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Criminal Procedure Code | Part 5

CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/Second Schedule

 

 Second Schedule

FORMS



FORM 1[ Section 34]

SUMMONS TO AN ACCUSED PERSON


To ........................................................... of ......................................................... .

Whereas your attendance is necessary to answer to a charge of .................................................... you are hereby required to appear on the .................................... day of .............................. at ....................................... a.m./p.m. in person [or by advocate, as the case may be] before the Magistrate's Court at ............................... .

Dated this .......................... day of .......................... 19 ......................... .

(Seal) 

Magistrate



FORM 2[ Sections 38 and 39]

WARRANT OF ARREST


To the Inspector General of Police, and all other Police Officers.

Whereas .......................... of .......................... stands charged with the offence of .......................... you are directed to arrest the said .......................... and to produce him before the Magistrate's Court at ............................ .

Dated this .......................... day of .......................... 19 . ..........................

(Seal) 

Magistrate


This Warrant may be indorsed as follows--

If the said ................................... shall give bail himself in the sum of ....................................... ringgit, with one surety in the sum of ................................................. ringgit [ or two sureties each in the sum of ................................ ringgit] to attend before the Court on the .......................... day of .......................... and to continue so to attend until otherwise directed by me, he may be released.

Dated this ..................... day of ..................... 19 ............ .

(Seal) 

Magistrate



FORM 3[ Section 390]

BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT


I .......................... of .......................... , being brought before the Magistrate's Court at ........................... under a warrant issued to compel my appearance to answer to a charge of .......................... do hereby bind myself to attend in the Magistrate's Court at .......................... on the .......................... day of .......................... next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and,in case of my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of .......................... ringgit.

Dated this ..................... day of ................... 19 .............. .

Signature


I [or we ] do hereby declare myself [or ourselves ] surety [or sureties ] for the above-named .......................... of .......................... , that he shall attend before the Magistrate's Court at .......................... on the .......................... day of .......................... next,.................... ..................... to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I [or we] hereby bind myself [or ourselves, jointly and severally] to forfeit to the Yang di-Pertuan Agong the sum of .......................... ringgit.

Dated this .......................... day of .......................... 19 .............. .

Signature



FORM 4[ Section 44]

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED


Whereas complaint has been made before me that .......................... of ............................ has committed [or is suspected to have committed] the offence of .......................... punishable under section .......................... of the Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ........................................... cannot be found; and whereas it has been shown to my satisfaction that the said .......................................... has absconded [or is concealing himself to avoid the service of the said warrant, as the case may be]: Proclamation is hereby made that the said .......................... of ........................ is required to appear before the Magistrate's Court at .......................... to answer the said complaint within .......................... days from this date.

Proclamation is hereby made that the said .......................... of ........................ is required to appear before the Magistrate's Court at .......................... to answer the said complaint within .......................... days from this date.

Dated this .......................... day of .......................... 19 ............. .

(Seal)

Magistrate



FORM 5[ Section 44]

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS


Whereas complaint has been made before me that .......................... of .......................... has committed [or is suspected to have committed] the offence of ................................. and a warrant has been issued to compel the attendance of .................... of .............................. before the Magistrate's Court at ....................... to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said .......................... cannot be served, and it has been shown to my satisfaction that he has absconded [or is concealing himself to avoid the service of the said warrant]:

Proclamation is hereby made that the said .......................................... is required to appear before the Magistrate's Court at ........................... on the ...................... day of .......................... next at a.m./p.m to be examined touching the offence complained of.

Dated this .......................... day of ....................... 19 ............... .

(Seal) 

Magistrate



FORM 6[ Section 45]

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS


To the Police Officer in charge of the Police District of

Whereas a warrant has been duly issued to compel the attendance of ................................................. of ..................................to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to the satisfaction of the Court that he has absconded [or is concealing himself to avoid the service of the said warrant]; and thereupon a Proclamation was duly issued and published requiring the said ..................................... to appear and give evidence at the time and place mentioned therein, and he has failed to appear:

This is to authorize and require you to attach by seizure the movable property belonging to the said ............................ to the value .......................... of .......................... ringgit which you may find within the State .......................... and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an indorsement certifying the manner of its execution.

Dated this .......................... day of .......................... 19 ............. .

(Seal) 

Magistrate



FORM 7[ Section 47]

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS


To the Inspector General of Police, and all other Police Officers.

Whereas complaint has been made before me that ................................... of .................................. has [or is suspected to have] committed the offence of .......................... and it appears likely that .......................... of ....................... can give evidence concerning the said complaint; and whereas the Court has good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so:

This is to authorize and require you to arrest the said .......................... of .......................... and on the day of ............................. to bring him before the Magistrate's Court at .......................... to be examined touching the offence complained of.

Given under my hand and the seal of the Court, this .......................... day of 19 ............. .

(Seal) 

Magistrate



FORM 8[ Section 54]

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE


To the Chief Police Officer of the State of , and other Police Officers(to be designated by name).

Whereas information has been laid [or complaint has been made] before me of the commission [or suspected commission] of the offence of ........................................ and it has been made to appear to me that the production of the articles specified in the Schedule below is essential to the enquiry now being made [or about to be made] into the said offence [or suspected offence]:

This is to authorize and require you within the space of .......................... days from the date hereof to search for the said articles specified in the Schedule below in the ( describe the house or place, or part thereof, to which the search is to be confined ), and, if found, to produce the same immediately before the Magistrate's Court; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) 

Magistrate



FORM 9[ Section 56]

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT


To the Chief Police Officer of the State of , and other Police Officer or Officers (designated by name herein).

Whereas information has been laid before me, and on due enquiry thereupon I have been led to believe that the (describe the house or other place) is used as a place for the deposit [or sale] of stolen property [or if for either of the other purposes expressed in the section, state the purpose in the words of the section]:

This is to authorize and require you within the space of ................................ days from the date hereof to enter the said house [or other place] with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house [or other place, or if the search is to be confined to a part, specify the part clearly ] and to seize and take possession of any property [or documents, or stamps, or seals, or coins, or trade marks, as the case may be]--[Add (when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or trade marks, or counterfeit stamps, or false seals, or counterfeit coin, as the case may be] and immediately to bring before this Court such of the said things as may be taken possession of; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.

Given under my hand and the seal of the Court, this ...................... day...................... of 19 .............. .

(Seal) 

Magistrate



FORM 10[ Section 66]

BOND TO KEEP THE PEACE


Whereas I ............................. inhabitant of ............................ have been called upon to enter into a bond to keep the peace for the term of .............................. I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term; and, in case of my making default therein, I hereby bind myself to forfeDated this .......................... day of .......................... 19 ................. .

it to the Yang di-Pertuan Agong the sum of .......................... ringgit.

Signature

FORM 11[ Sections 68 and 69]

BOND FOR GOOD BEHAVIOUR


Whereas I .......................... inhabitant of .......................... have been called upon to enter into a bond to be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia for the term of ........................... I hereby bind myself to be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia during the said term; and in case of my making default therein, I hereby bind myself to forfeit to the Yang di-Pertuan Agong the sum .......................... of ringgit.

Dated this .......................... day of .......................... 19 ................. .

Signature


(When a bond with sureties is to be executed, add):

We do hereby declare ourselves sureties for the above-named ................................. that he will be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia during the said term; and in case of his making default therein we hereby bind ourselves jointly and severally to forfeit to the Yang di-Pertuan Agong the sum of .............................. ringgit.

Dated this .......................... day of .......................... 19 ................. .

Signature



FORM 12[ Section 70]

ORDER TO SHOW CAUSE


Whereas information has been received by me that (here set out the substance of the information received).

It is hereby ordered that ................................. do attend at the Magistrate's Court at .......................... on the ........................ day of .................... 19 ................. , at ................... a.m./p.m.. to show cause why he should not be ordered to execute a bond for his good behaviour in the sum of .......................... ringgit to be in force for the term of .......................... months with .......................... sufficient sureties being (here state character and class of sureties required).

