CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593

Incorporating all amendments up to 17 August 2012

ACT 593
CRIMINAL PROCEDURE CODE
(Click here to see Annotated Statutes of this Act)

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

SECTION

6.Courts

7.Courts to be open

8.(Deleted)

9.Criminal jurisdiction of Magistrates

10.(Deleted)

Part III GENERAL PROVISIONS

Chapter III AID AND INFORMATION YO MAGISTRATES AND POLICE 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

Part III GENERAL PROVISIONS

Chapter IV ARREST, ESCAPE AND RE-TAKING

SECTION

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

20A.Procedure on search of a person

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

28A.Rights of person arrested

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

Part III GENERAL PROVISIONS

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)

Part III GENERAL PROVISIONS

Chapter V PROCESSES TO COMPEL APPEARANCE

Warrant Of Arrest

SECTION

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

Part III GENERAL PROVISIONS

Chapter V PROCESSES TO COMPEL APPEARANCE

 Proclamation and Attachment

SECTION

44.Proclamation for person absconding

45.Attachment of property of person proclaimed

46.Restoration of attached property

Part III GENERAL PROVISIONS

Chapter V PROCESSES TO COMPEL APPEARANCE

Other Rules Regarding Summonses to Appear and Warrants of Arrest

SECTION

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

Part III GENERAL PROVISIONS

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

51A.Delivery of certain documents

52.Procedure as to postal articles, etc.

53. Sections 34 to 37 to apply

Part III GENERAL PROVISIONS

Search Warrants

SECTION

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

SECTION

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

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

Part IV PREVENTION OF OFFENCES

Chapter VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Proceedings in All Cases Subsequent to Order to Furnish Security

SECTION

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

Part IV PREVENTION OF OFFENCES

Chapter VIII UNLAWFUL ASSEMBLIES

SECTION

83.Who may order unlawful assembly to disperse

84.Forcible dispersal of unlawful assemblies

85-87.(Deleted)

88.Protection against prosecution

Part IV PREVENTION OF OFFENCES

Chapter IX PUBLIC NUISANCES

SECTION

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

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

Part IV PREVENTION OF OFFENCES

Chapter X TEMPORARY ORDERS IN URGENT CASES OF NUISANCE

SECTION

98.Power to issue order absolute at once in urgent cases of nuisance

Part IV PREVENTION OF OFFENCES

Chapter XI DISPUTES AS TO IMMOVABLE PROPERTY

SECTION

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

Part IV PREVENTION OF OFFENCES

Chapter XII PREVENTIVE ACTION OF THE POLICE

SECTION

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 IV PREVENTION OF OFFENCES

Chapter XIIA ANCILLARY INVESTIGATIVE POWERS IN RELATION TO TERRORISM OFFENCES

SECTION

106A-106C.(Deleted)

Part V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

Chapter XIII

SECTION

107.Information of offences

107A.Report on status of investigation

108.Procedure in non-seizable cases

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.(Deleted)

116.Search by police officer

116A.Search and seizure without warrant

116B.Access to computerized data.

116C.Interception of communication and admissibility of intercepted communications

117.Procedure where investigation cannot be completed within twenty-four hours

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

SECTION

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

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIV JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

Conditions Requisite for Initiation of Proceedings

SECTION

128.Cognizance of offences by Magistrates

129.Sanction required for prosecution for certain offences

130.Where complaint by Public Prosecutor is necessary

131.Where complaint by person aggrieved

132.Where complaint by husband

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XV COMPLAINTS TO MAGISTRATES

SECTION

133.Examination of complainant

134.Postponement of issue of process

135.Dismissal of complaint

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVI COMMENCEMENT OF PROCEEDINGS BEFORE A MAGISTRATE'S COURT

SECTION

136.Issue of process

137.Personal attendance of accused may be dispensed with

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVII PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH COURT

SECTION

138-151.(Deleted)

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIA SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS LEGALLY REPRESENTED

SECTION

151A-151B.(Deleted )

