ScheduleSchedule and shall be signed by the Public Prosecutor or by some person authorized by him in that behalf, and in the latter case the words “By authority of the Public Prosecutor” shall be prefixed to the signature.
(2) The proceedings shall not abate or determine by reason of the death or removal from office of the Public Prosecutor.
CHAPTER XVIIIA
PRE-TRIAL PROCESSES
Pre-trial conference
172A. (1) An accused who is charged with an offence and claims to be tried shall, by an advocate representing him, participate in a pre-trial conference with the prosecution before the commencement of the case management.
(2) A pre-trial conference shall commence within thirty days from the date the accused was charged in court or any reasonable time before the commencement of the case management.
(3) A pre-trial conference may be conducted by any means and at any venue as may be agreed upon by the advocate representing the accused and the prosecution.
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(4) During the pre-trial conference, an advocate representing an accused may discuss with the prosecution the following matters relating to the case:
(a) identifying the factual and legal issues;
(b) narrowing the issues of contention;
(c) clarifying each party’s position;
(d) ensuring the compliance with section 51A;
(e) discussing the nature of the case for the prosecution and defence, including any alibi defence that the accused may rely on;
(f) discussing any plea bargaining, and reaching any possible agreement thereto; and
(g) any other matters as may be agreed upon by the advocate representing the accused and the prosecution that may lead to the expeditious disposal of the case.
(5)
All matters agreed upon in the pre-trial conference by the advocate and the prosecution shall be reduced into writing and signed by the accused, the advocate and the prosecution.
Case management
172B. (1) A Magistrate, Sessions Court Judge or Judge of the High
Court, as the case may be, shall commence a case management process within sixty days from the date of the accused being charged and claims to be tried.
(2) At the case management, the Magistrate, Sessions Court Judge or Judge shall—
(i) take into consideration all matters that have been considered and agreed to by the accused and his advocate and the prosecution during the pre-trial conference; and where a plea bargaining has been agreed between the
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Judge or the Judge trying the case shall decide on the voluntariness of the accused in the plea bargaining according to the provisions of section 172C;
(ii) where no pre-trial conference has been held on the ground that the accused is unrepresented, discuss with the accused and the prosecution any matter which would have been considered under section 172A;
(iii) assist an accused who is unrepresented to appoint an advocate to represent the accused;
(iv) determine the duration of the trial;
(v) subject to subsection (3), fix a date for the commencement of the trial;
(vi) subject to the consent of the accused and his advocate, and the prosecution, admit any exhibits; and
(vii) give directions on any other matter as will promote a fair and expeditious trial.
(3) A subsequent case management, if necessary, may be held not less than two weeks before the commencement of the trial.
(4) The trial shall commence not later than ninety days from the date of the accused being charged.
(5) Notwithstanding subsections (1) and (4), a failure for the case management or the trial to commence according to the time period specified in the subsections shall not—
(a) render the charge or prosecution against the accused as defective or invalid; or
(b) be considered as a ground for appeal, review or revision.
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(6) Notwithstanding the provisions of the Evidence Act 1950, all matters that have been reduced into writing and duly signed by the accused, his advocate and the prosecution under subsection 172A(5)
shall be admissible in evidence at the trial of the accused.
Plea bargaining
172C. (1) An accused charged with an offence and claims to be tried may make an application for plea bargaining in the Court in which the offence is to be tried.
(2) The application under subsection (1) shall be in Form 28A of the
Second Schedule and shall contain—
(a) a brief description of the offence that the accused is charged with;
(b) a declaration by the accused stating that the application is voluntarily made by him after understanding the nature and extent of the punishment provided under the law for the offence that the accused is charged with; and
(c) information as to whether the plea bargaining applied for is in respect of the sentence or the charge for the offence that the accused is charged with.
(3) Upon receiving an application made under subsection (1), the
Court shall issue a notice in writing to the Public Prosecutor and to the accused to appear before the Court on a date fixed for the hearing of the application.
(4) When the Public Prosecutor and the accused appear on the date fixed for the hearing of the application under subsection (3), the Court shall examine the accused in camera—
(a) where the accused is unrepresented, in the absence of the
Public Prosecutor; or
(b) where the accused is represented by an advocate, in the presence of his advocate and the Public Prosecutor, as to whether the accused has made the application voluntarily.
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(5) Upon the Court being satisfied that the accused has made the application voluntarily, the Public Prosecutor and the accused shall proceed to mutually agree upon a satisfactory disposition of the case.
(6) If the Court is of the opinion that the application is made involuntarily by the accused, the Court shall dismiss the application and the case shall proceed before another Court in accordance with the provisions of the Code.
(7) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor, the satisfactory disposition shall be put into writing and signed by the accused, his advocate if the accused is represented, and the Public Prosecutor, and the Court shall give effect to the satisfactory disposition as agreed upon by the accused and the Public Prosecutor.
(8) In the event that no satisfactory disposition has been agreed upon by the accused and the Public Prosecutor under this section, the
Court shall record such observation and the case shall proceed before another Court in accordance with the provisions of the Code.
(9) In working out a satisfactory disposition of the case under subsection (5), it is the duty of the Court to ensure that the plea bargaining process is completed voluntarily by the parties participating in the plea bargaining process.
Disposal of the case
172D. (1) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor under section 172C, the Court shall, in accordance with law, dispose of the case in the following manner:
(a) make any order under section 426; and
(b) where the satisfactory disposition is in relation to a plea bargaining of the charge, find the accused guilty on the charge agreed upon in the satisfactory disposition and sentence the accused accordingly; or
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(c) where the satisfactory disposition is in relation to a plea bargaining of the sentence, find the accused guilty on the charge and—
(i) deal with the accused under section 293 or 294; or
(ii) subject to subsections (2) and (3), sentence the accused to not more than half of the maximum punishment of imprisonment provided under the law for the offence for which the accused has been convicted.
(2)
Where there is a minimum term of imprisonment provided under the law for the offence, no accused shall be sentenced to a lesser term of imprisonment than that of the minimum term.
(3) Subparagraph (1)(c)(ii) shall not apply where—
(a) in the case of a serious offence, the accused has a previous conviction for a related or same offence; or
(b) where the offence for which the accused is charged with falls within the following:
(i) an offence for which the punishment provided under the law is fine only;
(ii) an offence for which the punishment provided under the law is imprisonment for a term of not less than thirty years but not exceeding forty years;
(iii) any sexual related offence;
(iv) any offence committed against a child who is below twelve years of age; or
(v) any other offence as may be specified by the Public
Prosecutor by order published in the Gazette.
(4) For the purpose of paragraph (3)(a), “serious offence” means an offence where the maximum term of imprisonment that can be
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Finality of the judgment
172E. When an accused has pleaded guilty and has been convicted by the Court under section 172D, there shall be no appeal except to the extent and legality of the sentence.
Statements of, or facts stated by, accused not to be used for any other purpose
172F. Notwithstanding anything contained in any law, the statements of or facts stated by an accused in an application for a plea bargaining under section 172C shall not be used for any other purpose except for the making of such application.
Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty
172G. Where an accused pleads guilty at any time before the commencement of his trial, the Court shall sentence the accused in accordance with subparagraph 172D(1)(c)(ii).
CHAPTER XIX
SUMMARY TRIALS BY MAGISTRATES
Procedure in summary trials
173. The following procedure shall be observed by Magistrates in summary trials:
(a) When the accused appears or is brought before the Court a charge containing the particulars of the offence of which he is accused shall be framed and read and explained to him, and he shall be asked whether he is guilty of the offence charged or claims to be tried.
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(b) If the accused pleads guilty to the charge, whether as originally framed or as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(c) If the accused refuses to plead or does not plead or claims to be tried, the Court shall proceed to take all such evidence as may be produced in support of the prosecution.
(d) When the Court thinks it necessary it shall obtain from the complainant or otherwise the names of any persons likely to be acquainted with the facts of the case and to be able to give evidence for the prosecution, and shall summon to give evidence before itself such of them as it thinks necessary.
