a.m./p.m. to show
cause why he should not be ordered to execute a bond for his good behaviour in the sum of ringgit to be in force for the term of months with sufficient sureties being (here state character and class of sureties required). Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
255Criminal Procedure Code
FORM 13 [Section 71]
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE To of .
Whereas it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace [or by which act a breach of the peace will probably be occasioned], you are hereby required to attend in person [or by an advocate] at the Magistrate's Court at on the day of , 20 , a.m./p.m. , to
show cause why you should not be required to enter into a bond for ringgit [when sureties are required, add:--and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of ringgit (each, if more than one)], that you will keep the peace for the term of . Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 14 [Section 79]
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY TO KEEP THE PEACE
To the Officer in charge of the Prison at .
Whereas of appeared before me in person [or by his authorized agent] on the day of in obedience to a summons calling upon him to show cause why he should not enter into a bond for ringgit with one surety [or a bond with two sureties each in ringgit], that he the said would keep the peace for the period of . And whereas an order was then made requiring the said to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order: This is to authorize and require you to receive the said into your custody, together with this warrant, and him safely to keep in prison for the said period of unless he shall, in the meantime, comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received, and the said released; and to return this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 15 [Section 79]
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY FOR GOOD BEHAVIOUR
To the Officer in charge of the Prison at .
Whereas it has been made to appear to me that of has been and is lurking within the District of having no ostensible means of subsistence [or and that he is unable to give any satisfactory account of himself]:
or
Whereas evidence of the general character of of has been adduced before me and recorded, from which it appears that he is a habitual robber [or housebreaker, etc., as the case may be]. And whereas an order has been recorded stating the same and requiring the said to furnish security for his good behaviour for the term of by entering into a bond with one surety [or two or more sureties, as the case may be], himself for ringgit, and the said surety [or each of the said sureties] for ringgit, and the said has failed to comply with the said order, and for such default has been adjudged imprisonment for unless the said security be sooner furnished: This is to authorize and require you to receive the said into your custody, together with this warrant, and him safely to keep in prison for the said period of , unless he shall in the meantime comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received and the said released; and to return this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 16 [Sections 79 and 80]
WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
To the Officer in charge of the Prison at (or other officer in whose custody the person is).
Whereas of was committed to your custody under
warrant of this Court, dated the day of , and has since duly given security under section of the Criminal Procedure Code, or
and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community:
This is to authorize and require you immediately to discharge the said from your custody, unless he is liable to be detained for some other cause.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 17 [Section 89]
ORDER FOR THE REMOVAL OF NUISANCES
To of .
Whereas it has been made to appear to me that you have caused an obstruction [or nuisance] to persons using the public roadway [or other public place] which, etc. (describe the road or public place), by, etc. (state what it is that causes the obstruction or nuisance) and that such obstruction [or nuisance] still exists:
or
Whereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of
at and that the same is injurious to the public health [or comfort] by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place: or
Whereas it has been made to appear to me that you are the owner [or are in possession of, or have the control over] a certain tank [or well, or excavation] adjacent to the public way (describe the thoroughfare) and that the safety of the public is endangered by reason of the said tank [or well, or excavation] being without a fence [or insecurely fenced]:
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or
Whereas, etc., etc. (as the case may be):
I do hereby direct and require you within to or to appear at in the Court of on the day of next,
and to show cause why this order shall not be enforced: or
I do hereby direct and require you within to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.:
or
I do hereby direct and require you within to put up a sufficient fence (state the kind of fence and the part to be fenced) or to appear, etc. or
I do hereby direct and require you, etc., etc. (as the case may be). Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 18 [Section 94]
NOTICE AND PEREMPTORY ORDER BY MAGISTRATE
AFTER ORDER ABSOLUTE
To of .
Notice is hereby given that an order absolute has been made against you requiring you and you are hereby directed and required to obey the said order within on peril of the penalty provided by section 188 of the Penal Code for disobedience to it.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
259Criminal Procedure Code
FORM 19 [Section 96]
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER
PENDING DECISION
To of .
Whereas a conditional order was made by this Court on the day of 20 , requiring you and it has been made to appear to this Court that the nuisance mentioned in the said order is attended with so imminent serious danger to the public as to render necessary immediate measures to prevent such danger, you are hereby, under section 96 of the Criminal Procedure Code, directed and enjoined forthwith to pending the final decision of the case.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 20 [Section 97]
ORDER OF MAGISTRATE PROHIBITING THE REPETITION,
ETC., OF A NUISANCE
To of .