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIII THE CHARGE

SECTION

152.Form of charge

153.Particulars as to time, place and person

154.When manner of committing offence must be stated

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

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIIA PRE-TRIAL PROCESSES

SECTION

172A.Pre-trial conference

172B.Case management

172C.Plea bargaining

172D.Disposal of the case

172E.Finality of the judgement

172F.Statements of, or facts stated by, accused not to be used for any other purpose

172G.Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIX SUMMARY TRIALS BY MAGISTRATES

SECTION

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

Part VI PROCEEDINGS IN PROSECUTIONS

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

183A.Victim's impact statement

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXI TRIALS BEFORE THE HIGH COURT WITH THE AID OF ASSESSORS

SECTION

184-199.(Deleted)

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXII TRIALS BY JURY BEFORE THE HIGH COURT

SECTION

199A-235.(Deleted)

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIII JURORS AND ASSESSORS

SECTION

235A.(Deleted)

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

SECTION

252-252A.(Deleted)

253.Procedure where there are previous convictions

254.Public Prosecutor may decline to prosecute further at any stage

254A.Reinstatement of trial after discharge

255.Right of accused to be defended

256.Court may put questions to accused

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

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXV MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

SECTION

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

272B.Evidence through live video or live television links

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVA RECORDING OF PROCEEDINGS BY MECHANICAL MEANS

SECTION

272C.Application of this Chapter

272D.Interpretation for the purposes of this Chapter

272E.Proceedings may be recorded by mechanical means or combination of mechanical means and other modes

272F.Electronic record to be transcribed

272G.Safe custody of electronic record and transcript

272H.Transcript of statement, evidence or deposition of person or witness.

272I.Transcript to form part of record or notes of proceedings or evidence

272J.Electronic filing, lodgement, submission and transmission of document

272K.Issuance of Practice Direction

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVI JUDGMENT

SECTION

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

Part VI PROCEEDINGS IN PROSECUTIONS

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.Commencement of sentence of imprisonment on prisoner already undergoing imprisonment

293.Youthful offenders

294.First offenders

294A.Conditions of bonds

295.Sentence of police supervision

295A.Rehabilitative counseling

296.Obligations of persons subject to supervision

297.Penalty for non-compliance with section 296

298.(Deleted)

299.Return of warrant

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVIII SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

SECTION

300.Power to suspend or remit sentence

301.Power to commute punishment

Part VI PROCEEDINGS IN PROSECUTIONS

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

SECTION

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

Part VII APPEAL AND REVISION

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 DEATHS

SECTION

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

Part VIII SPECIAL PROCEEDINGS

Chapter XXXIII PERSONS OF UNSOUND MIND

SECTION

342.Procedure where accused is suspected to be of unsound mind

343.Certificate of Medical Director

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 "psychiatric hospital" and "Visitors"

352A.(Deleted)

Part VIII SPECIAL PROCEEDINGS

Chapter XXXIV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

SECTION

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

Part VIII SPECIAL PROCEEDINGS

Chapter XXXV MAINTENANCE OF WIVES AND CHILDREN

SECTION

360-364.(Deleted)

Part VIII SPECIAL PROCEEDINGS

Chapter XXXVI DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

SECTION

365.Power of High Court to make certain orders

366.Form of application

367.Affidavit, by whom signed

368.Copy of warrant

369.Defendant in custody under writ of attachment to be brought before Court

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

SECTION

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

381-386.(Deleted)

Part IX SUPPLEMENTARY PROVISIONS

Chapter XXXVIII BAIL

SECTION

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

Part IX SUPPLEMENTARY PROVISIONS

Chapter XXXIX SPECIAL PROVISIONS RELATING TO EVIDENCE

SECTION

395.Procedure where person able to give material evidence is dangerously ill

396.Evidence of persons not called as witness

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.Alibi

402B.Proof by written statement

402C.Proof by formal admission

Part IX SUPPLEMENTARY PROVISIONS

Chapter XL PROVISIONS AS TO BONDS

SECTION

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

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLI DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES