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) 

Magistrate



FORM 13[ Section 71]

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE


To .......................... of ..........................

Whereas it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace [or by which act a breach of the peace will probably be occasioned], you are hereby required to attend in person [or by an advocate] at the Magistrate's Court ........................................ at ........................................ on the ................................ day of ..................... , 19 ................ ...... a.m./p.m., .......................... to show cause why you should not be required to enter into a bond for ................................. ringgit [when sureties are required, add :--and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of ................................ ringgit (each, if more than one)], that you will keep the peace for the term of .......................... .

Given under my hand and the seal of the Court, this .......................... day.................. of 19 ........... .

(Seal) 

Magistrate



FORM 14[ Section 79]

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE


To the Officer in charge of the Prison at .......................... ..

Whereas .......................... of .......................... appeared before me in person [or by his authorized agent] on the .......................... day of .......................... in obedience to a summons calling upon him to show cause why he should not enter into a bond for .......................... ringgit with one surety [or a bond with two sureties each in ringgit], that he the said ........................................................ would keep the peace for the period of ..................................... And whereas an order was then made requiring the said ............................................... to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order:

This is to authorize and require you to receive the said .......................... into your custody, together with this warrant, and him safely to keep in prison for the said period of .......................... unless he shall, in the meantime, comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received, and the said ..........................released; and to return this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of ................... 19 ............ .

(Seal) 

Magistrate



FORM 15[ Section 79]

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR


To the Officer in charge of the Prison at ........................................

Whereas it has been made to appear to me that ................................. of ................................ has been and is lurking within the District of .......................................... having no ostensible means of subsistance [or and that he is unable to give any satisfactory account of himself]:

or

Whereas evidence of the general character of .......................... of .......................... has been adduced before me and recorded, from which it appears that he is a habitual robber [or house-breaker, etc., as the case may be].

And whereas an order has been recorded stating the same and requiring the said ................................................... to furnish security for his good behaviour for the term of ........................................... by entering into a bond with one surety [or two or more sureties, as the case may be], himself for ................................. ringgit, and the said surety [or each of the said sureties] for ................................ ringgit, and the said .................................. has failed to comply with the said order, and for such default has been adjudged imprisonment for unless the said security be sooner furnished:

This is to authorize and require you to receive the said .......................... into your custody, together with this warrant, and him safely to keep in prison for the said period of .............................., unless he shall in the meantime comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received and the said ..................................... released; and to return this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) 

Magistrate



FORM 16[ Sections 79 and 80]

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY


To the Officer in charge of the Prison at ............................................... (or other officer in whose custody the person is).

Whereas ....................... of .......................... was committed to your custody under warrant of this Court, dated the ..................... day of .......................... , and has since duly given security under section ............................. of the Criminal Procedure Code,

or


and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community:

This is to authorize and require you immediately to discharge the said from your custody, unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this .......................... day .......................... of 19 ............. .

(Seal) 

Magistrate



FORM 17[ Section 89]

ORDER FOR THE REMOVAL OF NUISANCES


To ................................ of ................................... .

Whereas it has been made to appear to me that you have caused an obstruction [or nuisance] to persons using the public roadway [or other public place] which, etc., (describe the road or public place), by, etc., (state what it is that causes the obstruction or nuisance) and that such obstruction [or nuisance] still exists:

or

Whereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of ........................................................................................................ at .............................................................................

and that the same is injurious to the public health [or comfort] by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place:

or

Whereas it has been made to appear to me that you are the owner [or are in possession of, or have the control over] a certain tank [or well, or excavation] adjacent to the public way (describe the thoroughfare) and that the safety of the public is endangered by reason of the said tank [or well, or excavation] being without a fence [or insecurely fenced]:

or

Whereas, etc., etc. (as the case may be):

I do hereby direct and require you within ....................................... to ........................................ or to appear at .......................... in the .......................... Court of ........................ on the ..................... day of ................... next, and to show cause why this order shall not be enforced:

or

I do hereby direct and require you within .......................................... to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.:

or

I do hereby direct and require you within ........................................... to put up a sufficient fence (state the kind of fence and the part to be fenced) or to appear, etc.

or

I do hereby direct and require you, etc., etc . (as the case may be).

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 .............. .

(Seal) 

Magistrate



FORM 18[ Section 94]

NOTICE AND PEREMPTORY ORDER BY MAGISTRATE AFTER ORDER ABSOLUTE


To of .

Notice is hereby given that an order absolute has been made against you requiring you .......................... and you are hereby directed and required to obey the said order within ............................ on peril of the penalty provided by section 188 of the Penal Code for disobedience to it.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 19[ Section 96]

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING DECISION


To ...................................of ................................. .

Whereas a conditional order was made by this Court on the .......................... day of ........................ 19 ..................... , requiring you .................. and it has been made to appear to this Court that the nuisance mentioned in the said order is attended with so imminent serious danger to the public as to render necessary immediate measures to prevent such danger, you are hereby, under section 96 of the Criminal Procedure Code, directed and enjoined immediately to ................................. pending the final decision of the case.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 20[ Section 97]

ORDER OF MAGISTRATE PROHIBITING THE REPETITION, ETC., OF A NUISANCE


To ...................................of ................................. .

Whereas it has been made to appear to this Court that, etc . (state the proper recital, guided by Form No. XVII or Form No. XXI, as the case may be):

You are hereby ordered and enjoined not to repeat the said nuisance by again placing, or causing, or permitting to be placed, etc. (as the case may be).

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 21[ Section 98]

ORDER OF MAGISTRATE TO PREVENT OBSTRUCTION, RIOT, ETC.


To ...................................of ................................. .

Whereas it has been made to appear to this Court that you are in possession [or have the management] of ............................................. ............................................. and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road:

or

Whereas it has been made to appear to this Court that you and a number of other persons (mention the class of persons) are about to meet and proceed in a religious procession along the public street, etc. (as the case may be) and that such procession is likely to lead to a riot or an affray:

or

Whereas, etc., etc. (as the case may be).

You are hereby ordered not to place or permit to be placed any of the earth or stones dug from your land in any part of the said road.

or

The procession passing along the said street is hereby prohibited, and you are warned and enjoined not to take any part in such procession [or, as the case recited may require].

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 22[ Section 99]

ORDER OF MAGISTRATE DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE


Whereas it appears to the undersigned Magistrate on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain ................................. situate at ............................. the parties were called upon to give in to this Court a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and this Court being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said .......................... is true:

It is hereby decided and declared that he is [or they are] in possession of the said ................................................ and entitled to retain such possession until ousted by due course of law, and any disturbance of his [or their] possession in the meantime is forbidden.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 23[ Section 100]

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC.


To the Chief Police Officer of the State of ........................................... [or, To the Collector of Land Revenue of .................................. ].

Whereas it having been made to appear to the undersigned ........................................ Magistrate that a dispute likely to induce a breach of the peace existed between ........................................ of and ........................................ of ........................................concerning certain ........................................ situate at ........................................, the said parties were thereupon duly called upon to state to this Court in writing their respective claims as to the fact of actual possession of the said ......................................... And whereas, upon due enquiry into the said claims, this Court has decided that neither of the said parties was in possession of the said ........................................ [or this Court is unable to satisfy itself as to which of the said parties was in possession as aforesaid]:

This is to authorize and require you to attach the said (the subject of dispute) by taking and keeping possession of it, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained; and to return this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 24[ Section 101]

ORDER OF MAGISTRATE PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER


A dispute having arisen concerning the right of use of ............................. situate at ........................... , possession of which land [or water] is claimed exclusively by and it appearing to this Court, on due enquiry into the same, that the said land [or water] has been open to the enjoyment of such use by the public [or if by any individual or a class of persons, describe him or them], and [if the use can be enjoyed throughout the year--that the said use has been enjoyed within three months of the institution of the said enquiry, or if the use is enjoyable only at particular seasons, say during the last of the seasons at which the same is capable of being enjoyed]:

It is hereby ordered that the said ...................................... or any one in their interest, shall not take [or retain] possession of the said land [or water] to the exclusion of the enjoyment of the right of use aforesaid, until he [or they] shall obtain the decree or order of a competent Court adjudging him [or them] to be entitled to exclusive possession.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ................ .