Whereas it has been made to appear to this Court that, etc. (state the proper recital, guided by Form No. 17 or Form No. 21, as the case may be): You are hereby ordered and enjoined not to repeat the said nuisance by again placing, or causing, or permitting to be placed, etc. (as the case may be). Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 21 [Section 98]
ORDER OF MAGISTRATE TO PREVENT OBSTRUCTION, RIOT, ETC. To of .
Whereas it has been made to appear to this Court that you are in possession [or have the management] of and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road:
or
Whereas it has been made to appear to this Court that you and a number of other persons (mention the class of persons) are about to meet and proceed in a religious procession along the public street, etc. (as the case may be) and that such procession is likely to lead to a riot or an affray: or
Whereas, etc., etc. (as the case may be).
You are hereby ordered not to place or permit to be placed any of the earth or stones dug from your land in any part of the said road. or
The procession passing along the said street is hereby prohibited, and you are warned and enjoined not to take any part in such procession [or, as the case recited may require].
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 22 [Section 99]
ORDER OF MAGISTRATE DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE
Whereas it appears to the undersigned Magistrate on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain situate at the parties were called upon to give in to this Court a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and this Court being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said is true: It is hereby decided and declared that he is [or they are] in possession of the said and entitled to retain such possession until ousted by due course of law, and any disturbance of his [or their] possession in the meantime is forbidden.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 23 [Section 100]
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.
To the Chief Police Officer of the State of [or, To the District Land Administrator ].
Whereas it having been made to appear to the undersigned Magistrate that a dispute likely to induce a breach of the peace existed between of and of concerning certain situate
at , the said parties were thereupon duly called upon to state to this Court in writing their respective claims as to the fact of actual possession of the said . And whereas, upon due enquiry into the said claims, this Court has decided that neither of the said parties was in possession of the said [or this Court is unable to satisfy itself as to which of the said parties was in possession as aforesaid]:
This is to authorize and require you to attach the said (the subject of dispute) by taking and keeping possession of it, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained; and to return this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 24 [Section 101]
ORDER OF MAGISTRATE PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER
A dispute having arisen concerning the right of use of situate at , possession of which land [or water] is claimed exclusively by and it appearing to this Court, on due enquiry into the same, that the said land [or water] has been open to the enjoyment of such use by the public [or if by any individual or a class of persons, describe him or them], and [if the use can be enjoyed throughout the year--that the said use has been enjoyed within three months of the institution of the said enquiry, or if the use is enjoyable only at particular seasons, say during the last of the seasons at which the same is capable of being enjoyed]:
It is hereby ordered that the said or any one in their interest, shall not take [or retain] possession of the said land [or water] to the exclusion of the enjoyment of the right of use aforesaid, until he [or they] shall obtain the decree or order of a competent Court adjudging him [or them] to be entitled to exclusive possession.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 25 [Section 118]
BOND TO PROSECUTE OR GIVE EVIDENCE
I of do hereby bind myself to attend at the Magistrate's Court at , at a.m./p.m. on the day of next, and then and there to give evidence in the matter of a charge of against one A B; and in case of my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
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FORM 26 [Section 120]
REPORT OF POLICE INVESTIGATION
To the Public Prosecutor.
1. At a.m./p.m. on the day of 20 , I received information by from that a had taken place at and that persons were concerned or suspected of being concerned therein, and that the total amount of property concerned in the report was RM .
2. I proceeded thereupon to take action as detailed in the enclosed investigation diaries.
3. I ascertained the following facts.
4. I examined the following witnesses whose statements accompany this report: persons marked "B" are under a Bond to appear in Court.
5. The following documents accompany this report in addition to the statements of the witnesses:
Investigation Diary No.
6. I am of opinion that the offence of is disclosed and that the following persons are concerned therein .
7. I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I have been unable to examine them for the reasons here stated:
8. The under-mentioned articles have been secured or recovered and are to serve as exhibits.
Signature
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FORM 27 [Sections 152 and 154]
CHARGES
(1)--CHARGES WITH ONE HEAD
Penal Code:
On section 121
1. That you, on or about the day of , at , waged war against the Yang di-Pertuan Agong and thereby committed an offence punishable under section 121 of the Penal Code.
On section 124
2. That you, on or about the day of , at , with the intention of inducing a member of the State Legislative Assembly to refrain from exercising a lawful power as such member, assaulted such member, and thereby committed an offence punishable under section 124 of the Penal Code. On section 161
3. That you, being a public servant in the Department directly accepted from (state the name), for another party (state the name) a gratification other than legal remuneration as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 161 of the Penal Code.
On section 166
4. That you, on or about the day of , at , did [or omitted to do, as the case may be] such conduct being contrary to and known by you to be prejudicial to and thereby committed an offence punishable under section 166 of the Penal Code.
On section 193
5. That you, on or about the day of , at , in the course of the trial of before , stated in evidence that which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Penal Code.