SECTION

406A.Court shall consider manner of disposal of exhibits

407.Order for disposal of property regarding which offence committed

407A.Disposal of seized articles

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

414.Procedure where no claim established

415.Procedure where property is perishable or of small value

416.Procedure where owner is absent

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLII TRANSFER OF CRIMINAL CASES

SECTION

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

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLIII IRREGULARITIES IN PROCEEDINGS

SECTION

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

Part IX SUPPLEMENTARY PROVISIONS

Chapter XLIV MISCELLANEOUS

SECTION

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)

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

Third Schedule: (Deleted by Act A1132)

Fourth Schedule: PROCEDURE ON BODY SEARCH

An Act relating to criminal procedure.

[Throughout Malaysia-- 10 January 1976, Act A324]

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/1.Short title

Part I PRELIMINARY

Chapter I

1. Short title

This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as ""this Code"".

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/2.Interpretation

2. Interpretation

(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;

"communication"

means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;

"communications service provider"

means a person who provides services for the transmission or reception of communications;

"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;

"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;

"Medical Director"

of a psychiatric hospital includes a Deputy Medical Director;

"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"

means a person convicted of an offence punishable by fine or imprisonment who is of or above the age of eighteen and below the age of twenty-one.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/3.Trial of offences under Penal Code and other laws

3. Trial of offences under Penal Code and other laws

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/4.Saving of powers of High Court

4. Saving of powers of High Court

Nothing in this Code shall be construed as derogating from the powers or jurisdiction of the High Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/5.Laws of England, when applicable

5. Laws of England, when applicable

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/6.Courts

Part II PROVISIONS AS TO CRIMINAL COURTS

Chapter II CRIMINAL COURTS IN GENERAL

6. Courts

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/7.Courts to be open

7. Courts to be open

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/8.Omitted or Deleted Section

8. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/9.Criminal jurisdiction of Magistrates

9. Criminal jurisdiction of Magistrates

Subject to the provisions of this Code every Magistrate shall have cognizance of and power and authority to--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/10.Omitted or Deleted Section

10. Omitted or Deleted Section

(Deleted by Act A1274).

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Part III GENERAL PROVISIONS

Chapter III AID AND INFORMATION TO MAGISTRATES AND POLICE AND PERSONS MAKING ARREST

11. Public, when to assist Magistrates, Justices of the Peace and police

Every person is bound to assist a Magistrate, Justice of the Peace, police officer or penghulu reasonably demanding his aid--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/12.Aid to persons other than police officer executing warrant

12. Aid to persons other than police officer executing warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/13.Public to give information of certain matters

13. Public to give information of certain matters

(1) Every person aware--

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/14.Police officer bound to report certain matters

14. Police officer bound to report certain matters

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--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/15.Arrest, how made

Part III GENERAL PROVISIONS

Chapter IV ARREST, ESCAPE AND RE-TAKING

15. Arrest, how made

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/16.Search of place entered by person sought to be arrested

16. Search of place entered by person sought to be arrested

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/17.Search of persons in place searched under warrant

17. Search of persons in place searched under warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/18.Power to break open any place for purposes of liberation

18. Power to break open any place for purposes of liberation

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/19.No unnecessary restraint and mode of searching women

19. No unnecessary restraint and mode of searching women

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/20.Search of persons arrested

20. Search of persons arrested

Whenever a person is arrested--

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/20A.Procedure on search of a person

20A. Procedure on search of a person

(1) Any search of a person shall comply with the procedure on body search as specified in the Fourth Schedule of this Code.

(2) Notwithstanding any written law, the provisions of the Fourth Schedule shall apply to any search of a person conducted by any officer of any enforcement agency conferred with the power of arrest or search of a person under any law.