(Seal) 

Magistrate



FORM 25[ Section 118]

BOND TO PROSECUTE OR GIVE EVIDENCE


I ........................ of .............................. do hereby bind myself to attend at the Magistrate's Court at .......................... , at ................... a.m./p.m on the ........................... day .......................... of .......................... next, and then and there to give evidence in the matter of a charge of .......................... against one A B; and in case of my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of .......................... ringgit.

Dated this .......................... day of .......................... 19 ................. .


Signature



FORM 26[ Section 120]

REPORT OF POLICE INVESTIGATION


To the Public Prosecutor.

1. At ............................ a.m./p.m on the ......................... day of .................. 19 ............. , I received information by ............................... from .......................... that a .......................... had taken place at .......................... and

that .......................... persons were concerned or suspected of being concerned therein, and that the total amount of property concerned in the report was RM .......................... ..

2. I proceeded thereupon to take action as detailed in the enclosed investigation diaries.

3. I ascertained the following facts ..........................................

4. I examined the following witnesses whose statements accompany this report: persons marked "B" are under a Bond to appear in Court.

5. The following documents accompany this report in addition to the statements of the witnesses:

Investigation Diary No. .........................................

6. I am of opinion that the offence of .................................................... is disclosed and that the following persons are concerned therein ..................................................

7. I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I have been unable to examine them for the reasons here stated:

8. The under-mentioned articles have been secured or recovered and are to serve as exhibits.

Signature



FORM 27[ Sections 152 and 154]

CHARGES

(I)--CHARGES WITH ONE HEAD


Penal Code:

On section 121

1. That you, on or about the .......................... day of .......................... , at .......................... , waged war against the Yang di-Pertuan Agong and thereby committed an offence punishable under section 121 of the Penal Code.

On section 124

2. That you, on or about the .......................... day of .......................... , at .......................... , with the intention of inducing a member of the State Legislative Assembly to refrain from exercising a lawful power as such member, assaulted such member, and thereby committed an offence punishable under section 124 of the Penal Code.

On section 161

3. That you, being a public servant in the ............................................. Department directly accepted from (state the name), for another party (state the name) a gratification other than legal remuneration as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 161 of the Penal Code.

On section 166

4. That you, on or about the .......................... day of .......................... , at ......................... , did [or omitted to do, as the case may be] such conduct being contrary to ........................... and known by you to be prejudicial to .......................... and thereby committed an offence punishable under section 166 of the Penal Code.

On section 193

5. That you, on or about the ........................... day of .......................... , at ................. .................................. , in the course of the trial of ................................ before .............................. , stated in evidence that ............. ........... which statement you either knew or believed to be false or did not believe to be true, and thereby committed an offence punishable under section 193 of the Penal Code.

On section 304

6. That you, on or about the ............................... day of ............................... , at .............................. , committed culpable homicide not amounting to murder, by causing the deathThat you, on or about the day of , at , committed culpable homicide not amounting to murder, by causing the death

of ................................................ and thereby committed an offence punishable under section 304 of the Penal Code.

On section 306

7. That you, on or about the .......................... day of ........................ , at ......................... , abetted the commission of suicide by A B, a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Penal Code.

On section 325

8. That you, on or about the ........................... day of .......................... , at ...................................... , voluntarily caused grievous hurt to ............................. , and thereby committed an offence punishable under section 325 of the Penal Code.

On section 392

9. That you, on or about the .......................... day of ............................ , at .............................. , robbed ................................ and thereby committed an offence punishable under section 392 of the Penal Code.

On section 395

10. That you, on or about the .......................... day of .......................... , at ............................... , committed gang-robbery, an offence punishable under section395 of the Penal Code.

(II)--CHARGES WITH TWO OR MORE HEADS


On section 241

1. First--That you, on or about the .......................... day of .......................... , at ............................ , knowing a coin to be counterfeit, delivered the same to another person, by name A B, as genuine, and thereby committed an offence punishable under section 241 of the Penal Code.

Secondly--That you, on or about the the .......................... day of .......................... , at ............................ , knowing a coin to be counterfeit, attempted to induce another person, by name A B , to receive it as genuine, and thereby committed an offence punishable under section 241 of the Penal Code.

On sections 302 and 304

2. First--That you, on or about the .......................... day of .......................... , at ............................ , committed murder by causing the death of , and thereby committed an offence punishable under section 302 of the Penal Code.

Secondly--That you, on or about the .......................... day of .......................... , at ............................ , committed culpable homicide not amounting to murder by causing the death

of and thereby committed an offence punishable under section 304 of the Penal Code.

On sections 379 and 382

3. First--That you, on or about the .......................... day of .......................... , at ............................ , committed theft, and thereby committed an offence punishable under section 379 of the Penal Code.

Secondly--That you, on or about the .......................... day of .......................... , at ............................ , committed theft, having made preparations for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Penal Code.

Thirdly--That you, on or about the .......................... day of .......................... , at ............................ , committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Penal Code.

Fourthly--That you, on or about the .......................... day of .......................... , at ............................ , committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft, and thereby committed an offence punishable under section 382 of the Penal Code.

Alternative charges on section 193

4. That you, on or about the .......................... day of .......................... , at ............................ , in the course of the inquiry into ................................................ before ................................ , stated in evidence that ................................... and that you, on or about the .......................... day of ......................................... , at .............................................. , in the course of the trial of .......................... , before ............................. , stated in evidence that one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Penal Code.

(III)--CHARGE FOR THEFT AFTER A PREVIOUS CONVICTION


That you, on or about the .......................... day of .......................... , at .......................... , committed theft, and thereby committed an offence punishable undersection 379 of the Penal Code.

And further that you, before the committing of the said offence, that is to say, on the ................. day of .............................. , had been convicted by the ........................... at ................................ of an offence punishable under Chapter XVII of the Penal Code with imprisonment for a term of three years, that is to say, the offence of housebreaking by night (describe the offence in the words used in the section under which the accused was convicted) which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Penal Code.

FORM 28[ Section 172]

FORMAL PART OF CHARGES TRIED BEFORE THE HIGH COURT


A B

You are charged at the instance of the Public Prosecutor, and the charge against you is ............................... .

Public Prosecutor



FORM 28A[ Section 172C]

APPLICATION FOR PLEA BARGAINING


To the High Court Judge/Sessions Court Judge/Magistrate,

Whereas a Charge/Charges in respect of an offence/offences has/have been preferred against me/us by the Public Prosecutor as follows:

(A brief description of the offence/offences)


Please attach a copy of the Charge/Charges


I (state the full name and the Identity Card no.), hereby apply to this Court for the said Charge/Charges to be set down for hearing for Plea Bargaining (state whether in respect of the sentence or the charge) and the Public Prosecutor to be informed of this application.

I solemnly declare that this application is voluntarily made after understanding the nature and extent of the punishment provided under the law for the offence/offences that I am charged with.

Dated this ......................... day of ........................20 ...................

.................................

Signature of the Accused Person

Application received by

..............................................

..............................................

..............................................

FORM 29[ Section 173]

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE


To the Officer in charge of the Prison at .......................................... .

Whereas on the .......................... day of .......................................the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. ............................. at ................................. the Magistrate's Court at .................................................. was convicted before this Court of the offence of .......................... under section ............ [or sections ............... ] of Penal Code [or of Enactment ............................. ], and was sentenced to .......................... .

This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and carry the aforesaid sentence into execution according to law.

Given under my hand and the seal of the Court, this ........................ day of ................... 19 .......... .