(e) The accused shall be allowed to cross-examine all the witnesses for the prosecution.
(f)
(i) When the case for the prosecution is concluded the
Court shall consider whether the prosecution has made out a prima facie case against the accused.
(ii) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(g) Nothing in paragraph (f) shall be deemed to prevent the
Court from discharging the accused at any previous stage of the case if for reasons to be recorded by the Court it considers the charge to be groundless.
(h)
(i)
If the Court finds that a prima facie case has been made out against the accused on the offence charged, the Court shall call upon the accused to enter on his defence.
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(ii) If the Court finds that a prima facie case has been made out against the accused on an offence other than the offence charged which the Court is competent to try and which in the opinion of the
Court it ought to try, the Court shall amend the charge.
(iii) For the purpose for subparagraphs (i) and (ii), a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.
(ha) When the Court calls upon the accused to enter on his defence under subparagraph (h)(i), the Court shall read and explain the three options to the accused which are as follows:
(i) to give sworn evidence in the witness box;
(ii) to give unsworn statement from the dock; or
(iii) to remain silent.
(i) The charge if amended shall be read to the accused as amended and he shall be again asked whether he is guilty of the offence in the charge as amended.
(j)
(i) If the accused pleads guilty to the charge as amended, the plea shall be recorded and he may be convicted on it and the Court shall pass sentence according to law:
Provided that before a plea of guilty is recorded the
Court shall ascertain that the accused understands the nature a consequences of his plea and intends to admit, without qualification, the offence alleged against him.
(ii) If the accused does not plead guilty to the charge as amended, the accused shall be called upon to enter on his defence.
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(iii) When the accused is called upon to enter on his defence, he may produce his evidence and shall be allowed to recall and cross-examine any witness present in the Court or its precincts:
Provided that if the accused elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:
Provided further that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.
(k)
If the accused puts in any written statement the Court shall file it with the record.
(l) (i) If the accused applies to the Court to issue any process for compelling the attendance of any witness (whether he has or has not been previously examined in the case)
for the purpose of examination or cross-examination or the production of any document or other thing, the
Court shall issue the process unless it considers that the application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice, in which case that ground shall be recorded by it in writing.
(ii) The Court may, before summoning any witness on such application, require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in Court.
(m) (i)
At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.
(ii)
If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it and the Court shall pass sentence according to law.
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Provided that before the Court passes sentence, the
Court shall, upon the request of the victim of the offence or the victim’s family, call upon the victim or a member of the victim’s family to make a statement on the impact of the offence on the victim or his family; and where the victim or a member of the victim’s family is for any reason unable to attend the proceedings after being called by the
Court, the Court may at its discretion admit a written statement of the victim or a member of the victim’s family.
(iii) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.
(n)
When the proceedings have been instituted upon the complaint of some person upon oath under section 133 and upon any day fixed or the hearing of the case the complainant is absent and the offence may lawfully be compounded, the Court may, in its discretion, notwithstanding anything hereinbefore contained, discharge the accused at any time before calling upon him to enter upon his defence.
(o)
If the accused does not appear at the time and place mentioned in the summons and it appears to the Court that the summons was duly served a reasonable time before the time appointed for appearing and no sufficient ground is shown for an adjournment the Court may either proceed ex parte to hear and determine the complaint or may adjourn the hearing to a future day.
Power to discharge conditionally or unconditionally
173A. (1) Notwithstanding anything contained in section 173, the Court shall have the powers contained in this section.
(2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or
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any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either—
(a) dismissing the charge or complaint after an admonition or a caution to the offender as the Court seems fit; or
(b) discharge the offender conditionally on his entering into a bond with or without sureties, to be of good behaviour and to appear for the conviction to be recorded and for sentence when called upon at any time during such period, not exceeding three years, as may be specified in the order.
(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss (not exceeding the sum of fifty ringgit) or to pay the costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.
(4) An order under this section shall for the purpose of revesting or restoring stolen property, and of enabling the Court to make such order as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with the restitution or delivery, have the like effect as a conviction for an offence committed in respect of such property.
(5) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
(6) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate who may—
(a) either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence whichever shall first happen; or
(b) admit him to bail with a sufficient surety conditioned on his appearing for judgment.
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(7) The offender when so remanded may be committed to prison and the warrant of remand shall order that he shall be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release.
(8) This section shall not apply—
(a) if the offender is charged with a serious offence; or
(b) if the offender is charged with the commission of an act of domestic violence as defined under section 2 of the Domestic Violence Act 1994 [Act 521].
Addresses
174. In summary trials under this Chapter—
(a) the officer conducting the prosecution need not open the case but may immediately produce his evidence;
(b) when the accused is called upon to enter on his defence, he or his advocate may before producing his evidence open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution, and if the accused gives evidence or witnesses are examined on his behalf may sum up his case; and
(c) the officer conducting the prosecution shall have the right of reply on the whole case when the accused has adduced evidence.
Power to award compensation
175. (1) If in any case the Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious it may, in its discretion, either on the application of the accused or on its own motion, order the complainant or the
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person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation, not exceeding twenty-five ringgit, as the Court thinks fit:
Provided that the Court—
(a) shall record and consider any objections which the complainant or informant may urge against the making of the order; and
(b) shall record its reasons for making the order.
(2) (Omitted).
(3) At the time of awarding compensation in any subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation under this subsection upon proof of the same.
Particulars to be recorded
176. (1) In proceedings under this Chapter the Court shall keep a record of the particulars of each case by using and completing or causing to be completed a charge sheet in accordance with such forms as the Chief Judge may direct and, where all necessary particulars cannot conveniently be entered on any such form, by annexing to it any requisite number of continuation sheets.
(2) The particulars to be incorporated in the record shall include:
(a) the name of the Court and the serial number of the case;
(b) the name and, where female, the sex of the accused;
(c) the address of the accused;
(d) the charge;
(e) the return date of the summons, if any;
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(f) the date of issue of the summons or warrant, if any;
(g) the name and address of the complainant, if any, the date of the complaint and the value of any property involved;
(h) the date of arrest;
(i) the date of first appearance before the Court;
(j) the nationality of the accused;
(k) the age of the accused;
(l) the particulars of any bail or bond offered or taken either through the police or the Court;
(m) the plea of the accused;
(n) the name and title of the officer or name of the advocate conducting the prosecution and the name of the advocate, if any, appearing for the accused;
(na) any satisfactory disposition of the case agreed upon by the accused and the Public Prosecutor under section 172C;
(o) the date of each adjournment or postponement and the date to which the adjournment or postponement was made and the grounds for making the same;
(p) the Court’s note of the evidence, if any;
(q) findings;
(r) the Court’s note on previous convictions, evidence of character, the victim’s or a member of his family’s impact statement, if any, and plea in mitigation, if any;
(s) the sentence or other final order;
(t) the judgment, if written;
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(u) the date on which the proceedings terminated;
(v) the particulars of any remand warrant, fine receipt and warrant of commitment;
and, in the event of an appeal being lodged,
(w) the dates of the notice of appeal, of any request for notes of evidence, of any notice that the notes of evidence can be had on payment, of the service of the Court’s grounds of decision, and of the transmission of the record to the
High Court;
(x) if the judgment was oral, the grounds of decision;
(y) the High Court’s serial number of the appeal;
(z) the result of the appeal and the date on which the Court was informed of it.
(3) The record shall be authenticated by the signature of the presiding officer of the Court, and shall be filed in such manner as the
Chief Judge may direct.
Transfer of cases
177. In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause the case is one which in the opinion of the Magistrate ought to be tried by some Court of higher jurisdiction than his own, or if before or during the trial application is made by the Public Prosecutor, the Magistrate shall stay proceedings and transfer the case to a higher Court.