(3) The Minister charged with the responsibility for internal security and public order may amend the Fourth Schedule by order published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/21.Power to seize offensive weapons

21. Power to seize offensive weapons

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/22.Search of person for name and address

22. Search of person for name and address

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/23.When police or penghulu may arrest without warrant

23. When police or penghulu may arrest without warrant

(1) Any police officer or penghulu may without an order from a Magistrate and without a warrant arrest--

(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 No. 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/24.Refusal to give name and residence

24. Refusal to give name and residence

(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 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/25.How person arrested by penghulu is to be dealt with

25. How person arrested by penghulu is to be dealt with

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 re-arrest every person so arrested.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/26.Pursuit of offenders

26. Pursuit of offenders

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/27.Arrest by private persons and procedure in such cases

27. Arrest by private persons and procedure in such cases

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/28.How person arrested is to be dealt with and detention for more than twenty-four hours

28. How person arrested is to be dealt with and detention for more than twenty-four hours

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/28A.Rights of person arrested

28A. Rights of person arrested

(1) A person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.

(2) A police officer shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may--

(3) Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so.

(4) Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time--

(5) The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard.

(6) The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication under paragraph 2(b) or the consultation under subsection (4) has been made.

(7) The police officer shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge.

(8) The requirements under subsections (2), (3), (4), (5), (6) and (7) shall not apply where the police officer reasonably believes that--

(9) subsection (8) shall only apply upon authorization by a police officer not below the rank of Deputy Superintendent of Police.

(10) The police officer giving the authorization under subsection (9) shall record the grounds of belief of the police officer that the conditions specified under subsection (8) will arise and such record shall be made as soon as practicable.

(11) The investigating officer shall comply with the requirements under subsections (2), (3), (4), (5), (6) and (7) as soon as possible after the conditions specified under subsection (8) have ceased to apply where the person arrested is still under detention under this section or under section 117.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/29.Release of person arrested

29. Release of person arrested

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/30.Offence committed in Magistrate's presence

30. Offence committed in Magistrate's presence

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/31.Arrest by or in presence of Magistrate

31. Arrest by or in presence of Magistrate

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/32.Power on escape to pursue and re-take

32. Power on escape to pursue and re-take

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/33.Sections 16 and 18 to apply to arrests under section 32

33. Sections 16 and 18 to apply to arrests under section 32

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/34.Form of summons and service

Part III GENERAL PROVISIONS

Chapter V PROCESS TO COMPEL APPEARANCE

Summons

34. Form of summons and service

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/35.Summons how served

35. Summons how served

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/36.Procedure when personal service cannot be effected

36. Procedure when personal service cannot be effected

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/37.Proof of service

37. Proof of service

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/37A.Omitted or Deleted Section

37A. Omitted or Deleted Section

(Deleted by Act 6 of 1965).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/38.Form of warrant of arrest

Part III GENERAL PROVISIONS

Chapter V - PROCESSES TO COMPEL APPEARANCE

Warrant Of Arrest

38. Form of warrant of arrest

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/39.Court may direct by indorsement on warrant security to be taken

39. Court may direct by indorsement on warrant security to be taken

(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.

(2) The indorsement or footnote shall state--

(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/40.Warrants, to whom directed

40. Warrants, to whom directed

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/41.Notification of substance of warrant

41. Notification of substance of warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/42.Person arrested to be brought before Court without delay

42. Person arrested to be brought before Court without delay

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/43.Procedure on arrest of person against whom warrant is issued

43. Procedure on arrest of person against whom warrant is issued

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/44.Proclamation for person absconding

Part III GENERAL PROVISIONS

Chapter V - PROCESSES TO COMPEL APPEARANCE

Proclamation and Attachment

44. Proclamation for person absconding

(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:

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/45.Attachment of property of person proclaimed

45. Attachment of property of person proclaimed

(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--

(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--

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/46.Restoration of attached property

46. Restoration of attached property

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/47.Issue of warrant in lieu of or in addition to summons

Part III GENERAL PROVISIONS

Chapter V - PROCESSES TO COMPEL APPEARANCE

Other Rules Regarding Summonses to Appear and Warrants of Arrest

47. Issue of warrant in lieu of or in addition to summons

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--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/48.Summonses to appear and warrants of arrest may be executed in any part of Malaysia

48. Summonses to appear and warrants of arrest may be executed in any part of Malaysia

(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".