On section 304
6. That you, on or about the day of , at , committed culpable homicide not amounting to murder, by causing the death of and thereby committed an offence punishable under section 304 of the Penal Code. 265Criminal Procedure Code
On section 306
7. That you, on or about the day of , at , abetted the commission of suicide by A B, a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Penal Code. On section 325
8. That you, on or about the day of , at , voluntarily caused grievous hurt to , and thereby committed an offence punishable under section 325 of the Penal Code.
On section 392
9. That you, on or about the day of ,at , robbed and thereby committed an offence punishable under section 392 of the Penal Code.
On section 395
10. That you, on or about the day of , at , committed gang-robbery, an offence punishable under section 395 of the Penal Code. (II)--CHARGES WITH TWO OR MORE HEADS
On section 241
1. First--That you, on or about the day of , at , knowing a coin to be counterfeit, delivered the same to another person, by name A B, as genuine, and thereby committed an offence punishable under section 241 of the Penal Code.
Secondly--That you, on or about the day of, at , knowing a coin to be counterfeit, attempted to induce another person, by name A B, to receive it as genuine, and thereby committed an offence punishable under section 241 of the Penal Code.
On sections 302 and 304
2. First--That you, on or about the day of , at , committed murder by causing the death of , and thereby committed an offence punishable under section 302 of the Penal Code.
Secondly--That you, on or about the day of , at , committed culpable homicide not amounting to murder by causing the death of and thereby committed an offence punishable under section 304 of the Penal Code. On sections 379 and 382
3. First--That you, on or about the day of, at , committed theft, and thereby committed an offence punishable under section 379 of the Penal Code.
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Secondly--That you, on or about the day of , at , committed theft, having made preparations for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Penal Code.
Thirdly--That you, on or about the day of , at , committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Penal Code. Fourthly--That you, on or about the day of , at , committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft, and thereby committed an offence punishable under section 382 of the Penal Code.
Alternative charges on section 193
4. That you, on or about the day of , at , in the course of the inquiry into before , stated in evidence that and that you, on or about the day of , at , in the course of the trial of , before , stated evidence that one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Penal Code
.
(III)--CHARGE FOR THEFT AFTER A PREVIOUS CONVICTION That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379 of the Penal Code.
And further that you, before the committing of the said offence, that is to say, on the day of , had been convicted by the at of an offence punishable under Chapter XVII of the Penal Code with imprisonment for a term of three years, that is to say, the offence of housebreaking by night (describe the offence in the words used in the section under which the accused was convicted) which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Penal Code. FORM 28 [Section 172]
FORMAL PART OF CHARGES TRIED BEFORE THE HIGH COURT A B
You are charged at the instance of the Public Prosecutor, and the charge against you is .
Public Prosecutor
267Criminal Procedure Code
FORM 29 [Section 173]
WARRANT OF COMMITMENT ON A SENTENCE OF
IMPRISONMENT OR FINE
To the Officer in charge of the Prison at .
Whereas on the day of the (lst, 2nd, 3rd, as the case may be) prisoner in Case No at the Magistrate's Court at was convicted before this Court of the offence of under section [or sections ] of the Penal Code [or of Enactment ], and was sentenced to .
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and carry the aforesaid sentence into execution according to law.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar, High Court
FORM 30 [Section 432]
WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER
AMENDS BY DISTRESS
To the Officer in charge of the Prison at .
Whereas of has brought against of the complaint
that , and the same has been dismissed as frivolous [or vexatious], and the order of dismissal awards payment by the said of of the sum of ringgit as amends; and whereas the said sum has not been paid and cannot be recovered by distress of the movable property of the said and an order has been made for his imprisonment for the period of days, unless the aforesaid sum be sooner paid:
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and to keep him safely in prison for the said period of subject to section 432 of the Criminal Procedure Code, unless the said sum be sooner paid; and on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 31 [Sections 34 and 173]
SUMMONS TO A WITNESS
To of .
Whereas complaint has been made before me that of has [or is suspected to have] committed the offence of (state the offence concisely, with time and place) and it appears to me that you are likely to be able to give material evidence respecting the matter of such complaint: You are hereby summoned to appear before the Magistrate's Court at on the day of next at a.m./p.m.
to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that if you shall, without just excuse, neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 32
SUMMONS TO ASSESSORS OR JURORS
(Deleted by Act A908).
FORM 33 [Section 281]
WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
To the Officer in charge of the Prison at .
Whereas at the Assizes held on the day of the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. at the said Assizes was duly convicted of the offence of murder under section 302 of the Penal Code, and sentenced to suffer death:
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and to keep him safely there until you shall receive the further warrant or order of this Court, or an order of the Ruler of the State thereon.