Transmission of case to, and trial by, the High Court
177A. (1) A prosecution in respect of an offence which is to be tried by the High Court in accordance with Chapter XX, shall not be instituted except by or with the consent of the Public Prosecutor:
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Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.
(2) In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate’s Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable:
Provided that when the accused is brought before the
Magistrate’s Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto.
(3) When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under
Chapter XX.
CHAPTER XX
TRIALS BEFORE THE HIGH COURT
Commencement of trial
178. (1) When the Court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried.
(2) If the accused pleads guilty the plea shall be recorded, and he may be convicted on it:
Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
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(3) If the accused refuses to plead or does not plead, or if he claims to be tried, the Court shall proceed to try the case.
Opening case for prosecution
179. (1) The officer conducting the prosecution shall open his case by stating shortly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused.
(2) He shall then examine his witnesses, who may in turn be cross-examined for the defence and, if necessary, re-examined.
Procedure after conclusion of case for prosecution
180. (1) When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.
(2) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.
(3) If the Court finds that a prima facie case has been made out against the accused on the offence charged the Court shall call upon the accused to enter on his defence.
(4) For the purpose of this section, a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.
Defence
181. (1) When the accused is called upon to enter on his defence he or his advocate may then open his case, stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then examine his witnesses, if any, and after their cross-examination and re-examination, if any, may sum up his case:
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Provided always that if any accused person elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:
Provided also that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.
(2) The accused shall be allowed to examine any witness not previously named by him under the provisions of this Code if that witness is in attendance.
Reply
182. In all cases the officer conducting the prosecution shall have the right to reply on the whole case, whether the accused adduces evidence or not.
Procedure at the conclusion of the trial
182A. (1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.
(2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.
(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.
Sentence
183. If the accused is convicted, the Court shall pass sentence according to law.
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Victim’s impact statement
183A. (1) Before the Court passes sentence according to law under section 183, the Court shall, upon the request of the victim of the offence or the victim’s family, call upon the victim or a member of the victim’s family to make a statement on the impact of the offence on the victim or his family.
(2) Where the victim or a member of the victim’s family is for any reason unable to attend the proceedings after being called by the Court under subsection (1), the Court may at its discretion admit a written statement of the victim or a member of the victim’s family.
CHAPTER XXI
TRIALS BEFORE THE HIGH COURT WITH THE
AID OF ASSESSORS
183A–199.
(Deleted by Act A908).
CHAPTER XXII
TRIALS BY JURY BEFORE THE HIGH COURT
199A–235.
(Deleted by Act A908).
CHAPTER XXIII
JURORS AND ASSESSORS
235A–251.
(Deleted by Act A908).
CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
252–252A.
(Deleted by Act A908).
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Procedure where there are previous convictions
253. Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall be modified as follows:
(a) the part of the charge stating the previous conviction shall not be read out in Court, nor shall the accused be asked whether he has been previously convicted as alleged in the charge unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the charge;
(c) if he answers that he has been so previously convicted the
Court may proceed to pass sentence on him accordingly, but if he denies that he has been so previously convicted or refuses to or does not answer such question the Court shall inquire concerning such previous conviction.
Public Prosecutor may decline to prosecute further at any stage
254. (1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.
(2) At any stage of any trial before a Sessions Court or a Magistrates
Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same.
(3) Such discharge shall not amount to an acquittal unless the Court so directs.
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Reinstatement of trial after discharge
254A. (1) Subject to subsection (2), where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given.
(2) Subsection (1) shall only apply where witnesses have been called to give evidence at the trial before the order for a discharge has been given by the Court.
Right of accused to be defended
255. Subject to any express provision of law to the contrary, every person accused before any criminal Court may of right be defended by an advocate.
Court may put questions to accused
256. (1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may at any stage of a trial, without previously warning the accused, put such questions to him as the Court considers necessary.
(2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them, but the Court may draw such inference from the refusal or answers as it thinks just.
(3) The answers given by the accused may be taken into consideration in the trial and put in evidence for or against him in any other trial for any other offence which those answers may tend to show he has committed.
(4) The examination of the accused shall be for the purpose of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination on whatever suggests itself to the Court.
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(5) The discretion given by this section for questioning an accused shall not be exercised for the purpose of inducing him to make statements criminatory of himself.
(6) It shall only be exercised for the purpose of ascertaining from an accused how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained.
(7) Questions shall not be put to the accused merely to supplement the case for the prosecution when it is defective.
(8) Whenever the accused is examined under this section by any Court other than the High Court the whole of the examination including every question put to him and every answer given by him shall be recorded in full by the courts in Peninsular Malaysia in national language and by the courts in Sabah and Sarawak in English language, and the record shall be shown or read to him or, if he does not understand the national language or the English language, as the case may be, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.
(9) When the whole has been made conformable to what the accused declares to be the truth the record shall be signed by the presiding Magistrate.
Case for prosecution to be explained by Court to undefended accused
257. (1) At every trial before the Court of a Magistrate if and when the Court calls upon the accused for his defence it shall, if he is not represented by an advocate, inform him of his right to give evidence on his own behalf, and if he elects to give evidence on his own behalf shall call his attention to the principal points in the evidence for the prosecution which tell against him in order that he may have an opportunity of explaining them.
(2) The failure at any trial of any accused to give evidence shall not be made the subject of adverse criticism by the prosecution.
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Procedure where accused does not understand proceedings
258. If the accused, though not insane, cannot be made to understand the proceedings the Court may proceed with the trial and, in the case of the Court of a Magistrate if the trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the Court of a Judge shall make therein such order or pass such sentence as it thinks fit.
Power to postpone or adjourn proceedings
259. (1) If, from the absence of a witness or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any inquiry or trial the Court may, by order in writing, from time to time, postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable and may, by warrant, remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding eight days at a time:
Provided further that where a Government Medical Officer has certified that the complainant will not be able to give evidence before a certain date the accused may be remanded until such date notwithstanding that the term of remand may exceed eight days.
(2) Every order made under this section by the Court of a
Magistrate shall be in writing, signed by the presiding Magistrate, and shall state the reasons for it.
Explanation—If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.
Compounding offences
260. (1) The offences punishable under the Penal Code described in the first two columns of Part A may, when no prosecution for such offence is actually pending, be compounded by the person mentioned
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(2) The offences punishable under the Penal Code described in
Part B may, with the consent of the Court before which the case is pending, be compounded by the person to whom the hurt has been caused.
(3) When any offence is compoundable under this section the abetment of the offence or an attempt to commit the offence (when the attempt is itself an offence) may be compounded in like manner.
(4) When the person who would otherwise be competent to compound an offence under this section is not competent to contract any person competent to contract on his behalf may compound the offence.
(5) The composition of an offence under this section shall have the effect of an acquittal of the accused.
(6) No offence under the Penal Code not mentioned in this section shall be compounded.
PART A
Offence
Section of Penal
Code applicable
Person by whom offence may be compounded
Uttering words, etc., with deliberate intent to wound the religious feeling of any person
298
The person whose religious feelings are intended to be wounded
Causing hurt … … … … …
323, 334
The person to whom the hurt is caused
Wrongfully restraining or confining any person
341, 342
The person restrained or confined
Assault or use of criminal force 352, 355, 358
The person assaulted or to whom criminal force is used
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Offence
Section of Penal
Code applicable
Person by whom offence may be compounded
Unlawful compulsory labour 374
The person compelled to labour
Mischief when the only loss or damage caused is loss or damage to a private person
426, 427
The person to whom the loss or damage is caused
Criminal trespass … … …
447
The person in possession of the property trespassed upon
House-trespass … … … …
448
The person in possession of the property trespassed upon
Criminal breach of contract of service 491
The person with whom the offender has contracted
Enticing or taking away or detaining with a criminal intent a married woman
498
The husband of the woman
Defamation … … … … …
500
The person defamed
Printing or engraving matter knowing it to be defamatory
501
”
Sale of printed or engraved substance containing defamatory matter knowing it to contain such matter
502
”
Insult intended to provoke a breach of the peace
504
The person insulted
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PART B
Offence
Section of
Penal Code applicable
Voluntarily causing grievous hurt … … … … … …
325
Voluntarily causing grievous hurt on sudden provocation
335
Causing hurt by an act which endangers life … … …
337
Causing grievous hurt by an act which endangers life
338
Change of Magistrate during hearing
261. Whenever any Magistrate after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction in it and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may resummon the witnesses and recommence the inquiry or trial:
Provided as follows:
(a) in any trial the accused may, when the second Magistrate commences his proceedings, demand that the witnesses or any of them be resummoned and reheard;
(b) the High Court may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Magistrate before whom the conviction was had, if that Court is of opinion that the accused has been materially prejudiced thereby, and may order a new trial.