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/49.Power to take bond for appearance

49. Power to take bond for appearance

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/50.Arrest on breach of bond for appearance

50. Arrest on breach of bond for appearance

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/51.Summons to produce document or other things

Part III GENERAL PROVISIONS

Chapter VI PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

51. Summons to produce document or other things

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/51A.Delivery of certain documents

51A. Delivery of certain documents

(1) The prosecution shall before the commencement of the trial deliver to the accused the following documents:

(2) Notwithstanding paragraph (c), the prosecution may not supply any fact favourable to the accused if its supply would be contrary to public interest.

(3) A document shall not be inadmissible in evidence merely because of non-compliance with subsection (1).

(4) The Court may exclude any document delivered after the commencement of the trial if it is shown that such delivery was so done deliberately and in bad faith.

(5) Where a document is delivered to the accused after the commencement of the trial, the Court shall allow the accused--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/52.Procedure as to postal articles, etc.

52. Procedure as to postal articles, etc.

(1) In 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/53. Sections 34 to 37 to apply

53.  Sections 34 to 37 to apply

Sections 34, 35, 36 and 37 shall apply in relation to summonses under this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/54.When search warrant may be issued

Part III GENERAL PROVISIONS

Chapter VI PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

54. When search warrant may be issued

(1) Where--

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/55.Power to restrict search warrant

55. Power to restrict search warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/56.Magistrate may issue warrant authorizing search for evidence of offence

56. Magistrate may issue warrant authorizing search for evidence of offence

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/57.Form of search warrant

57. Form of search warrant

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/58.Search for persons wrongfully confined

58. Search for persons wrongfully confined

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/59.Persons in charge of closed places to allow search

59. Persons in charge of closed places to allow search

(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).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/60.Magistrate issuing search warrant may attend at its execution

60. Magistrate issuing search warrant may attend at its execution

The Magistrate by whom a search warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/61.Magistrate may direct search in his presence

61. Magistrate may direct search in his presence

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/62.Search without warrant

62. Search without warrant

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/62A.Forfeiture of counterfeit coin

62A. Forfeiture of counterfeit coin

(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 the provisions of 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/62B.Forfeiture of counterfeit currency

62B. Forfeiture of counterfeit currency

(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 the provisions of subsection (1) shall, by order of the Court before which any person is tried relating to its ossession, 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/63.Summary search

63. Summary search

(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--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/64.List of all things seized to be made and signed

64. List of all things seized to be made and signed

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/65.Occupant to be present at search

65. Occupant to be present at search

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. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/66.Security for keeping the peace on conviction

Part IV PREVENTION OF OFFENCES

Chapter VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

66. Security for keeping the peace on conviction

(1) Whenever any person is convicted--

(2) If the conviction is set aside on appeal or otherwise the bond so executed shall be void.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/66A.Security for keeping the peace by complainant

66A. Security for keeping the peace by complainant

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/67.Security for keeping the peace in other cases

67. Security for keeping the peace in other cases

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 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/68.Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter

68. Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter

(1) Whenever it appears to a Magistrate that--

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 [Act 331], except by the order or under the authority of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/69.Security for good behaviour from habitual offenders

69. Security for good behaviour from habitual offenders

Whenever it appears to a Magistrate that any person within the local limits of the jurisdiction of that Magistrate--

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/70.Summons or warrant if required

70. Summons or warrant if required

(1) When a Magistrate acting under section67, 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/71.Form of summons or warrant

71. Form of summons or warrant

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/72.Power to dispense with personal attendance

72. Power to dispense with personal attendance

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/73.Inquiry to be held

73. Inquiry to be held

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/74.Order to give security

74. Order to give security

If upon such inquiry it is 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 with or without sureties the Magistrate shall make an order accordingly;

Provided that--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/75.Discharge of person informed against

75. Discharge of person informed against

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/76.Commencement of period for which security is required