Dated this day of 20 .
(Seal) Registrar
269Criminal Procedure Code
FORM 34 [Section 281]
WARRANT OF EXECUTION ON A SENTENCE OF DEATH
To the Officer in charge of the Prison at
Whereas the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. at the Assizes held at on the day of
20 , has been, by a warrant of this Court, dated the day of committed to your custody under sentence of death; and whereas the order of the Ruler of the State directing the said sentence to be carried into effect has been received by this Court:
This is to authorize and require you, the said Officer, to carry the said sentence into execution by causing the said to be hanged by the neck until he is dead, at (time and place of execution), and to return this warrant to the Court with an indorsement certifying that the sentence has been executed. Given under my hand and the seal of the Court, this day of 20 . (Seal) Judge
FORM 35 [Section 283]
WARRANT TO LEVY A FINE BY DISTRESS AND SALE
To of .
Whereas of was on the day of 20 , convicted before me of the offence of and sentenced to pay a fine of ringgit, and whereas the said although required to pay the said fine, has not paid the same or any part of it:
This is to authorize and require you to make distress by seizure of any property belonging to the said which may be found within the District of and, if within next after such distress the said sum shall not be paid [or immediately], to sell the property distrained, or so much of it as shall be sufficient to satisfy the said fine, returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
Form of Indorsement
Whereas it has been proved to me that the signature T S to the within warrant is that of T S, a Magistrate of the District of , I do hereby authorize the execution in the District of of the said warrant by . Magistrate
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FORM 36 [Section 273]
BOND TO APPEAR AND RECEIVE JUDGMENT
Whereas I inhabitant of have been called
upon to enter into a bond to appear before the Court of at if and when called upon to receive the judgment of the said Court for the offence of which of I have been convicted, and in the meantime to be of good behaviour; I hereby bind myself to appear on the day of 20 , in the said Court or wherever I shall be required, and in the meantime to be of good behaviour and to keep the peace towards the Yang di-Pertuan Agong and to all persons within Malaysia; and in case I make default in any of the conditions herein I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
Where a bond with sureties is to be executed, add: We do hereby declare ourselves sureties for the abovenamed that he will appear in the Court of at on the
day of 20 , or wherever he shall be required, and that he will in the meantime be of good behaviour and keep the peace towards the Yang di- Pertuan Agong and to all persons within Malaysia; and in case of his making default in any of the conditions herein, we bind ourselves, jointly and severally, to forfeit to the Yang di-Pertuan Agong the sum of ringgit. Dated this day of 20 . Signature
FORM 37 [Section 353]
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED
To the Officer in charge of the Prison at .
Whereas at a Court before me on this day of in the presence [or view] of the Court committed wilful contempt:
And whereas for such contempt the said has been adjudged by the Court to pay a fine of ringgit, or in default to suffer imprisonment for the space of .
This is to authorize and require you to receive the said into your custody, together with this warrant, and to keep him safely in prison for the said period of unless the said fine be sooner paid; and, on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
271Criminal Procedure Code
FORM 38 [Section 357]
WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER To the Officer in charge of the Prison at .
Whereas of being summoned [or brought before
this Court] as a witness and this day required to give evidence on an enquiry into an alleged offence, refused to answer a certain question [or certain questions] put to him touching the said alleged offence, and duly recorded, without alleging any just excuse for such refusal, and for this contempt has been adjudged detention in custody for .
This is to authorize and require you to take the said into custody, and to keep him safely in your custody for the space of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days, or immediately on such consent being known, to bring him before this Court to be dealt with according to law; returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 39
BOND AND BAIL BOND ON A PRELIMINARY INQUIRY
BEFORE A MAGISTRATE
(Deleted by Act A908).
FORM 40 [Section 391]
WARRANT OF DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
To the Officer in charge of the Prison at .
Whereas of was committed to your custody under warrant of this Court, dated the day of 20 , and has since with his surety [or sureties] duly executed a bond under the Criminal Procedure Code:
This is to authorize and require you forthwith to discharge the said from your custody, unless he is liable to be detained for some other matter. Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar or Magistrate
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FORM 41 [Section 404]
WARRANT OF ATTACHMENT TO ENFORCE A BOND
To .
Whereas of has failed to appear on pursuant
to his recognizance, and has by such default forfeited to the Yang di-Pertuan Agong the sum of ringgit, and whereas the said has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him:
This is to authorize and require you to attach any movable property of the said that you may find by seizure and detention, and if the said amount is not paid within three days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar or Magistrate
FORM 42 [Section 404]
NOTICE TO SURETY ON BREACH OF A BOND
To of .