(Seal) Registrar, High Court

FORM 30[ Section 432]

WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER AMENDS BY DISTRESS


To the Officer in charge of the Prison at.................................................

Whereas ................................. of ................................ has brought against .......................... of .......................... the complaint that ................................................................ , and the same has been dismissed as frivolous [or vexatious], and the order of dismissal awards payment by the said .......................... of ............................. of the sum of ............................................ ringgit as amends; and whereas the said sum has not been paid and cannot be recovered by distress of the movable property of the said ................................................ and an order has been made for his imprisonment for the period of .......................... days, unless the aforesaid sum be sooner paid:

This is to authorize and require you, the said Officer, to receive the said .................................... into your custody, together with this warrant, and to keep him safely in prison for the said period of .....................................subject to section 432 of the Criminal Procedure Code, unless the said sum be sooner paid; and on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this ........................ day of ................... 19 .......... .

(Seal) Magistrate

FORM 31[ Sections 34 and 173]

SUMMONS TO A WITNESS


To .......................... of .......................... .

Whereas complaint has been made before me that ................... of ............................................. has [or is suspected to have] committed the offence of (state the offence concisely, with time and place) and it appears to me that you are likely to be able to give material evidence respecting the matter of such complaint:

You are hereby summoned to appear before the Magistrate's Court at ................................. on the ................................ day of .......................... next .......................... at .............. a.m./p.m., to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that if you shall, without just excuse, neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.

Given under my hand and the seal of the Court, this ........................ day of ................... 19 .......... .

(Seal) Magistrate

FORM 32

SUMMONS TO ASSESSORS OR JURORS

(Deleted by Act A908).



FORM 33[ Section 281]

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH


To the Officer in charge of the Prison at ............................................ .

Whereas at the Assizes held on the .......................... day of .......................... the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. ........................................ at the said Assizes was duly convicted of the offence of murder under section 302 of the Penal Code, and sentenced to suffer death:

This is to authorize and require you, the said Officer, to receive the said .......................................... into your custody, together with this warrant, and to keep him safely there until you shall receive the further warrant or order of this Court, or an order of the Ruler of the State thereon.

Dated this .......................... day of ................. 19 ............ .

(Seal) Registrar

FORM 34[ Section 281]

WARRANT OF EXECUTION ON A SENTENCE OF DEATH


To the Officer in charge of the Prison at ........................................

Whereas .................................................... the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. ........................................at the Assizes held at .......................................... on .................... the............................ day of ............................... 19 .............. , has been, by a warrant of this Court, dated the .......................... day of ................................... committed to your custody under sentence of death; and whereas the order of the Ruler of the State directing the said sentence to be carried into effect has been received by this Court:

This is to authorize and require you, the said Officer, to carry the said sentence into execution by causing the said .................................................. to be hanged by the neck until he is dead, at (time and place of execution), and to return this warrant to the Court with an indorsement certifying that the sentence has been executed.

Given under my hand and seal of the Court, this ......................... day of ........................ 19 .................. .

(Seal) Judge

FORM 35[ Section 283]

WARRANT TO LEVY A FINE BY DISTRESS AND SALE


To .......................... of ................... . .

Whereas .................... of ........................ was on the ...................... day of ......................... 19 ........... , convicted before me of the offence of .......................... and sentenced to pay a fine of ........................... ringgit, and whereas the said .......................... although required to pay the said fine, has not paid the same or any part of it:

This is to authorize and require you to make distress by seizure of any property belonging to the said ........................... which may be found within the District of ..................... and, if within ................... next after such distress the said sum shall not be paid [or immediately], to sell the property distrained, or so much of it as shall be sufficient to satisfy the said fine, returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.

Given under my hand and seal of the Court, this ......................... day of ........................ 19 .................. .

(Seal) Magistrate

Form of Indorsement


Whereas it has been proved to me that the signature T S to the within warrant is that of T S, a Magistrate of the District of .................................... ,I do hereby authorize the execution in the District of ............................... of the said warrant by ...................... .

Magistrate



FORM 36[ Section 273]

BOND TO APPEAR AND RECEIVE JUDGMENT


Whereas I ................................. inhabitant of .................................... have been called upon to enter into a bond to appear before the Court of .................................................. at ........................... if and when called upon to receive the judgment of the said Court for the offence of ................................................ which of I have been convicted, and in the meantime to be of good behaviour; I hereby bind myself to appear on the .................... day of ....................... 19 ........... , in the said Court or wherever I shall be required, and in the meantime to be of good behaviour and to keep the peace towards the Yang di-Pertuan Agong and to all persons within Malaysia; and in case I make default in any of the conditions herein I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ................................................ ringgit.

Dated this .......................... day of .......................... 19 ............. .

Signature


Where a bond with sureties is to be executed, add :

We do hereby declare ourselves sureties for the abovenamed ................................................. that he will appear in the Court of .......................... at .......................... on the .................................................. day of ........................... 19 ........... . , or wherever he shall be required, and that he will in the meantime be of good behaviour and keep the peace towards the Yang di-Pertuan Agong and to all persons within Malaysia; and in case of his making default in any of the conditions herein, we bind ourselves, jointly and severally, to forfeit to the Yang di-Pertuan Agong the sum of .......................... ringgit.

Dated this .......................... day of .......................... 19 ............. .

Signature



FORM 37[ Section 353]

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED


To the Officer in charge of the Prison at ...................................... .

Whereas at a Court before me on this ..................... day of ............................. in the presence [or view] of the Court committed wilful contempt:

And whereas for such contempt the said ................................ has been adjudged by the Court to pay a fine of .......................... ringgit, or in default to suffer imprisonment for the space of .......................... .

This is to authorize and require you to receive the said .............................. into your custody, together with this warrant, and to keep him safely in prison for the said period of ................................. unless the said fine be sooner paid; and, on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this ......................... day of ..................... 19 ........... .

(Seal) Magistrate

FORM 38[ Section 357]

WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER


To the Officer in charge of the Prison at........................................ .

Whereas ................................. of ................................ being summoned [or brought before this Court] as a witness and this day required to give evidence on an enquiry into an alleged offence, refused to answer a certain question [or certain questions] put to him touching the said alleged offence, and duly recorded, without alleging any just excuse for such refusal, and for this contempt has been adjudged detention in custody for .............................................. .

This is to authorize and require you to take the said .............................. into custody, and to keep him safely in your custody for the space of ................................ days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days, or immediately on such consent being known, to bring him before this Court to be dealt with according to law; returning this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 39

BOND AND BAIL BOND ON A PRELIMINARY INQUIRY BEFORE A MAGISTRATE

(Deleted by Act A908).



FORM 40[ Section 391]

WARRANT OF DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY


To the Officer in charge of the Prison at ............................................... .

Whereas ........................................... of .............................. was committed to your custody under warrant of this Court, dated the .......................... day of ................... 19 .......... , and has since with his surety [or sureties] duly executed a bond under the Criminal Procedure Code:

This is to authorize and require you immediately to discharge the said ................ from your custody, unless he is liable to be detained for some other matter.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Registrar or Magistrate

FORM 41[ Section 404]

WARRANT OF ATTACHMENT TO ENFORCE A BOND


To ........................................ .

Whereas .......................... of .......................... has failed to appear on .......................... pursuant to his recognizance, and has by such default forfeited to the Yang di-Pertuan Agong the sum of .......................... ringgit, and whereas the said .......................... has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him:

This is to authorize and require you to attach any movable property of the said ....................................... that you may find by seizure and detention, and if the said amount is not paid within three days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .(Seal) Registrar or Magistrate

FORM 42[ Section 404]

NOTICE TO SURETY ON BREACH OF A BOND


To .......................... of ......................... . .