Part IV PREVENTION OF OFFENCES

Chapter VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Proceedings in All Cases Subsequent to Order to Furnish Security

76. Commencement of period for which security is required

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/77.Contents of bond

77. Contents of bond

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/78.Power to reject sureties

78. Power to reject sureties

A Court may in its discretion refuse to accept any particular person or persons offered as surety for good behaviour under this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/79.Imprisonment in default of security

79. Imprisonment in default of security

(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).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/80.Power to release person imprisoned for failing to give security

80. Power to release person imprisoned for failing to give security

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/81.Magistrate to report in cases in which the security has been ordered by the High Court

81. Magistrate to report in cases in which the security has been ordered by the High Court

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/82.Discharge of sureties

82. Discharge of sureties

(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 sections77, 78, 79 and 80 be deemed to be an order made under section66 or 74, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/83.Who may order unlawful assembly to disperse

Part IV PREVENTION OF OFFENCES

Chapter VIII UNLAWFUL ASSEMBLIES

83. Who may order unlawful assembly to disperse

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/84.Forcible dispersal of unlawful assemblies

84. Forcible dispersal of unlawful assemblies

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/85-87.Omitted or Deleted Section

85-87. Omitted or Deleted Section

(Deleted by Act A324).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/88.Protection against prosecution

88. Protection against prosecution

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/89.Magistrate may make conditional order for removal of nuisance

Part IV PREVENTION OF OFFENCES

Chapter IX PUBLIC NUISANCES

89. Magistrate may make conditional order for removal of nuisance

(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--

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--

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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/90.Order to be served or notified

90. Order to be served or notified

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/91.Person against whom order is made to obey or appear and show cause

91. Person against whom order is made to obey or appear and show cause

The person against whom such order is made shall--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/92.Consequence of his failing to do so

92. Consequence of his failing to do so

If such person does not perform such act or appear and show cause as required by section 91 the order shall be made absolute.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/93.Procedure on appearance to show cause

93. Procedure on appearance to show cause

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/94.Procedure on order being made absolute

94. Procedure on order being made absolute

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/95.Consequence of disobedience to order

95. Consequence of disobedience to order

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/96.Injunction pending final decision

96. Injunction pending final decision

(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.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/97.Power to prohibit repetition or continuance of public nuisance

97. Power to prohibit repetition or continuance of public nuisance

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/98.Power to issue order absolute at once in urgent cases of nuisance

Part IV PREVENTION OF OFFENCES

Chapter X TEMPORARY ORDERS IN URGENT CASES OF NUISANCE

98. Power to issue order absolute at once in urgent cases of nuisance

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/99.Procedure where dispute concerning land, etc., is likely to cause breach of peace

Part IV PREVENTION OF OFFENCES

Chapter XI DISPUTES AS TO IMMOVABLE PROPERTY

99. Procedure where dispute concerning land, etc., is likely to cause breach of peace

(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--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/100.Power to attach subject of dispute

100. Power to attach subject of dispute

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/101.Disputes concerning rights over land or water

101. Disputes concerning rights over land or water

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/102.Order as to costs

102. Order as to costs

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/103.Police to prevent seizable offences

Part IV PREVENTION OF OFFENCES

Chapter XII PREVENTIVE ACTION OF THE POLICE

103. Police to prevent seizable offences

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/104.Information of design to commit seizable offences

104. Information of design to commit seizable offences

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/105.Arrest to prevent seizable offences

105. Arrest to prevent seizable offences

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/106.Prevention of injury to public property

106. Prevention of injury to public property

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/106A-106C.Omitted or Deleted Section

PART IV PREVENTION OF OFFENCES

Chapter XIIA - ANCILLARY INVESTIGATIVE POWERS IN RELATION TO TERRORISM OFFENCES

106A-106C. Omitted or Deleted Section

(Deleted by Act A1433).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/107.Information of offences

PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

Chapter XIII

107. Information of offences

(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.