Whereas on the day of 20 , you became surety for of that he should appear before this Court on the day of 20 , and bound yourself in default thereof to forfeit the sum of ringgit to the Yang di-Pertuan Agong, and whereas the said has failed to appear before this Court, and by reason of such default you have forfeited the aforesaid sum of ringgit: You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar or Magistrate
273Criminal Procedure Code
FORM 43 [Section 404]
NOTICE TO SURETY OF FORFEITURE OF BOND
FOR GOOD BEHAVIOUR
To of .
Whereas on the day of 20 , you became surety
by a bond for of that he would be of good behaviour for the period of , and bound yourself in default thereof to forfeit the sum of ringgit to the Yang di-Pertuan Agong, and whereas the said has been convicted of the offence of committed since you became such surety, whereby your security bond has become forfeited: You are hereby required to pay the said penalty of ringgit, or to show cause within days why it should not be paid. Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar or Magistrate
FORM 44 [Section 404]
WARRANT OF ATTACHEMENT AGAINST A SURETY
To .
Whereas of has bound himself as surety for the appearance of (mention the condition of the bond), and the said has made default, and thereby forfeited to the Yang di-Pertuan Agong the sum of ringgit. This is to authorize and require you to attach any movable property of the said which you may find by seizure and detention; and, if the said amount is not paid within three days to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
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FORM 45 [Section 404]
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL
To the Officer in charge of the Prison at .
Whereas of has bound himself as a surety for the
appearance of (state the condition of the bond) and the said has therein made default whereby the penalty mentioned in the said bond has been forfeited to the Yang di- Pertuan Agong, and whereas the said has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for his imprisonment in the Civil Prison for This is to authorize and require you , to receive the said into your custody with this warrant, and to keep him safely in the said Prison for the said and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 46 [Section 404]
NOTICE TO THE PRINCIPAL OF FORFEITURE OF A BOND
TO KEEP THE PEACE
To of .
Whereas on the day of 20 ,you entered
into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded: You are hereby called upon to pay the said penalty of ringgit or to show cause before me within days why payment of the same should not be enforced against you.
Dated this day of 20 .
(Seal) Magistrate
275Criminal Procedure Code
FORM 47 [Section 404]
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE
To .
Whereas of did on the day of enter
into a bond for the sum of ringgit, binding himself not to commit a breach of the peace, etc. (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum:
This is to authorize and require you to attach by seizure the property belonging to the said to the value of ringgit which
you may find; and if the said sum is not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 48 [Section 404]
WARRANT OF IMPRISONMENT ON BREACH O BREACH OF A BOND TO KEEP THE PEACE
To the Officer in charge of the Prison at .
Whereas proof has been given before me and duly recorded that of has committed a breach of the bond entered
into by him to keep the peace, whereby he has forfeited to the Yang di-Pertuan Agong the sum of ringgit; and whereas the said has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said in the Civil Prison for the period of . This is to authorize and require you, the said Officer of the said Civil Prison to receive the said into your custody, together with this warrant, and to keep him safely in the said Prison for the said period of ; and to return this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
276 Laws of Malaysia ACT 593
FORM 49 Section 404]
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF
BOND FOR GOOD BEHAVIOUR
To .
Whereas of did on the day of 20 ,
give security by bond in the sum of ringgit for the good behaviour of , and proof has been given before me and duly recorded of the commission by the said of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum: This is to authorize and require you to attach by seizure the property belonging to the said to the value of ringgit, which you may find, and if the said sum be not paid within to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
FORM 50 [Section 404]
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND
FOR GOOD BEHAVIOUR
To the Officer in charge of the Prison at .
Whereas of did on the day of 20 ,
give security by bond in the sum of ringgit for the good behaviour of and proof of the breach of the said bond has been given before me and duly recorded , whereby the said has forfeited to the Yang di-Pertuan Agong the sum of ringgit; and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his property, and an order has been made for the imprisonment of the said in the Civil Prison for the period of . This is to authorize and require you, , to receive the said into your custody, together with this warrant, and to keep him safely in Prison for the said period of ; returning this warrant with an indorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this day of 20 . (Seal) Magistrate
277Criminal Procedure Code
FORM 51 [Section 307]
FORM OF PETITION OF APPEAL
In the
To the Judges of the High Court.
The petition of A B
Showeth as follows:
1. *Your petitioner the above-named A B was charged with and convicted [or acquitted] at the Magistrate's Court held at on the day of 20 , and the following order was made thereon (here state shortly the substance of the judgment or sentence).
2. Your petitioner is dissatisfied with the said judgment on the grounds following: (here state the particular grounds of appeal on which the appellant relies).