Whereas on the .................................. day of .......................... 19 ........... , you became surety for .......................... of ................... .............................. that he should appear before this Court on the .......................... day of ....................... 19 ................ , and bound yourself in default thereof to forfeit the sum of ............................................ ringgit to the Yang di-Pertuan Agong, and whereas the said ......................... has failed to appear before this Court, and by reason of such default you have forfeited the aforesaid sum of .......................... ringgit.

You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Registrar or Magistrate

FORM 43[ Section 404]

NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR


To .......................... of ......................... . .

Whereas on the ............................... day of ........................... 19 ............ , you became surety by a bond for .......................... of .......................... that he would be of good behaviour for the period of ........................... , and bound yourself in default thereof to forfeit the sum of .................................... ringgit to the Yang di-Pertuan Agong, and whereas the said .......................... has been convicted of the offence of ...................... committed since you became such surety, whereby your security bond has become forfeited:

You are hereby required to pay the said penalty of .......................... ringgit, or to show cause within ................... days why it should not be paid.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Registrar or Magistrate

FORM 44[ Section 404]

WARRANT OF ATTACHMENT AGAINST A SURETY


To ................................... .

Whereas .......................... of .......................... has bound himself as surety for the appearance of (mention the condition of the bond), and the said ...................................... has made default, and thereby forfeited to the Yang di-Pertuan Agong the sum of .......................... ringgit.

This is to authorize and require you to attach any movable property of the said .................................. which you may find by seizure and detention; and, if the said amount is not paid within three days to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 45[ Section 404]

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL


To the Officer in charge of the Prison at ............................................. .

Whereas .......................... of .......................... has bound himself as a surety for the appearance of ........................... (state the condition of the bond) and the said ........................................ has therein made default whereby the penalty mentioned in the said bond has been forfeited to the Yang di-Pertuan Agong, and whereas the said .......................... has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for his imprisonment in the Civil Prison for ......................................

This is to authorize and require you ................................................ , to receive the said ......................................... into your custody with this warrant, and to keep him safely in the said Prison for the said ..................................................... and to return this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 46[ Section 404]

NOTICE TO THE PRINCIPAL OF FORFEITURE OF A BOND TO KEEP THE PEACE


To .......................... of .......................... . .

Whereas on the ........................ day of ...................... 19 ............ , you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded:

You are hereby called upon to pay the said penalty of .............................................. ringgit or to show cause before me within .......................... days why payment of the same should not be enforced against you.

Dated this .......................... day of ...................... 19 ............... .

(Seal) Magistrate

FORM 47[ Section 404]

WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE


To ......................................... .

Whereas ........................ of ............................... did on the ................................ day of ................... enter into a bond for the sum of ..................................................... ringgit, binding himself not to commit a breach of the peace, etc. (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ....................................... calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum:

This is to authorize and require you to attach by seizure the property belonging to the said ........................................ to the value ........................................of ........................................ringgit which you may find; and if the said sum is not paid within ........................................ , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 48[ Section 404]

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE


To the Officer in charge of the Prison at ........................................ .

Whereas proof has been given before me and duly recorded that ........................................ of ........................................has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to the Yang di-Pertuan Agong the sum of ........................................ ringgit; and whereas the said ........................................ has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said ........................................ in the Civil Prison for the period of .........................................

This is to authorize and require you, the said Officer of the said Civil Prison to receive the said ................... into your custody, together with this warrant, and to keep him safely in the said Prison for the said period of ................. ; and to return this warrant with an indorsement certifying ................................... the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 49[ Section 404]

WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR


To ....................................... .

Whereas .......................... of .......................... did on the .................... day of ...................... 19 .......... , give security by bond in the sum of ........................................... ringgit for the good behaviour of .................................. , and proof has been given before me and duly recorded of the commission by the said ........................... of the offence of ............................ where by the said bond has been forfeited; and whereas notice has been given to the said .................................. calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum:

This is to authorize and require you to attach by seizure the property belonging to the said .................................. to the value of ........................................ ringgit, ....................... which you may find; and if the said sum is not paid within .......................... to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 50[ Section 404]

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR


To the Officer in charge of the Prison at .......................................... .

Whereas .......................... of .......................... did on the .......................... day of ........................ 19 ............ , give security by bond in the sum of ............................................ ringgit for the good behaviour of .................................... and proof of the breach of the said bond has been given before me and duly recorded ............................ , whereby the said .................................... has forfeited to the Yang di-Pertuan Agong the sum of ............................................ ringgit: and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his property, and an order has been made for the imprisonment of the said ................................. in the Civil Prison for the period of .......................... .

This is to authorize and require you, .......................... , to receive the said ........................... into your custody, together with this warrant, and to keep him safely in ............................................. Prison for the said period of .......................... ; returning this warrant with an indorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this .......................... day of .......................... 19 ............. .

(Seal) Magistrate

FORM 51[ Section 307]

FORM OF PETITION OF APPEAL


In the

To the Judges of the High Court.

The Petition of A B

Showeth as follows:

1. *Your petitioner the above-named A B was charged with .................................... and convicted [or acquitted] at the Magistrate's Court held at .................................... on the day of .................................... 19 .................................... , and the following order was made thereon .................................... (here state shortly the substance of the judgment or sentence).

2. Your petitioner is dissatisfied with the said judgment on the grounds following: (here state the particular grounds of appeal on which the appellant relies).

3. Your petitioner prays that such judgment or sentence may be reversed or that such order may be made thereon as justice may require.

Appellant




NOTE --If the appeal is brought by the Public Prosecutor omit the words "Your petitioner" in paragraph 1.


FORM 52[ Section 370]

FORM OF WARRANT


To the Officer in charge of the Prison at ............................... or Officer in charge of the (name of asylum) or to (name of officer) in charge of ................................

You are hereby required to have the body of ................................ now a prisoner in the (name of prison) or now in custody at the (name of asylum) or now in your charge, under safe and sure conduct before the High Court at ................................ on the day of ................................ next by ................................ a.m./p.m. of the same day, there to be dealt with according to law; and unless the said ................................ shall then and there by the said Court be ordered to be discharged, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct back to the said prison [or asylum or other custody].

Dated this .......................... day of .......................... 19 .............. .

Registrar, High Court



FORM 53[ Section 369]

FORM OF WARRANT


To the Officer in charge of the Prison at .......................... . . .

You are hereby required to have the body of ............................... now a prisoner in your custody under a warrant of attachment .................................. before the High Court on the day of .......................... next by ................. a.m./p.m. by of the same day to be dealt with according to law; and you shall then and there abide by such order as shall in that behalf be made by the said Court. And unless the said shall then and there by the said Court be ordered to be released you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison [or other place of custody ].

Dated this .......................... day of .......................... 19 .............. .

Registrar, High Court



FORM 54[ Section 372]

WARRANT TO BRING UP PRISONER TO GIVE EVIDENCE


To the Officer in charge of the Prison at .......................... . .

You are hereby required to have the body of ................................................ now a prisoner in your custody under safe and sure conduct before this Court on the............................. day of ........................... next by ............. a.m./p.m of the same day there to give testimony in a certain charge or prosecution now pending before this Court against ........................................... and after the said ............................ shall have given his testimony before this Court or this Court shall have dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the said prison.

Given under my hand and the seal of the Court, this .......................... day of .................. 19 .......... .

(Seal) Registrar or Magistrate

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/ Third Schedule

 

  Third Schedule

(Deleted by Act A1132)

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/Fourth Schedule

 

 Fourth Schedule

[ Section 20A ]

PROCEDURE ON BODY SEARCH

Part I

OBJECTIVE


Objective of search

1. (1) A body search may be conducted on a person arrested only if it complies with any of the following objectives:

 

  • (a) 

    to obtain incriminating evidence of the commission of the offence for which he has been arrested; 

  • (b) 

    to seize contraband, the proceeds of crime, or other things criminally possessed or used in conjunction with the offence for which he has been arrested; or 

  • (c) 

    for the discovery of evidence related to the reason of the arrest or to preserve the evidence or to prevent disposal of such evidence by the person arrested. 