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Detention of offenders attending in Court
262. (1) Any person attending a criminal Court, although not under arrest or upon a summons, may be detained by that Court for the purpose of examination for any offence of which that Court can take cognizance and which, from the evidence, he may appear to have committed, and may be proceeded against as though he had been arrested or summoned.
(2) When the detention takes place after a trial has been begun, the proceedings in respect of that person shall be commenced afresh and the witnesses reheard.
Weekly or public holiday
263. No proceeding of any criminal Court shall be invalid by reason of its happening on a weekly holiday or public holiday.
CHAPTER XXV
MODE OF TAKING AND RECORDING EVIDENCE IN
INQUIRIES AND TRIALS
Evidence to be taken in presence of accused
264. Except as otherwise expressly provided all evidence taken under
Chapters XIX and XX shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.
Manner of recording evidence
265. In inquiries and trials under this Code by or before a Magistrate the evidence of the witnesses shall be recorded in the manner provided by this Chapter.
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Special provisions relating to protected witness
265A. (1) Notwithstanding section 264, where at any time during any trial, any of the witnesses for the prosecution refuses to have his identity disclosed and wishes to give evidence in such a manner that he would not be seen or heard by both the accused and his counsel, the
Public Prosecutor may make an oral application to the Court for the procedures in this section to apply.
(2) For the purpose of satisfying itself as to the need to protect the identity of the witness, the Court shall hold an inquiry in camera by questioning the witnesses concerned or any other witness in the absence of the accused and his counsel.
(3) If after such inquiry the Court is satisfied as to the need to protect the identity of the witness, the evidence of such witness shall be given in such a manner that the witness would not be visible to the accused and his counsel and further if the witness fears that his voice may be recognized, his evidence shall be given in such manner that he would not be heard by the accused and his counsel.
(4) The evidence given by the witness under subsection (3) shall be given to the accused and his counsel provided that the Court shall cause the evidence leading to the identity of the witness to be concealed.
(5) The Court shall disallow any question by the accused or his counsel to any other witness that would lead to the identification of the witness who has given his evidence under this section.
(6) Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person and his counsel.
(7) The Court shall seal all records that may lead to the identification of the witness who has given evidence under this section.
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Identification by witness where evidence is taken in camera
265B. If in the course of taking evidence under section 265A the accused or any other person is required to be identified by the witness who gives evidence in the manner provided in that section, such identification may be made by the witness through an interpreter or other officer of the Court.
Protection of identity of witness
265C. Notwithstanding any written law to the contrary, any report through any means on a protected witness shall not reveal or contain—
(a) the name;
(b) the address;
(c) the picture of the protected witness or any other person, place or thing which may lead to the identification of the protected witness; or
(d) any evidence or any other thing likely to lead to the identification of the protected witness.
Recording evidence in summons cases
266. (1) In summons cases tried before a Magistrate, the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record.
(2) If the Magistrate is prevented from making a note as required in subsection (1), he shall record the reason of his inability to do so and shall cause such note to be made in writing from his dictation in open court and shall sign the same, and such note shall form part of the record.
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Recording evidence in other cases
267. In all other trials before a Magistrate’s Court, and in all inquiries under Chapter XI, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record.
Record to be in narrative form
268. (1) Evidence taken under section 267 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.
(2) The presiding Magistrate may, in his discretion, take down any particular question and answer.
Reading over evidence and correction
269. (1) The evidence of each witness taken in inquiries under
Chapter XI shall be read over to him in the presence and hearing of the accused, if in attendance, or of his advocate, if he appears by advocate, and shall if necessary be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him the presiding Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness, and shall add such remarks as he thinks necessary.
(3) The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.
(4) When the evidence has been read over to the witness and every correction, if any, asked for by him has been made or noted the witness shall subscribe the deposition with his signature, and in the event of his refusing to do so the Magistrate shall record such refusal.
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(5) When a deposition has been read over to a witness and acknowledged to be correct the Magistrate shall append to the evidence of the witness a certificate signed with his signature or initials to the following effect:
“Read over (and interpreted) to the witness in the presence and hearing of the accused and admitted by the witness to be correct.”.
(6) The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.
Interpretation of evidence to accused
270. (1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.
(2) When documents are put in for the purpose of formal proof it shall be in the discretion of the Court to interpret as much of it as appears necessary.
Remarks as to demeanour of witness
271. A presiding Magistrate recording the evidence of a witness may, at the conclusion of the evidence and at the foot of the notes of it, record such remarks, if any, as he thinks material respecting the demeanour of the witness while under examination.
Judge to take notes of evidence
272. In all criminal cases tried before the High Court the Judge shall take down in writing notes of the evidence adduced.
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Other persons may be authorized to take down notes of evidence
272A. Nothing in this Chapter shall prevent a Judge or Magistrate in an inquiry or trial causing verbatim notes to be taken by another person of what each witness deposes in addition to any note of a substance of it which may be made or taken by the Judge or Magistrate himself; and such note shall form part of the record.
Evidence through live video or live television links
272B. (1) Notwithstanding any other provision of this Code or the
Evidence Act 1950, a person, other than the accused, may, with leave of the Court, give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so.
(2) The Court may, in the exercise of its power under subsection (1), make an order on any or all of the following matters:
(a) the persons who may be present at the place where the witness is giving evidence;
(b) that a person be excluded from the place while the witness is giving evidence;
(c) the persons in the courtroom who must be able to be heard, or seen and heard, by the witness, and by the persons with the witness;
(d) the persons in the courtroom who must not be able to be heard, or seen and heard, by the witness and by the persons with the witness;
(e) the persons in the courtroom who must be able to see and hear the witness and the persons with the witness;
(f) the stages in the proceedings during which a specified part of the order is to have effect;
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(g) the method of operation of the live video or live television link system including compliance with such minimum technical standards as may be determined by the Chief Justice; and
(h) any other order the Court considers necessary in the interest of justice.
(3) The Court shall not give leave under subsection (1) or make an order under subsection (2) if, in the opinion of the Court, to do so would be inconsistent with the Court’s duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.
(4) Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.
(5) Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.
(6) Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.
CHAPTER XXVA
RECORDING OF PROCEEDINGS BY MECHANICAL MEANS
Application of this Chapter
272C. Notwithstanding the provisions contained in Chapter XXV or any other provisions of this Code, or the provisions of any other written law, dealing with the mode of taking and recording of evidence, any mechanical means may be employed for the recording of any proceedings before the Special Court, the Federal Court, the Court of
Appeal, the High Court, the Sessions Court, the Magistrate Court and the Court for Children and where mechanical means are employed the provisions of this Chapter shall apply.
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Interpretation for the purposes of this Chapter
272D. (1) In this Chapter—
(a) “electronic record” means any digitally, electronically, magnetically or mechanically produced records stored in any equipment, device, apparatus or medium or any other form of storage such as disc, tape, film, sound track, and includes a replication of such recording to a separate storage equipment, device, apparatus or medium or any other form of storage;
(b) “mechanical means” includes any equipment, device, apparatus or medium operated digitally, electronically, magnetically or mechanically; and
(c) “proceedings” includes any trial, inquiry, appeal or revision, or any part of it, any application, judgment, decision, ruling, direction, address, submission and any other matter done or said by or before a Court, including matters relating to procedure.