3. Your petitioner prays that such judgment or sentence may be reversed or that such order may be made thereon as justice may require. Appellant
FORM 52 [Section 370]
FORM OF WARRANT
To the Officer in charge of the Prison at or Officer in charge of the (name of asylum) or to (name of officer) in charge of . You are hereby required to have the body of now a prisoner in the (name of prison) or now in custody at the (name of asylum) or now in your charge, under safe and sure conduct before the High Court at on the day of next by a.m./p.m. of the same day, there to be dealt with according to law; and unless the said shall then and there by the said Court be ordered to be discharged, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct back to the said prison [or asylum or other custody]. Dated this day of 20 .
Registrar, High Court
*NOTE--If the appeal is brought by the Public Prosecutor omit the words "Your petitioner" in paragraph 1.
278 Laws of Malaysia ACT 593
FORM 53 [Section 369]
FORM OF WARRANT
To the Officer in charge of the Prison at .
You are hereby required to have the body of now a prisoner in your custody under a warrant of attachment before the High Court on the day of next by a.m./p.m. by of the same day to be dealt with according to law; and you shall then and there abide by such order as shall in that behalf be made by the said Court. And unless the said shall then and there by the said Court be ordered to be released you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison [or other place of custody]. Dated this day of 20 .
Registrar, High Court
FORM 54 [Section 372]
WARRANT TO BRING UP PRISONER TO GIVE EVIDENCE
To the Officer in charge of the Prison at .
You are hereby required to have the body of now a prisoner in your custody under safe and sure conduct before this Court on the day of next by a.m./p.m. of the same day there to give testimony in a certain charge or prosecution now pending before this Court against and after the said shall have given his testimony before this Court or this Court shall have dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the said prison. Given under my hand and the seal of the Court, this day of 20 . (Seal) Registrar or Magistrate
279Criminal Procedure Code
THIRD SCHEDULE
[Section 352A]
MODIFICATION OF CHAPTER XXXIII FOR
SABAH AND SARAWAK
Provisions modified Modification
Section 342 (v) Insert immediately after words "Mental Disorders Ordinance 1952" the words "or, in the case of Sabah and Sarawak, the Lunatics Ordinance of Sabah [Sabah Cap. 74] or the Mental Health Ordinance 1961 of Sarawak [Sarawak
Ordinance 16 of 1961], as the case may be,".
Section 352 Insert immediately after the words "section 32 of that Ordinance" the words, " save that in the application of this Chapter--
(i) to Sabah--
(a) the words "mental hospital" means an "asylum" as defined in section 2 of the Lunatics Ordinance of Sabah
(b) the words "Medical Superintendent" means
the medical officer in charge of such asylum;
and
(c) the provision of this Chapter shall be construed as if the references to "visitors" therein did
not apply to Sabah; and
(ii) to Sarawak--
(a) the words "mental hospital" means any
"approved hospital" as defined in section 2 of
the Mental Health Ordinance 1961 of Sarawak;
(b) the words "Medical Superintendent" means
the medical officer in charge of such approved
hospital; and
(c) the words "visitors" means the members of
the Board of Visitors appointed under section
16 of that Ordinance, and any reference to
two or more of the visitors shall be construed
as a reference to two or more of the members
of such Board.
280 Laws of Malaysia ACT 593
LAWS OF MALAYSIA
Act 593
CRIMINAL PROCEDURE CODE
LIST OF AMENDMENTS
Amending law Short title In force from
En. No. 19/1936 Criminal Procedure Code 29-07-1936 (Amendment) Enactment 1936
En. No. 18/1937 Statute Law Revision (Chief 26-07-1937 Secretary's Powers)
Enacment 1937
En. No. 3/1938 Statute Law Revision (General 06-04-1938 Amendments) Enactment 1938