(2) For the purposes of this Schedule, "person arrested" means a person who is arrested or a person who is in lawful custody after his arrest.

Part II

TYPES AND CONDUCT OF BODY SEARCH


Types of body search

2. There shall be four types of body search--

 

  • (a) 

    pat down search; 

  • (b) 

    strip search; 

  • (c) 

    intimate search; and 

  • (d) 

    intrusive search. 

General conduct of officer during search

3. (1) An officer conducting a body search shall do so in a professional manner and have the highest regard for the dignity of the person arrested.

(2) The officer shall comply strictly with the following procedure:

 

  • (a) 

    before any search is commenced, the officer shall introduce himself to the person arrested and shall be courteous, professional and shall not use unnecessary or demeaning language or remarks against the person arrested and shall cause minimal embarrassment to the person; 

  • (b) 

    the search shall not be more extensive than necessary to ascertain the existence of harmful or unlawful articles believed to be concealed on the person arrested; 

  • (c) 

    the officer conducting the search shall be of the same sex as the person arrested with strict regard to decency; 

  • (d) 

    where the gender of the person arrested is in doubt, his gender shall be determined by way of an interview or through his identification card or birth certificate before a search is conducted by an appropriate officer with strict regard to decency; 

  • (e) 

    for strip, intimate and intrusive search, a second officer who is of the same sex of the person arrested shall be present during the search; 

  • (f) 

    no officer shall disclose to the public any blemish, flaw or defect of body parts found on the body of the person arrested during the cause of the search; 

  • (g) 

    in the course of a search, the officer shall respect-- 

(i) the religious and cultural sensitivities; and

(ii) the physical, psychological, medical and mental characteristics,

of a person arrested. In cases involving the removal of a female's scarf or male headdress, religious and cultural sensitivity approach shall be adopted;

 

  • (h) 

    when aperson arrested is pregnant, elderly or a person with disabilities, the search shall be conducted in a proper manner taking into consideration the state of the person's medical and physical condition. 

Part III

PAT DOWN SEARCH


Pat down search

4. (1) Pat down search means the act of searching the outer clothing of a person arrested which is to be conducted by quickly running the hands over the outer garments of the person arrested.

(2) Pat down search may be conducted when there is reasonable suspicion that a weapon, object, evidence or contraband is being concealed on a person arrested, and the search may be conducted in the following circumstances:

 

  • (a) 

    at the time of arrest; or 

  • (b) 

    before the arrested person is put into custody in a lock-up or detention centre. 

Authorization is not required to conduct pat down search

5. No authorization is required for an officer to conduct a pat down search.

Procedure on pat down search

6. Whenever any officer of any enforcement agency conferred with the power of arrest or search of a person under any law conducts a pat down search on a person arrested, the following procedure shall be complied with:

 

  • (a) 

    the officer shall first ask the person arrested to declare any item, object, evidence or contraband on his body or clothing that is harmful or unlawful; 

  • (b) 

    the officer shall then ask the person arrested to remove any personal items from his pockets or other parts of his clothing, to turn pocket linings out and to place the personal items in a place where they can be seen by the officer; 

  • (c) 

    the officer may ask the person arrested to remove from his body any jewellery, watch, footwear, sock, belt, headwear, beg, pouch and prosthetic device and place the items where they can be seen by the officer; 

  • (d) 

    the officer may instruct the person arrested to face his back towards him with his arms raised in such position that his palms are resting on the head and the legs are spread wide enough to a reasonable distance for the search to be conducted; 

  • (e) 

    if there is a wall or vehicle nearby, the person arrested may be asked to face or lean on the said wall or vehicle and the officer shall position himself slightly to one side at the rear of the person arrested; 

  • (f) 

    the officer may either run his fingers through the person arrested's hair or squeeze it, without pulling the hair and he may also ask the person arrested to run his fingers vigorously through his own hair; 

  • (g) 

    the officer may start off the pat down search beginning with one side of the person arrested and later proceeding to the centre back, and then the other side and upon completion of the back of the person arrested, the officer may instruct him to turn around and proceed to check the front of the person arrested in a similar manner; 

  • (h) 

    the officer may proceed to search the person arrested in a manner from top to bottom, running the hand over the neck and collar, shoulder and down the arm to the hand, under the armpit and down the trunk of the body, checking the pockets, seams and hems and other recesses in the clothing and ending at the waistline and for female, the officer may pass the hand over and under the person arrested's breast; 

  • (i) 

    the officer may instruct the person arrested to loosen his waistbands, if any, and check the bands or waistlines seams and belt loops, then the officer may run the hands around the person arrested's waist and proceed down the buttocks and legs and the officer may use both hands when searching the legs, paying particular attention to seams and cuffs; 

  • (j) 

    the officer shall not pass the hands over the person arrested's genital area when searching the trunk and legs of the person arrested; 

  • (k) 

    the search shall where ever possible be done out of the public view, and the officer shall-- 

(i) conduct the search having due regard to the security of the situation and evidence to be recovered and, as reasonably practical, cause minimal embarrassment and take reasonable care to protect the dignity of the person; and

(ii) prepare a list of all things seized in the course of the search and signed by the person arrested and he shall be given a copy thereof.

 

  • (l) 

    any pat down search conducted in a lock-up or a detention centre shall be recorded in a station diary or a proper book of record as the case may be. 

Part IV

STRIP SEARCH


Strip search

7. (1) A strip search means a search involving the removal of some part of outer clothings or removal of all the person arrested's clothing and during the search, the person arrested may be allowed to remain partly clothed by allowing him to dress his upper body before removing items of clothing from his lower body.

(2) The strip search may only be conducted in the following circumstances:

 

  • (a) 

    an arrest has been made; and 

  • (b) 

    when there is reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him. 

(3) A strip search may be conducted before a person arrested is detained in a lock-up or a detention centre or may also be conducted whenever he re-enters the lock-up or a detention centre where there is a reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him.

Authorization to conduct strip search

8. (1) A strip search shall not be conducted, without the prior approval of a police officer not below the rank of Inspector or in the case of any other enforcement agency, by an officer whose rank or authority is equivalent to the rank or authority of Inspector.

(2) The approval under subparagraph (1), if given orally shall be reduced in writing by the officer conducting a search, in the case of a police officer, into the station diary and in the case of any other enforcement agency, such approval shall be recorded in a proper book of record.

Procedure on strip search

9. Whenever any officer of any enforcement agency conferred with the power of arrest or search of a person under any law conducts a strip search on a person arrested, the following procedure shall be complied with:

 

  • (a) 

    the search shall be conducted in aprivate room out of the view of anyone outside the room and no recording or communicating devices shall be allowed in this room, including phones and cameras and only the officer conducting a search, the second officer and the person arrested shall be present in the room during the entire search; 

  • (b) 

    the officer conducting a search shall first explain in a language that the person arrested understands that the person arrested shall be required to take off his clothes and to declare any item, object, evidence or contraband on his body or clothing that is harmful or unlawful; 

  • (c) 

    the strip search does not require that the person arrested removes all his clothes at the same time; 

  • (d) 

    the search shall be divided into the search of the upper torso, arms and head, and the search of the lower torso from the navel downwards and in conducting the search a male person shall be allowed to put on his shirt before removing his trousers and a female person shall be allowed to put on her blouse and upper garments before removing her pants or skirt; 

  • (e) 

    all the removed clothes and personal items shall be thoroughly inspected, in the full view of the person arrested, to ensure that there are no incriminating weapons, objects, evidence or contraband concealed; 

  • (f) 

    to check the person arrested's hair the officer conducting a search may comb through the person's hair and if the hair is dreadlocked or matted, the officer will have to use his fingers to squeeze the person's hair without pulling it; 

  • (g) 

    to search the ears, the officer may-- 

(i) check the crevice behind the ears and have the person arrested lift his hair away from the neck; and