(2) A reference to a Judge in this Chapter shall be a reference to a
Judge of the Special Court, the Federal Court, the Court of Appeal, the
High Court or the Sessions Court, as the case may be.
Proceedings may be recorded by mechanical means or combination of mechanical means and other modes
272E. (1) A Judge or Magistrate shall have the discretion to direct that any proceedings before any Court be recorded, in whole or in part, by any mechanical means or a combination of any mechanical means.
(2) Where any Judge or Magistrate directs that any proceedings be recorded by any mechanical means, the Judge or Magistrate shall satisfy himself as to the efficiency and functional capability of such mechanical means and that the mechanical means used for recording is in good working order for the purpose of ensuring that the electronic record of such proceedings is clear and accurate.
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(3) Notwithstanding that any proceedings are being recorded by any mechanical means, a Judge or Magistrate may—
(a) employ any other mode of taking and recording of evidence; and
(b) at any time, direct that such recording be discontinued and that the recording of such proceedings be continued by any other mechanical means or any other mode of taking and recording of evidence.
(4) Where a Judge or Magistrate makes a ruling that any evidence adduced is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be erased or otherwise omitted from the record of proceedings.
Electronic record to be transcribed
272F. (1) Where any proceedings before any Judge or Magistrate are recorded by any mechanical means, the Judge or Magistrate shall cause the electronic record of such proceedings to be transcribed by any person authorized in writing by the Judge or Magistrate.
(2) Where any person authorized to transcribe under subsection (1)
is not a public servant, such person shall be deemed to be a public servant within the meaning of the Penal Code while discharging his duties as such transcriber.
(3) Upon the production of the transcript by any person authorized under subsection (1), the Judge or Magistrate shall ascertain the accuracy and reliability of such transcript and where the Judge or
Magistrate makes a ruling that any evidence recorded is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be excluded from the record of proceedings.
(4) The transcript shall be authenticated by the signature of the
Judge or Magistrate.
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Safe custody of electronic record and transcript
272G. (1) The Judge or Magistrate shall cause any electronic record of any proceedings before the Judge or Magistrate and the authenticated copy of the transcript of such electronic record to be kept in safe custody.
(2) The electronic record shall not be erased, destroyed or otherwise disposed of—
(a) within the time allowed by law for instituting any appeal or revision in relation to the proceedings in question; or
(b) where an appeal or revision in relation to the proceedings in question is instituted, until that appeal or revision is finally determined or otherwise terminated.
(3) Upon compliance with subsection (2), the provisions of the
National Archives Act 2003 [Act 629] shall apply for the destruction and disposal of the electronic record and transcript.
Transcript of statement, evidence or deposition of person or witness
272H. (1) Where it is required by law that any statement, evidence or deposition of any person or witness is to be read over to and signed by such person or witness, or that any statement, evidence or deposition is to be reduced to or taken down in writing and signed, or there is any other procedure to the like effect, it shall be sufficient for all purposes if such statement, evidence or deposition is recorded and transcribed in accordance with this Chapter.
(2) Notwithstanding that any statement, evidence or deposition has been recorded and transcribed under subsection (1), the transcript of such statement, evidence or deposition may be read over to and signed by the person or witness making such statement, evidence or deposition in accordance with section 269.
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Transcript to form part of record or notes of proceedings or evidence
272I. A reference in any law to the record or notes of proceedings or evidence shall include a reference to the authenticated copy of any transcript of any electronic record and such transcript shall form part of the record or notes of proceedings or evidence.
Electronic filing, lodgement, submission and transmission of document
272J. Where any document relating to any proceedings is required to be filed, lodged with, submitted or transmitted to the Court, such filing, lodgement, submission or transmission may be done electronically as may be determined by the Court.
Issuance of Practice Direction
272K. The Chief Justice may, where necessary, issue Practice
Direction relating to the use of mechanical means and any matter related to it.
CHAPTER XXVI
JUDGMENT
Mode of delivering judgment
273. The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some subsequent time of which due notice shall be given to the parties or their advocates, and the accused shall, if in custody, be brought up or, if not in custody, shall be required to attend to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only.
274. (Deleted by F.M. No. 1 of 1948).
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Sentence of death not to be passed on pregnant woman
275. Where a woman convicted of an offence punishable with death is alleged to be pregnant, or where the Court before whom a woman is so convicted thinks fit, the Court shall direct one or more medical practitioners to be sworn to examine that woman in some private place and to enquire whether she is pregnant or not, and if upon the report of any of them it appears that she is pregnant the sentence to be passed upon her shall be a sentence of *imprisonment for life instead of sentence of death.
Judgment in the alternative
276. When a conviction is under the Penal Code and it is doubtful under which of two sections or under which of two parts of the same section of that Code the offence falls, the Court shall state accordingly and pass judgment in the alternative.
Judgment of death
277. When any person is sentenced to death the sentence shall direct that he be hanged by the neck till he is dead, but shall not state the place where nor the time when the sentence is to be carried out.
Judgment not to be altered
278. No Court, other than a High Court, having once recorded its judgment, shall alter or review the same:
Provided that a clerical error may be rectified at any time, and that any other mistake may be rectified at any time before the Court rises for the day.
*NOTE—A sentence of imprisonment for life shall be deemed for all purposes to be a sentence of imprisonment for thirty years—see section 3 of the Criminal Justice Act 1953 [Act 345].
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Judgment to be explained to accused and copy supplied
279. The judgment shall be explained to the accused and on his application a copy of the judgment or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay.
Such copy shall, in any case other than a summons case, be given free of cost.