En. No. 29/1938 Criminal Procedure Code 21-12-1938 (Amendment) Enactment 1938
Ord. 13/1947 Criminal Procedure (Amendment) 10-03-1947 Ordinance 1947
F.M. No. 1/1948 Transfer of Powers Ordinance 1948 06-03-1948 F.M. No. 43/1948 Courts Ordinance 1948 01-01-1949 Ord. 36/1950 Married Women and Children 04-07-1950 (Maintenance) 1950
Ord. 1/1952 Criminal Procedure Codes 24-03-1952
(Amendment) Ordinance 1952
Ord. 14/1952 The Police Ordinance 1952 15-11-1952 Ord. 79/1952 Criminal Procedure Codes 30-12-1952
(Amendment No. 2)
Ordinance 1952
L.N. 239/1953 Rule Committee Ordinance 1948 Selangor (except Sabak
Bernam and
Sepang)--
01-05-1953,
L.N. 252/1953;
Remainder of
The Federation--
01-08-1953,
L.N. 323/1953
281Criminal Procedure Code
L.N. 240/1953 Rule Committee Ordinance 1948 01-05-1953 L.N. 241/1953 Rule Committee Ordinance 1948 01-05-1953 Ord. 14/1953 Criminal Justice Ordinance 1953 30-04-1953 Ord. 8/1954 Criminal Procedure Codes 25-02-1954
(Amendment) Ordinance 1954
Ord. 21/1955 Criminal Procedure Codes 15-06-1955
(Amendment) Ordinance 1955
L.N. 161/1957 Federation of Malaya Agreement Johore: (Transfer of Powers of British 01-02-1957;
Advisers) Order 1957 Kedah &
Perlis:
01-03-1957;
Kelantan,
Perak &
Terengganu:
01-01-1957;
Negeri
Sembilan:
28-07-1956;
Pahang:
01-08-1956;
Selangor:
16-11-1956
L.N. (N.S.) Federal Constitution (Modification 31-08-1957 1/1957 of Laws) Order 1957
L.N. (N.S.) Federal Constitution (Modification 31-08-1957 56/1957 of Laws) Order 1957
L.N. (N.S.) Federal Constitution (Modification 14-11-1957 73/1957 of Laws) (No. 2) Order 1957
Ord. 69/1957 Criminal Procedure Code 01-01-1958
(Amendment) Ordinance 1957
Ord. 73/1958 Criminal Procedure Code 27-12-1958
(Amendment) Ordinance 1958
Act 5/1963 Kidnapping Act 1963 21-01-1963
Act 9/1963 Criminal Procedure Code 21-01-1963
(Amendment) Act 1963
Act 6/1965 Warrants and Summonses 21-01-1965
(Special Provisions) Act 1965
Amending law Short title In force from
282 Laws of Malaysia ACT 593
L.N. 228/1965 Modification of Laws (Criminal 16-09-1963 Procedure) (Powers of Arrest)
(Malaysia) Order 1965
Act 25/1967 Criminal Procedure Code 01-06-1967
(Amendment) Act 1967
Act 38/1967 Criminal Procedure Code 29-08-1967
(Amendment) (No. 2) Act 1967
Act A6 Criminal Procedure Code 01-03-1969
(Amendment) Act 1969
P.U. (A) Emergency (Essential Powers) 18-12-1969
521/1969 Ordinance No. 14 of 1969
Act A233 Criminal Procedure Code 01-11-1973
(Amendment) Act 1974
Act A324 Criminal Procedure Code 10-01-1976
(Amendment and Extension)
Act 1976
A365 Criminal Procedure Code 29-10-1976
(Amendment) Act 1976
P.U. (A) 97/1976 Modification of Laws (Criminal 10-01-1976 Procedure) (Sabah and Sarawak)
Order 1976
Act A549 Penal Code and Criminal Procedure 20-02-1983 Code (Amendment) Act 1983
Act A614 Penal Code (Amendment) Act 1985 31-05-1985 Act A728 Criminal Procedure Code 05-05-1989
(Amendment) Act 1989
Act A841 Criminal Procedure Code 05-02-1993
(Amendment) Act 1993
Amending law Short title In force from
283Criminal Procedure Code
Act A908 *Criminal Procedure Code 17-02-1995
(Amendment) Act 1995
Act A979 Criminal Procedure Code 31-01-1997
(Amendment) Act 1997
Act A1015 **Criminal Procedure Code 01-04-1998
(Amendment) Act 1998
Act A1132 Criminal Procedure 01-08-2002
(Amendment) Act 2001
P.U. (A) Revision of Laws (Rectification of 17-06-2005 224/2005 Criminal Procedure Code) Order 2005
Amending law Short title In force from
*NOTE--Any preliminary inquiry, trial by jury or trial with the aid of assessors that has been commenced before or on the commencement of the amending Act shall be continued or concluded in all respects as if the amending Act has not been passed and for that purpose, any preliminary inquiry or trial has been commenced when the accused has appeared before or has been brought before the Magistrate's Court or the High Court, as the case may be, and evidence has begun to be adduced in the inquiry or trialsee section 39 of the Criminal Procedure Code (Amendment) Act 1995 [Act A908].