(ii) inspect the ear canals of the person by looking into the ear canal and for this purpose, a flashlight may be used;

 

  • (h) 

    in conducting a search of the nasal passage, the officer conducting a search may instruct the person arrested to tilt head back to observe and inspect the nasal canal and nostrils, and for this purpose, a flashlight may be used; 

  • (i) 

    to search the mouth, the officer may-- 

(i) instruct the person arrested to roll back his tongue to observe under the tongue;

(ii) instruct the person arrested to stick his tongue out to observe the back of the throat;

(iii) instruct the person arrested to pull his upper and lower lip from the gums to inspect the gum lines; or

(iv) instruct the person arrested to remove his dentures or false plates, if any, for inspection;

 

  • (j) 

    for an inspection of the person's torso from the navel upwards, the person arrested is allowed to wear his lower garments and the officer may-- 

(i) instruct the person arrested to stand in a position with his arms raised and palms resting on the head;

(ii) conduct a visual inspection of the person arrested may be conducted either by asking the person to turn 360 degrees slowly, or the officer may walk around the person;

(iii) inspect both his armpits, entire torso and belly button and if the person arrested is obese, he may be instructed to lift any skin to inspect any crevice that may not be visible;

(iv) instruct a female person to lift and separate her breasts to inspect all sides;

(v) inspect the whole arm and all fingers.

 

  • (k) 

    for an inspection of the lower torso below the navel and the legs, the person arrested shall be allowed to wear his upper garments and the officer may-- 

(i) instruct the person arrested to remove all clothes covering the bottom half from the navel downwards;

(ii) conduct a visual inspection of the person arrested either by asking the person to turn 360 degrees slowly, or the officer may walk around the person;

 

  • (l) 

    the officer shall have minimal physical contact with the prson arrested during the search involving his intimate parts of the body; 

  • (m) 

    after the search is completed the person arrested shall be allowed to put on his clothes; 

  • (n) 

    a list of all things seized in the course of the search shall be prepared by the officer conducting the search and signed by the person arrested and he shall be given a copy thereof. 

Part V

INTIMATE SEARCH


Intimate search

10.(1) An intimate search means a search which consists of the physical examination of a person arrested's body orifices other than the mouth, nose and ears.

(2) The intimate search may only be conducted in the following circumstances:

 

  • (a) 

    an arrest has been made; and 

  • (b) 

    the officer has a reasonable suspicion, whether or not the pat down search or strip search is conducted, that the person arrested is concealing a weapon, object, evidence or contraband in his body orifices. 

Authorization to conduct intimate search

11. An intimate search shall not be conducted, without the prior approval of a police officer not below the rank of Assistant Superintendent of Police or in the case of any other enforcement agency, by the officer whose rank or authority is equivalent to the rank of Assistant Superintendent of Police.

Procedure on intimate search

12.Whenever any officer of any enforcement agency conferred with the power of arrest or search of a person under any law conducts an intimate search on a person arrested, the following procedure shall be complied with:

 

  • (a) 

    if necessary, the person arrested may be instructed to remove all clothes covering the bottom half, from the navel downwards; 

  • (b) 

    if necessary, the person arrested may be instructed to squat over a mirror placed on the floor and made to cough deeply not more than ten times; 

  • (c) 

    when nothing is recovered after the squat and coughing deeply until ten times the intimate search shall stop and the person arrested shall be allowed to put on his clothes; 

  • (d) 

    where the officer considers that the person arrested is incapable of doing the squat due to the health, physical conditions or appears to be or claims to be pregnant, the squat shall not be performed; 

  • (e) 

    the officer shall not attempt or conduct any external intervention in discharging the article from the body orifices of the person arrested; 

  • (f) 

    the procedure on strip search as specified under subparagraphs 9(a), (b), (c), (d), (e), (f), (j), (k), (l), (m) and (n) shall apply for the purpose of intimate search. 

Part VI

INTRUSIVE SEARCH


Intrusive search

13.(1) An intrusive search means a search involving the examination of a person arrested to determine the existence of any object, evidence, weapon or contraband inside the body or body orifices of the person and includes the removal of such object, evidence, weapon or contraband.

(2) The intrusive search shall only be conducted by a Government Medical Officer or a Medical Officer, or by any hospital assistant or a registered nurse acting under the Government Medical Officer or a Medical Officer's direction.

Authorization to conduct intrusive search

14. (1) An intrusive search shall not be conducted, without the prior approval of an Officer in charge of the Police District or in the case of any other enforcement agency, by the officer whose authority is equivalent to the authority of an Officer in charge of the Police District.

(2) The approval under subparagraph (1) shall be recorded in the station diary and in the case of other enforcement agencies, such approval shall be recorded in a proper book of record.

(3) A Government Medical Officer or a Medical Officer after being served with a copy of the request for an intrusive search containing particulars of the approval of the officer under subsection (1) shall, as soon as possible, conduct the intrusive search or direct any hospital assistant or a registered nurse to conduct the search.

Procedure on intrusive search

15. Whenever an intrusive search on a person arrested is conducted, the following procedure shall be complied with:

 

  • (a) 

    the person arrested may be taken to the nearest hospital as soon as practicable for the search to be conducted accompanied by an officer; 

  • (b) 

    the accompanying officer, who is of the same sex as the person arrested, shall witness the search and shall take into custody of any weapon, object, evidence or contraband recovered pursuant to the search; 

  • (c) 

    a list of all things seized in the course of the search shall be prepared by the officer conducting the search and signed by the person arrested and he shall be given a copy thereof. 

 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/LIST OF AMENDMENTS

 

 LIST OF AMENDMENTS

Amending law

Short title

In force from

En. No. 19/1936

Criminal Procedure Code (Amendment) Enactment 1936

29-07-1936

En. No. 18/1937

Statute Law Revision (General Amendments) Enacment 1937

26-07-1937

En. No. 3/1938

Statute Law Revision (General Amendments) Enacment 1938

06-04-1938

En. No. 29/1938

Criminal Procedure Code (Amendment) Enactment 1938

21-12-1938

Ord. 13/1947

Criminal Procedure (Amendment) Ordinance 1947

10-03-1947

F.M. No. 1/1948

Transfer of Powers Ordinance 1948

06-03-1948

F.M. No. 43/1948

Courts Ordinance 1948

01-01-1949

Ord. 36/1950

Married Women and Children (Maintenance) 1950

04-07-1950

Ord. 1/1952

Criminal Procedure Codes (Amendment) Ordinance 1952

24-03-1952

Ord. 14/1952

The Police Ordinance 1952

15-11-1952

Ord. 79/1952

Criminal Procedure Codes (Amendment No. 2) Ordinance 1952

30-12-1952

L.N. 239/1953

Rule Committee Ordinance 1948

Selangor (except Sabak Bernam and Sepang)-- 01-05-1953, L.N. 252/1953; Remainder of the Federation-- 01-08-1953, L.N. 323/1953

L.N. 240/1953

Rule Committee Ordinance 1948

01-05-1953

L.N. 241/1953

Rule Committee Ordinance 1948

01-05-1953

Ord. No. 14/1953

Criminal Justice Ordinance 1953

30-04-1953

Ord. No. 8/1954

Criminal Procedure Codes (Amendment) Ordinance 1954

25-02-1954

Ord. No. 21/1955

Criminal Procedure Codes (Amendment) Ordinance 1955

15-6-1955

L.N. 161/1957

Federation of Malaya Agreement (Transfer of Powers of British Advisers) Order 1957

Johore: 01-02-1957;Kedah & Perlis: 01-03-1957;Kelantan, Perak & Terengganu: 01-01-1957;Negeri Sembilan: 28-07-1956;Pahang: 01-08-1956;Selangor: 16-11-1956