Judgment to be filed with record
280. The original judgment shall be entered on and if written filed with the record of proceedings.
CHAPTER XXVII
SENTENCES AND THE CARRYING OUT OF IT
Provisions as to execution of sentences of death
281. With regard to sentences of death the following provisions shall be followed:
(a) after sentence has been pronounced a warrant, under the seal of the Court, shall be made out for the commitment of the person sentenced to the custody of the officer in charge of the district prison, and the warrant shall be full authority to the said officer, or any officer appointed by him for that purpose, for receiving into his custody and detaining the person so sentenced until the further warrant or order of the Court;
(b) (i) in cases in which notice of appeal is not given within the prescribed period, the Judge passing sentence of death shall, as soon as conveniently may be after such period has elapsed, forward to the Menteri Besar of the State in which the crime was committed, a copy of the notes of evidence taken on the trial, together with a report in writing signed by him, setting out his opinion whether there are any reasons, and, if any,
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(ii)
in cases in which notice of appeal is given the Judge who passed sentence of death shall, as soon as conveniently may be after the appeal has been determined by the Court of Appeal, forward to the
Federal Court the report in writing referred to in subparagraph (i); and, if the Federal Court dismisses the appeal made to it, the Judge presiding in that
Court shall as soon as conveniently may be after the dismissal forward to the aforesaid Menteri Besar, the said report in writing together with a copy of the notes of evidence taken at the original trial, a copy of the record of the proceedings before the Federal Court and also such report, if any, on the case as the Federal
Court may think fit to make signed by the Judge presiding in the Federal Court;
(c) the Menteri Besar shall, upon receipt of the proceedings, submit the same to the Ruler of the State and shall communicate to the Court of the Judge passing sentence a copy under his hand and seal of any order the Ruler of the
State may, acting in accordance with Article 42 of the
Constitution, make thereon, which order, if the sentence is to be carried out, shall state the place where the execution is to be held, and if the sentence is commuted into any other punishment shall so state; and if the person sentenced is pardoned shall so state;
(d) (i) on receiving the copy of the said order the Court shall cause the effect of the same to be entered in the records of the Court, and when the said order directs the sentence to be carried out shall appoint the time when it is to be carried out and shall endorse the time so appointed on the said order, and shall in all cases cause the order to be carried into effect by issuing a warrant or taking such other steps as may be necessary;
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(ii)
the Ruler of the State acting in accordance with
Article 42 of the Constitution may order a respite of the execution of the warrant and afterwards appoint some other time or other place for its execution;
(iii) the warrant shall be directed to the officer in charge of the prison for the district where the sentence is to be carried into effect, who shall carry the sentence into effect, in accordance with law;
(e) (i) there shall be present at the execution of the sentence the Medical Officer in charge of the prison, the
Superintendent of Prisons, the Officer-in-Charge of the prison and such other officers of the prison as the latter may require, and there may also be present any
Minister of Religion in attendance at the prison and such relations of the prisoner or other persons as the
Superintendent thinks proper to admit;
(ii) as soon as may be after judgment of death has been executed the Medical Officer shall examine the body of the person executed and shall ascertain the fact of death and shall sign a certificate thereof and deliver the same to the Officer-in-Charge;
(iii) a Magistrate of the district shall, within twenty-four hours after the execution, hold an inquiry and satisfy himself of the identity of the body and whether judgment of death was duly executed thereon, and he shall make a report of it to the Menteri Besar of the
State;
(f) when a sentence of death is avoided by the escape of the person sentenced to death, execution of the sentence shall be carried into effect at such other time after his recapture as the Court shall order;
(g) no omission or error as to time and place and no defect in form in any order or warrant given under this section and no omission to comply with the provisions of paragraph (e)
shall be held to render illegal any execution carried into
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Provisions as to execution of sentences of imprisonment
282. With regard to sentences of imprisonment the following provisions shall be followed:
(a) where the accused is sentenced to imprisonment the Court passing the sentence shall immediately forward a warrant to the prison in which he is to be confined and, unless the accused is already confined in that prison, shall forward him in the custody of the police to that prison with the warrant;
(b) every warrant for the execution of a sentence of imprisonment shall be directed to the Officer-in-Charge of the prison or other place in which the prisoner is or is to be confined;
(c) when the prisoner is to be confined in a prison the warrant shall be lodged with the Officer-in-Charge of the prison;
(d) every sentence of imprisonment shall take effect from the date on which it was passed unless the Court passing the sentence otherwise directs.
Provisions as to sentences of fine
283. (1) Where any fine is imposed under the authority of any law for the time being in force, then, in the absence of any express provision relating to the fine in such law contained, the following provisions shall apply—
(a) where no sum is expressed to which the fine may extend the amount to which the offender is liable is unlimited, but shall not be excessive;
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(b) in every case of an offence in which the offender is sentenced to pay a fine the Court passing the sentence may, in its discretion, do all or any of the following things:
(i)
allow time for the payment of the fine;
(ii) direct payment of the fine to be made by instalments;
(iii) issue a warrant for the levy of the amount by distress and sale of any property belonging to the offender;
(iv) direct that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of a fine an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that the person has no property or insufficient property to satisfy the fine payable or that the levy of distress will be more injurious to him or his family than imprisonment;
(v) direct that the person to be searched and that any money found on him when so searched or which, in the event of his being committed to prison, may be found on him when taken to prison, shall be applied towards the payment of such fine, the surplus, if any, being returned to him:
Provided that the money shall not be so applied if the Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to him than his imprisonment;
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(c) the period for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale:
(i)
if the offence is punishable with imprisonment:
Where the maximum term of imprisonment—
The period shall not exceed—
does not exceed six months the maximum term of imprisonment exceeds six months but does not exceed one year six months exceeds one year but does not exceed two years one year exceeds two years half of the maximum term of imprisonment;
(ii) if the offence is not punishable with imprisonment:
Where the fine—
The period shall not exceed—
does not exceed five hundred ringgit one month exceeding five hundred ringgit but does not exceed one thousand ringgit six months exceeding one thousand ringgit but does not one year
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Where the fine—
The period shall not exceed—
exceed five thousand ringgit exceeds five thousand ringgit three years;
(d) (Omitted);
(e) the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
(f) if, before the expiration of the time of imprisonment fixed in default of payment, such a proportion of the fine is paid or levied that the time of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate;
(g) the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if under the sentence the offender is liable to imprisonment for a longer period than six years then at any time previous to the expiration of that period, and the death of the offender does not discharge from the liability any property which would after his death be legally liable for his debts.
(2) A warrant for the levy of a fine may be executed at any place in Malaysia, but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or by a First Class Magistrate having jurisdiction in the State in which it is to be executed.
Suspension of execution in certain cases
284. When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine and the Court issues a
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Warrant by whom issuable
285. Every warrant for the execution of any sentence may be issued either by the Judge or Magistrate who passed the sentence or by his successor or other Judge or Magistrate acting in his place.
Place for executing sentence of whipping
286. When the accused is sentenced to whipping only the sentence shall be executed at such place and time as the Court may direct.
Time of executing such sentence
287. (1) When the accused is sentenced to whipping in addition to imprisonment the whipping shall not be inflicted until after the expiration of seven days from the date of the sentence or, if the imprisonment extends to fourteen days until after the expiration of fourteen days from the date of the sentence, or if an appeal is made within that time until the sentence is confirmed by the appellate court.
(2) The whipping shall be inflicted as soon as practicable after the expiration of the seven days or the fourteen days, as the case may be, or in case of an appeal as soon as practicable after the receipt of the order of the appellate court confirming the sentence.
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Mode of executing such sentence
288. (1) When the accused is sentenced to whipping the number of strokes shall be specified in the sentence. In no case shall the whipping exceed twenty-four strokes in the case of an adult or ten strokes in the case of a youthful offender, anything in any written law to the contrary notwithstanding.
(2) Whipping shall be inflicted on such part of the person as the
Minister charged with responsibility for public order from time to time generally directs.
(3) The rattan used for whipping shall be not more than half an inch in diameter.
(4) In the case of an accused sentenced to whipping for an offence under section 403, 404, 406, 407, 408, 409 or 420 of the Penal Code, or a youthful offender, whipping shall be inflicted in the way of school discipline with a light rattan.
(5) When a person is convicted at one trial of any two or more distinct offences any two or more of which are legally punishable by whipping, the combined sentences of whipping awarded by the Court for any such offences shall not, anything in any written law to the contrary notwithstanding, exceed a total number of twenty-four strokes in the case of adults and ten strokes in the case of youthful offenders.
Sentence of whipping forbidden in certain cases
289. No sentence of whipping shall be executed by instalments, and none of the following persons shall be punishable with whipping:
(a) females;
(b) males sentenced to death;
(c) males whom the Court considers to be more than fifty years of age, except males sentenced to whipping under section 376, 377C, 377CA or 377E of the Penal Code.
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Medical Officer’s certificate required
290. (1) The punishment of whipping shall not be inflicted unless a
Medical Officer is present and certifies that the offender is in a fit state of health to undergo such punishment.
(2) If, during the execution of a sentence of whipping, a Medical
Officer certifies that the offender is not in a fit state of health to undergo the remainder of the sentence the whipping shall be finally stopped.
(3) Where whipping is inflicted under section 293 a Medical Officer need not be present, but such whipping shall not be inflicted unless it appears to the Court that the offender is in a fit state of health to undergo the same.
Procedure if whipping cannot be inflicted
291. (1) In any case in which under section 290 a sentence of whipping is wholly or partially prevented from being executed the offender shall be kept in custody till the Court which passed the sentence can revise it, and the said Court may in its discretion either remit the sentence or sentence the offender instead of whipping, or instead of so much of the sentence of whipping as was not executed, to imprisonment for a term which may extend to twenty-four months, which may be in addition to any other punishment to which he has been sentenced for the same offence.
(2) Nothing in this section shall be deemed to authorize any Court to inflict imprisonment for a term exceeding that to which the accused is liable by law or which the said Court is competent to inflict.
Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
292. (1) When a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced to imprisonment, such imprisonment shall commence either immediately or at the expiration
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of the imprisonment to which he has been previously sentenced, as the
Court awarding the sentence may direct.