(3)

(4) A police officer shall be duty bound to receive any information in relation to any offence committed anywhere in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/107A.Report on status of investigation

107A. Report on status of investigation

(1) Any person who has given information under section 107 may request for a report on the status of the investigation of the offence complained of in his information from the officer in charge of a police station where he gave the information,

(2) The officer in charge of a police station shall give a status report on the investigation of such offence to the informant not later than two weeks from the receipt of the request made under subsection (1).

(3) Notwithstanding subsection (2), no officer in charge of a police station shall be required to provide a status report on an investigation of an offence--

(4) Where a request has been made under subsection (1) and the officer in charge of the police station has failed to furnish the informant with a status report within the period specified in subsection (2), but subject to subsection (3), the informant may make a report to the Public Prosecutor of the failure.

(5) Upon receipt of the report under subsection (4), the Public Prosecutor shall direct the Officer in charge of the Police District to furnish him with a detailed status report on the investigation that has been conducted by the police in relation to the offence in the information given by the informant.

(6) The Public Prosecutor shall cause to be furnished to the informant, or direct the Officer in charge of the Police District to furnish to the informant, a status report containing such information as may be directed by the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/108.Procedure in non-seizable cases

108. Procedure in non-seizable cases

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/108A.Admission of certified copy of information as evidence

108A. Admission of certified copy of information as evidence

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/109.Investigation in seizable cases

109. Investigation in seizable cases

(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) 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/110.Procedure where seizable offence suspected

110. Procedure where seizable offence suspected

(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--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/111.Police officer's power to require attendance of witnesses

111. Police officer's power to require attendance of witnesses

(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person 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.

(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) (Deleted by Act A1274).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/112.Examination of witnesses by police

112. Examination of witnesses by police

(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.

(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 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/113.Admission of statements in evidence

113. Admission of statements in evidence

(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5) When any person is charged with any offence in relation to--

of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/114.No discouragement from making statement to police

114. No discouragement from making statement to police

No police officer or other person shall prevent or discourage 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/115.Omitted or Deleted Section

115. Omitted or Deleted Section

(Deleted by Act A1274).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116.Search by police officer

116. Search by police officer

(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.

(4) The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116A.Search and seizure without warrant

116A. Search and seizure without warrant

(1) Whenever it appears to any police officer not below the rank of Inspector that there is reasonable cause to suspect that there is concealed or deposited in any place any evidence of the commission of a security offence or any offence relating to an organized crime and such police officer has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, the object of the search is likely to be frustrated, he may--

(2) Whenever it is necessary so to do, a police officer conducting a search under subsection (1) may--

(3) No person who is detained under paragraph (2)(c) shall be searched except by a person who is of the same gender as the person to be searched.

(4) For the purpose of this section, "security offence" means a security offence as specified under the First Schedule to the Security Offences (Special Measures) Act 2012 [Act 747].

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116B.Access to computerized data.

116B. Access to computerized data.

(1) A police officer not below the rank of Inspector conducting a search under this Code shall be given access to computerized data whether stored in a computer or otherwise.

(2) Any information obtained under subsection (1) shall be admissible in evidence notwithstanding any other provisions in any written law to the contrary.

(3) For the purpose of this section, "access" includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116C.Interception of communication and admissibility of intercepted communications

116C. Interception of communication and admissibility of intercepted communications

(1) Notwithstanding any written law to the contrary, the Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of an offence, may authorize a police officer--

(2) The Public Prosecutor, if he considers that any communication is likely to contain any information relating to the commission of an offence, may--

(3) Where any person is charged with an offence, any information obtained under subsection (1) or (2), whether before or after such person is charged, shall be admissible in evidence at his trial.

(4) An authorization by the Public Prosecutor under this section may be given either orally or in writing, but if an oral authorization is given, the Public Prosecutor shall as soon as practicable reduce the authorization in writing.

(5) The Court shall take cognizance of any authorization by the Public Prosecutor under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/117.Procedure where investigation cannot be completed within twenty-four hours

117. Procedure where investigation cannot be completed within twenty-four hours

(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 no jurisdiction to try the case, authorize the detention of the accused in such custody as follows:

(3) The officer making the investigation shall state in the copy of the entries in the diary referred to in subsection (1), any period of detention of the accused immediately prior to the application, whether or not such detention relates to the application.