L.N. (N.S.) 1/1957

Federal Constitution (Modification of Laws) Order 1957

31-08-1957

L.N. (N.S.) 56/1957

Federal Constitution (Modification of Laws) Order 1957

31-08-1957

L.N. (N.S.) 73/1957

Federal Constitution (Modification of Laws) (No. 2) Order 1957

14-11-1957

Ord. 69/1957

Criminal Procedure Code (Amendment) Ordinance 1957

01-01-1958

Ord. 73/1958

Criminal Procedure Code (Amendment) Ordinance 1958

27-12-1958

Act 5/1963

Kidnapping Act 1963

21-01-1963

Act 9/1963

Criminal Procedure Code (Amendment) Act 1963

21-01-1963

Act 6/1965

Warrants and Summonses (Special Provisions) Act 1965

21-01-1965

L.N. 228/1965

Modification of Laws (Criminal Procedure) (Powers of Arrest) (Malaysia) Order 1965

16-09-1963

Act 25/1967

Criminal Procedure Code (Amendment) Act 1967

01-06-1967: P.U. 205/1967

Act 38/1967

Criminal Procedure Code (Amendment) (No. 2) Act 1967

29-08-1967

Act A6

Criminal Procedure Code (Amendment) Act 1969

1-3-1969: P.U.(B) 51/1969

P.U.(A) 521/1969

Emergency (Essential Powers) Ordinance No. 14 of 1969

18-12-1969

Act A233

Criminal Procedure Code (Amendment) Act 1974

01-11-1973

Act 160

Malaysian Currency (Ringgit) Act 1975

29-08-1975

Act A324

Criminal Procedure Code (Amendment and Extension) Act 1976

10-01-1976

Act A365

Criminal Procedure Code (Amendment) Act 1976

29-10-1976

P.U.(A) 97/1976

Modification of Laws (Criminal Procedure) (Sabah and Sarawak) Order 1976

10-01-1976

Act A549

Penal Code and Criminal Procedure Code (Amendment) Act 1983

20-02-1983

Act A614

Penal Code (Amendment) Act 1985

31-05-1985

Act A728

Criminal Procedure Code (Amendment) Act 1989

05-05-1989

Act A841

Criminal Procedure Code (Amendment) Act 1993

05-02-1993

*Act A908

Criminal Procedure Code (Amendment) Act 1995

17-02-1995

Act A979

Criminal Procedure Code (Amendment) Act 1997

31-01-1997

** A1015

Criminal Procedure (Amendment) Act 1998

01-04-1998

Act A1132

Criminal Procedure (Amendment) Act 2001

01-08-2002 for sections 1, 3, 4, 5, 6, 7, 8, 10 and 20 (P.U.(B) 235/2002) 15-09-2012 for sections 2, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 21 (P.U.(B) 284/2012)

P.U.(A) 224/2005

Revision of Laws (Rectification of Criminal Procedure Code ) Order 2005

17-06-2005

Act A1274

Criminal Procedure Code (Amendment) Act 2006

06-03-2007 for sections 9, 20 and paragraphs 33(b), (f), (g) & (h) [P.U.(B) 68/2007]; 02-07-2007 for paragraphs 33(k) and (v) [P.U.(B) 243/2007]; 07-09-2007 for sections 2 to 8, 10 to 19, 21 to 32, paragraphs 33(a), (c), (d), (e), (i), (j),(l) to (u) and section 34 [P.U.(B) 322/2007]

Act A1304

Criminal Procedure Code (Amendment) (Amendment) Act 2007

On the date appointed by the Minister under subsection 1(2) of Act A1274 [i.e. 07-09-2007; P.U.(B) 322/2007]

P.U.(A) 341/2008

Revision of Laws (Rectification of Criminal Procedure Code) Order 2008

19-09-2008

Act A1350

Criminal Procedure Code (Amendment) Act 2009

01-05-2009

Act A1378

Criminal Procedure Code (Amendment) Act 2010

01-06-2012

Act A1422

Criminal Procedure Code (Amendment) Act 2010 (Amendment) Act 2012

01-06-2012

Act A1423

Criminal Procedure Code (Amendment) Act 2012

01-06-2012

Act A1431

Criminal Procedure Code (Amendment)(No 2) Act 2012

31-07-2012 for sections 1,2,3,4,5 and 6 [P.U.(B) 254/2012]

 

* NOTE--See section 39 of Act A908--Any preliminary inquiry, trial by jury or trial with the aid of assessors that has been commenced before or on the commencement of the amending Act shall be continued or concluded in all respects as if the amending Act has not been passed and for that purpose, any preliminary inquiry or trial has been commenced when the accused has appeared before or has been brought before the Magistrate's Court or the High Court, as the case may be, and evidence has begun to be adduced in the inquiry or trial.

** NOTE--See subsections 11(1) and (2) of Act A1015--The provisions of the Act shall not apply to any prosecution or proceeding which has been instituted but has not been completed on the date of the commencement of the Act.

--No finding, judgment, sentence or order of any Court passed or imposed before the date of the commencement of the Act or during or at the conclusion of any prosecution or proceeding referred to in subsection 11(1) of the Act shall be reversed, altered or affected by any provision of the Act.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/LIST OF BILLS

 

 LIST OF BILLS

Legislative Supplement

Citation

BA 1015

CRIMINAL PROCEDURE (AMENDMENT) BILL 1997 (D.R. 51/1997)

BA 6

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL, 1968 (Bill for Act A6)

BA 233

CRIMINAL PROCEDURE CODES (AMENDMENT) BILL, 1973 (Bill for Act A233)

BA 324

CRIMINAL PROCEDURE CODE (AMENDMENT AND EXTENSION) BILL 1975 (Bill for Act A324)

BA 365

CRIMINAL PROCEDURE CODE (AMENDMENT AND EXTENSION) BILL 1976 (Bill for Act 365)

BA 728

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 1989 (D.R. 6/1989)

BA 841

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 1992 (D.R. 40/1992)

BA 908

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 1994 (D.R. 41/1994)

BA 979

CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 1996 (D.R. 48/1996)

BA 1132

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 2001 (D.R. 27/2001)

BA 1304

CRIMINAL PROCEDURE CODE (AMENDMENT)(AMENDMENT) BILL 2007 (D.R. 14/2007)

BA 1350

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 2008 (D.R. 28/2008)

BA 1378

Criminal Procedure Code (Amendment) Bill 2010 (D.R.17/2010)

BA 1422

CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2010 BILL 2011 (D.R. 39/2011)

BA 1423

CRIMINAL PROCEDURE CODE (AMENDMENT) BILL 2011 (D.R. 40/2011)

BA 1431

CRIMINAL PROCEDURE CODE (AMENDMENT) (NO. 2) BILL 2012 (D.R. 17/2012)

 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/LIST OF SUBSIDIARY LEGISLATION

 

 LIST OF SUBSIDIARY LEGISLATION

Legislative Supplement

Citation

In force from

PUA 319/2011

CRIMINAL PROCEDURE (RATES OF PAYMENT TO WITNESSES) RULES 2011

10-09-2011

PUB 85/2009

NOTIFICATION OF DECLARATION UNDER SUBSECTION 399(2)

17-03-2009

PUB 57/2014

NOTIFICATION OF DECLARATION UNDER SUBSECTION 399(2) (P.U (B) 57/2014)

15-02-2014

PUB 63/2014

APPOINTMENT OF DOCUMENT EXAMINER (P.U.(B) 63/2014)

25-02-2014

PUB 34/2015

APPOINTMENT OF DEPUTY PUBLIC PROSECUTOR (P.U.(B) 34/2015)

07-02-2015

PUB 35/2015

APPOINTMENT OF DEPUTY PUBLIC PROSECUTOR (P.U.(B) 35/2015)

10-02-2015

PUB 56/2015

APPOINTMENT OF DOCUMENT EXAMINER (P.U.(B) 56/2015)

15-02-2008

PUB 240/2015

APPOINTMENT OF DEPUTY PUBLIC PROSECUTOR (P.U. (B) 240/2015)

01-04-2015