(2) A sentence of death shall be executed notwithstanding the pendency of any sentence of imprisonment.
(3) Nothing in subsection (1) shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.
Youthful offenders
293. (1) When any youthful offender is convicted before any criminal
Court of any offence punishable by fine or imprisonment, the Court may, instead of awarding any term of imprisonment in default of payment of the fine or passing a sentence of imprisonment—
(a) order the offender to be discharged after due admonition if the Court shall think fit;
(b) order the offender to be delivered to his parent or to his guardian or nearest adult relative or to such other person as the Court shall designate on such parent, guardian, relative or other person executing a bond with or without surety or sureties, as the Court may require, that he will be responsible for the good behaviour of the offender for any period not exceeding twelve months or without requiring any person to enter into any bond make an order in respect of the offender ordering him to be of good behaviour for any period not exceeding two years and containing any directions to that offender in the nature of the conditions referred to in paragraphs 294A(a), (b) and (c) which the Court shall think fit to give;
(c) order the offender, if a male, to be whipped with not more than ten strokes of a light cane or rattan within the Court premises and in the presence, if he desires to be present, of the parent or guardian of that offender;
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(d) deal with the offender in the manner provided by the Child
Act 2001 [Act 611]; or
(e) (i) to make an order requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the
Court;
(ii) in this paragraph, “community service” means any work, service or course of instruction for the betterment of the public at large and includes, any work performed which involves payment to the prison or local authority; and
(iii) the community service under this paragraph shall be under the Minister charged with the responsibility for women, family and community.
(2) (Deleted by Act A1274).
(3) When any order has been made under paragraph (1)(b) and the
Court has reason to believe that the behaviour of the offender during the period specified in the order is not good or that the offender has not complied with any direction included in the order the Court may issue a notice addressed to the offender and to the parent, guardian, relative or other person to whom the offender has been delivered or under whose supervision the offender has been ordered to remain to show cause why that offender should not be dealt with under paragraph (1)(d) and if cause is not shown to the satisfaction of the Court, the Court may cancel the order made under the said paragraph (1)(b) and substitute for it as from the date of the cancellation an order under the Child Act 2001, and may if necessary issue a warrant for the apprehension of that offender so that effect may be given to the order.
First offenders
294. (1) When any person has been convicted of any offence before any Court if it appears to the Court that regard being had to the character, antecedents, age, health or mental condition of the offender
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or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed it is expedient that the offender be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties and during such period as the Court may direct to appear and receive judgment if and when called upon and in the meantime to keep the peace and be of good behaviour.
(2) The Court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution or some portion of the same within that period and by such instalments as may be directed by the Court.
Section 432 shall be applicable to any direction made under this subsection.
(3) If a Court having power to deal with the offender in respect of his original offence, or any Court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.
(4) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate, and the Magistrate may either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence, or may admit him to bail with a sufficient surety conditioned on his appearing for judgment.
(5) The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the
Court before which he was bound to appear for judgment or to answer as to his conduct since his release.
(6) This section shall not apply—
(a) if the offender is charged with a serious offence; or
(b) if the offender is charged with the commission of an act of domestic violence as defined under section 2 of the
Domestic Violence Act 1994.
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Conditions of bonds
294A. When any person is required by any Court to execute a bond with or without sureties and in such bond the person executing it binds himself to keep the peace or binds himself to be of good behaviour the
Court may require that there be included in the bond one or more of the following conditions namely:
(a) a condition that the person shall remain under the supervision of some other person named in the bond during such period as may be specified in it;
(b) such conditions for securing the supervision as the Court may think it desirable to impose;
(c) such conditions with respect to residence, employment, associations, abstention from intoxicating liquors or with respect to any other matter whatsoever as the Court may think it desirable to impose.
Sentence of police supervision
295. (1) When a person having previously been convicted of an offence punishable with imprisonment for a term of two years or upwards is convicted of any other offence also punishable with imprisonment for a term of two years or upwards—
(a) the High Court or a Sessions Court may direct that he be subject to the supervision of the police for a period of not more than three years commencing immediately after the expiration of the sentence passed on him for the last of such offences;
(b) a Magistrate’s Court may direct that he be subject to the supervision of the police for a period of not more than one year commencing immediately after the expiration of the sentence passed on him for the last of such offences.
(1A) When a person is convicted of an offence under section 376,
377C, 377CA or 377E of the Penal Code before any Court, whether or not he has previously been convicted of any offence, the Court shall
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direct that he be subject to the supervision of the police for a period of not less than one year and not more than three years commencing immediately after the expiration of the sentence passed on him.
(2) When any person subject to the supervision of the police is, while still subject to such supervision, sentenced to a term of imprisonment within Malaysia any term spent in prison shall be excluded from the period of supervision.
Rehabilitative counseling
295A. (1) The Court may in addition to the order made under subsection 295(1A) order a period of rehabilitative counseling for the accused person within the period of his detention.
(2) The rehabilitative counseling shall be under the Minister charged with the responsibility for prisons.
Obligations of persons subject to supervision
296. (1) Every person subject to the supervision of the police who is at large within Malaysia shall—
(a) notify the place of his residence to the Officer in charge of the Police District in which his residence is situated;
(b) whenever he changes his residence within the same Police
District notify such change of residence to the Officer in charge of the Police District;
(c) whenever he changes his residence from one Police District to another notify such change of residence to the Officer in charge of the Police District which he is leaving and to the Officer in charge of the Police District into which he goes to reside;
(d) whenever he changes his residence to a place beyond the limits of Malaysia notify such change of residence and the place to which he is going to reside to the Officer in charge of the Police District which he is leaving;
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(e) if having changed his residence to a place beyond the limits of
Malaysia he subsequently returns to Malaysia notify such return and his place of residence in Malaysia to the Officer in charge of the Police District in which his residence is situated.
(2) Every person subject to the supervision of the police, if a male, shall once in each month report himself at such time as is prescribed by the Chief Police Officer of the State in which he resides either to the
Chief Police Officer himself or to such other person as that officer directs, and the Chief Police Officer or other person may upon each occasion of such report being made take or cause to be taken the finger prints of the person so reporting.
Penalty for non-compliance with section 296
297. If any person subject to the supervision of the police who is at large within Malaysia—
(a) remains in any place for forty-eight hours without notifying the place of his residence to the Officer in charge of the
Police District in which the place is situated;
(b) fails to comply with the requisitions of section 296 on the occasion of any change of residence;
(c) fails to comply with the requisitions of section 296 as to reporting himself once in each month, he shall in every such case unless he proves to the satisfaction of the
Court before which he is tried that he did his best to act in conformity with the law be liable to imprisonment for one year.
298. (Deleted by Act A1274).
Return of warrant
299. When a sentence has been fully executed the officer executing it shall return the warrant to the Court from which it issued with an
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endorsement under his hand certifying the manner in which the sentence has been executed.
CHAPTER XXVIII
SUSPENSIONS, REMISSIONS AND COMMUTATIONS
OF SENTENCES
Power to suspend or remit sentence
300. (1) When any person has been sentenced to punishment for an offence the Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed or in which the conviction was had may at any time, without conditions, or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to a Ruler for the suspension or remission of a sentence the Ruler may require the convicting Judge or Magistrate to state his opinion as to whether the application should be granted or refused and the Judge or Magistrate shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Ruler by whom it was granted, not fulfilled, the Ruler may cancel the suspension or remission; whereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer without warrant and remanded by a Magistrate to undergo the unexpired portion of the sentence.
(4) Nothing herein contained shall be deemed to interfere with the right of the Ruler of any State to grant pardons, reprieves, respites or remissions of punishment.
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Power to commute punishment
301. The Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed may, without the consent of the person sentenced, commute any one of the following sentences for any other mentioned after it:
(a) death;
(b) imprisonment;
(c) fine.