(4) The Magistrate, in deciding the period of detention of the accused person, shall take into consideration any detention period immediately prior to the application, whether or not such detention relates to the application.

(5) The Magistrate in deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.

(6) If the Magistrate 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.

(7) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/118.Police officer may require bond for appearance of complainant and witnesses

118. Police officer may require bond for appearance of complainant and witnesses

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/119.Diary of proceedings in investigation

119. Diary of proceedings in investigation

(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--

(2) Notwithstanding anything contained in the Evidence Act 1950, 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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/120.Report of police officer

120. Report of police officer

(1) Every police investigation under this Chapter shall be completed without unnecessary delay, and the officer making the investigation shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, submit to the Public Prosecutor a report of his investigation together with the investigation papers in respect of such investigation within one week of the expiry of the period of three months from the date of the information given under section 107.

(2) Notwithstanding subsection (1), the Public Prosecutor may at any time, regardless that the period of three months mentioned in subsection (1) has not expired, direct the officer making the investigation or the Officer in charge of the Police District to submit to the Public Prosecutor a report in the form in the Second Schedule and the investigation papers in respect of the police investigation.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/121.Ordinary place of inquiry and trial

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIV JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

121. Ordinary place of inquiry and trial

Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/122.Accused triable in place where act is done or where consequence ensues

122. Accused triable in place where act is done or where consequence ensues

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.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/123.Place of trial where act is an offence by reason of relation to other offence

123. Place of trial where act is an offence by reason of relation to other offence

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.

ILLUSTRATION

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/124.Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable

124. Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/125.Where scene of offence is uncertain, etc.

125. Where scene of offence is uncertain, etc.

If--

it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/126.Offence committed on a journey

126. Offence committed on a journey

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127.When doubt arises High Court to decide

127. When doubt arises High Court to decide

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--

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127A.Liability for offences committed out of Malaysia

127A. Liability for offences committed out of Malaysia

(1) Any offence under Chapters VI, VIA and VIB 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--

may be dealt with as if it had been committed at any place within Malaysia:

Provided--

where there is no diplomatic officer, the sanction of the Public Prosecutor shall be required:

(2) For the purposes of this section the expression "permanent resident" has the meaning assigned by the Courts of Judicature Act 1964.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127B.Power to direct copies of depositions and exhibits to be received in evidence

127B. Power to direct copies of depositions and exhibits to be received in evidence

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/128.Cognizance of offences by Magistrates

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIV JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

Conditions Requisite for Initiation of Proceedings

128. Cognizance of offences by Magistrates

(1) Subject to this Code, a Magistrate may take cognizance of an offence--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/129.Sanction required for prosecution for certain offences

129. Sanction required for prosecution for certain offences

(1) Except in the case of complaints laid by the Public Prosecutor no Court shall take cognizance--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/130.Where complaint by Public Prosecutor is necessary

130. Where complaint by Public Prosecutor is necessary

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/131.Where complaint by person aggrieved

131. Where complaint by person aggrieved

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/132.Where complaint by husband

132. Where complaint by husband

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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/133.Examination of complainant

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XV COMPLAINTS TO MAGISTRATES

133. Examination of complainant

(1) When a Magistrate takes cognizance of an offence on a complaint--

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/134.Postponement of issue of process

134. Postponement of issue of process

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/135.Dismissal of complaint

135. Dismissal of complaint

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/136.Issue of process

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVI COMMENCEMENT OF PROCEEDINGS BEFORE A MAGISTRATE'S COURT

136. Issue of process

(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.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/137.Personal attendance of accused may be dispensed with

137. Personal attendance of accused may be dispensed with

(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.

(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).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/138--151.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVII PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH COURT

138--151. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/151A- -151B.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIA SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS LEGALLY REPRESENTED

151A- -151B. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/152.Form of charge