**NOTE--The provisions of the Act shall not apply to any prosecution or proceeding which has been instituted but has not been completed on the date of the commencement of the Act. --No finding, judgment, sentence or order of any Court passed or imposed before the date of the commencement of the Act or during or at the conclusion of any prosecution or proceeding referred to in subsection 11(1) of the Act shall be reversed, altered or affected by any provision of the Act see subsections (1) and (2) of the Criminal Procedure Code (Amendment) Act 1998 [Act A1015]. 284 Laws of Malaysia ACT 593
LAW OF MALAYSIA
ACT 593
CRIMINAL PROCEDURE CODE
LIST OF SECTIONS AMENDED
Section Amending authority In force from
Throughout the Act Act A365 29-10-1976
2 Act A324 10-01-1976
Act A841 05-02-1995
Act A1132 01-08-2002
5 Act A324 10-01-1976
8 Act A908 17-02-1995
9 Act A908 17-02-1995
56 Act A324 10-01-1976
83 Act A324 10-01-1976
84 Act A324 10-01-1976
88 Act A324 10-01-1976
108 Act A1132 01-08-2002
112 Act A365 29-10-1976
113 Act A324 10-01-1976
114 Act A324 10-01-1976
117 Act A324 10-01-1976
Act A1132 01-08-2002
124 Act A324 10-01-1976
127 Act A324 10-01-1976
127A Act A324 10-01-1976
127B Act A324 10-01-1976
128 Act A908 17-02-1995
285Criminal Procedure Code
130 Act A549 20-02-1983
133 Act A1015 01-04-1998
134 Act A1015 01-04-1998
135 Act A1015 01-04-1998
Chapter XVII Act A908 17-02-1995
Chapter XVIII Act A908 17-02-1995
138 Act A324 10-01-1976
154 P.U. (A) 224/2005 17-06-2005
157 Act A1132 01-08-2002
158 Act A908 17-02-1995
173 Act A979 31-01-1997
177 Act A908 17-02-1995
177A Act A908 17-02-1995
Chapter XX Act A908 17-02-1995
178 Act A979 31-01-1997
179 Act A908 17-02-1995
180 Act A979 31-01-1997
181 Act A979 31-01-1997
182A Act A979 31-01-1997
183 Act A979 31-01-1997
183A Act A324 10-01-1976
184 Act A324 10-01-1976
199A Act A324 10-01-1976
Chapter XXI Act A908 17-02-1995
Chapter XXII Act A908 17-02-1995
Chapter XXIII Act A908 17-02-1995
Section Amending authority In force from
286 Laws of Malaysia ACT 593
235A Act A324 10-01-1997
244 Act A324 10-01-1997
247 Act A324 10-01-1997
248 Act A324 10-01-1997
252 Act A908 17-02-1995
252A Act A908 17-02-1995
254 Act A908 17-02-1995
255 Act A1132 01-08-2002
256 Act A908 17-02-1995
258 Act A908 17-02-1995
261 Act A908 17-02-1995
262 Act A908 17-02-1995
264 Act A908 17-02-1995
267 Act A908 17-02-1995
269 Act A908 17-02-1995
281 Act A908 17-02-1995
288 Act A908 17-02-1995
303A Act A324 10-01-1976
316 Act A1132 01-08-2002
324 Act A324 10-01-1976
332 Act A1132 01-08-2002
334 Act A1132 01-08-2002
340 Act A1132 01-08-2002
342 Act A908 17-02-1995
Act A1132 01-08-2002
343 Act A908 17-02-1995
Act A1132 01-08-2002
Section Amending authority In force from
287Criminal Procedure Code
344 Act A1132 01-08-2002
345 Act A908 17-02-1995
346 Act A908 17-02-1995
348 Act A1132 01-08-2002
349 Act A908 17-02-1995
Act A1132 01-08-2002
350 Act A1132 01-08-2002
351 Act A1132 01-08-2002
352 Act A1132 01-08-2002
352A Act A728 05-05-1989
Act A1132 01-08-2002
376 Act A324 10-01-1976
Act A365 29-10-1976
Act A908 17-02-1995
Act A1015 01-04-1998
377 Act A1015 01-04-1998
378 Act A1015 01-04-1998
380 Act A1015 01-04-1998
380A Act A1015 01-04-1998
381-386 Act A908 17-02-1995
398 Act A908 17-02-1995
401 Act A908 17-02-1995
402 Act A908 17-02-1995
402A Act A324 10-01-1976
417 Act A324 10-01-1976
Act A908 17-02-1995
418A Act A324 10-01-1976
Act A728 05-05-1989
Act A908 17-02-1995
Section Amending authority In force from
288 Laws of Malaysia ACT 593
418B Act A728 05-05-1989
Act A1015 01-04-1998
422 Act A1015 01-04-1998
427 Act A908 17-02-1993
429 Act A908 17-02-1993
439 Act A908 17-02-1993
First Schedule Act A324 10-01-1976
Act A549 20-02-1983
Act A614 31-05-1985
Act A728 05-05-1989
Act A1132 01-08-2002
Second Schedule Act A908 17-02-1995
Third Schedule Act A728 05-05-1989
Section Amending authority In force from
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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