CHAPTER XXIX
PREVIOUS ACQUITTALS OR CONVICTIONS
Person once convicted or acquitted not to be tried again for same offence
302. (1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 166 or for which he might have been convicted under section 167.
(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection 165(1).
(3) A person convicted of any offence constituted by any act causing consequences which, together with that act, constituted a different offence from that of which he was convicted, may be afterwards tried for that last-mentioned offence, if the consequences had not happened or were not known to the Court to have happened at the time when he was convicted.
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(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding the acquittal or conviction, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged.
(5) The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section.
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged upon the same facts with theft as a servant, or with theft simply, or with criminal breach of trust.
(b) A is tried upon a charge of murder and acquitted. There is no charge of robbery but it appears from the facts that A committed robbery at the time when the murder was committed; he may afterwards be charged with and tried for robbery.
(c) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.
(d) A is tried and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.
(e) A is charged and convicted of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within subsection (3) of this section.
Plea of previous acquittal or conviction
303. (1) The plea of a previous acquittal or conviction may be pleaded either orally or in writing, and may be in the following form or to the following effect—
The defendant says that by virtue of section 302 of the Criminal
Procedure Code he is not liable to be tried.
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(2)
Such plea may be pleaded together with any other plea, but the issue raised by the plea shall be tried and disposed of before the issues raised by the other pleas are tried.
(3)
On the trial in the High Court of an issue on a plea of a previous acquittal or conviction the depositions transmitted to the Court on the former trial, together with the notes of the Judge if available, and the depositions transmitted to the Court on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
PART VII
APPEAL AND REVISION
CHAPTER XXX
APPEALS TO THE HIGH COURT
Appeals from Sessions Courts
303A. Any reference in this Chapter to a Magistrate and a Magistrate’s
Court shall be deemed to include a reference to a Sessions Court Judge, or a Sessions Court, as the case may be; and the expressions
“Magistrate” and “Magistrate’s Court” shall be construed accordingly.
Cases in which no appeal lies
304. No appeal shall lie from a judgment, sentence or order of a
Magistrate in the case of any offence punishable with fine only not exceeding twenty-five ringgit.
When plea of guilty limited right of appeal
305. When an accused person has pleaded guilty and been convicted by a Magistrate on that plea, there shall be no appeal except as to the extent or legality of the sentence.
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Appeal against acquittal
306. When an accused person has been acquitted by a Magistrate there shall be no appeal except by, or with the sanction in writing of, the
Public Prosecutor.
Procedure for appeal
307. (1) Except in any case to which section 304 applies and subject to sections 305 and 306 any person who is dissatisfied with any judgment, sentence or order pronounced by any Magistrate’s Court in a criminal case or matter to which he is a party may prefer an appeal to the High Court against that judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence by lodging, within fourteen days from the time of the judgment, sentence or order being passed or made, with the clerk of the Magistrate’s Court a notice of appeal in triplicate addressed to the High Court and by paying at the same time the prescribed appeal fee.
(2) Every notice of appeal shall contain a postal address or an electronic address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate.
(3) When a notice of appeal has been lodged, the Court appealed from shall make a signed copy of the grounds of decision in the case and cause the said copy to be served upon the appellant or his advocate—
(a) by leaving it at the postal address of the appellant or his advocate;
(b) by posting it by registered post addressed at the postal address of the appellant or his advocate; or
(c) by sending it to the electronic address of the appellant or his advocate, mentioned in the notice of appeal.
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(3A) The signed copy of the grounds of decision which is sent by electronic means referred to in paragraph (3)(c) shall be deemed to have been served and delivered upon sending the said copy to the appellant’s or his advocate’s electronic address.
(4) Within fourteen days after the copy of the grounds of decision has been served as provided in subsection (3), the appellant shall lodge with the clerk of the Magistrate’s Court at which the trial was held a petition of appeal in triplicate addressed to the High Court.
(5) If the appellant within the period provided in subsection (1) for lodging his notice of appeal has applied for a copy of the notes of the evidence recorded by the Magistrate at his trial he shall lodge his petition of appeal as provided in subsection (4)—
(a) within the period provided by such subsection; or
(b) within a period of fourteen days from the date when a notice is served at his postal address or electronic address specified in subsection (2) that a copy of the notes of evidence can be had free of charge, whichever period shall be the longer.
(6) Every petition of appeal shall state shortly the substance of the judgment appealed against and shall contain definite particulars of the points of law or of fact in regard to which the Court appealed from is alleged to have erred.
(7) (a) If the appellant is in prison he shall be deemed to have complied with the requirements of this section if he gives to the officer in charge of the prison either orally or in writing notice of appeal and the particulars required to be included in the petition of appeal within the times prescribed by this section and pays the prescribed appeal fee.
(b) Such officer shall immediately forward the notice and petition or the purport thereof together with the appeal fee to the clerk of the
Magistrate’s Court at which the trial was held.
(8) In the case of an appeal by the Public Prosecutor no fee shall be payable.
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(9) If a petition of appeal is not lodged within the time prescribed by this section the appeal shall be deemed to have been withdrawn and the trial Court shall enforce its sentence or order if any stay of execution has been granted, but nothing herein contained shall be deemed to limit or restrict the powers conferred upon a Judge by section 310.
Transmission of appeal record
308. When the appellant has complied with section 307 the Court appealed from shall transmit to the High Court and to the Public
Prosecutor and to the advocate for the appellant a signed copy of the record of the proceedings and of the grounds of the decision together with a copy of the notice and of the petition of appeal.
309. (Deleted by Act 25 of 1967).
Appeal specially allowed in certain cases
310. A Judge may, on the application of any person desirous of appealing who may be debarred from so doing upon the ground of his not having observed some formality or some requirement of this Code, permit an appeal upon such terms and with such directions to the
Magistrate and to the parties as the Judge shall consider desirable, in order that substantial justice may be done in the matter.
Stay of execution pending appeal
311. Except in the case of a sentence of whipping (the execution of which shall be stayed pending appeal), no appeal shall operate as a stay of execution, but the Court below or a Judge may stay execution on any judgment, order, conviction or sentence pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the
Court below or to the Judge may seem reasonable.
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Setting down appeal on list
312. (1) If the Judge does not reject the appeal summarily he shall hand the documents mentioned in section 308 to the
Registrar, who shall number the appeal and enter it on the list of appeals to be heard and give notice to the parties that the appeal has been so entered.
(2) As soon as a date has been fixed the Registrar shall give to the parties notice of the date of hearing of the appeal.
(3) In any case a Judge may, of his own motion or on the application of a party concerned and with reasonable notice to the parties, accelerate or postpone the hearing of an appeal.
Procedure at hearing
313. (1) When the appeal comes on for hearing the appellant, if present, shall be first heard in support of the appeal, the respondent, if present, shall be heard against it, and the appellant shall be entitled to reply.
(2) If the appellant does not appear to support his appeal the
Court may consider his appeal and may make such order thereon as it thinks fit:
Provided that the Court may refuse to consider the appeal or to make any such order in the case of an appellant who is out of the jurisdiction or who does not appear personally before the Court in pursuance of a condition upon which he was admitted to bail, except on such terms as it thinks fit to impose.
Non-appearance of respondent
314. (1) If, at the hearing of the appeal, the respondent is not present and the Court is not satisfied that the notice of appeal was duly served upon him, then the Court shall not make any order in the matter of the appeal adverse to or to the prejudice of the respondent, but shall adjourn
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the hearing of the appeal to a future day for his appearance, and shall issue the requisite notice to him for service through the Registrar.
(2) If the service of the last-mentioned notice cannot be effected on the respondent the Court shall proceed to hear the appeal in his absence.
Arrest of respondent in certain cases
315. When an appeal is presented against an acquittal a Judge may issue a warrant directing that the accused be arrested and brought before him, and may commit him to prison pending the disposal of the appeal or admit him to bail.
Decision on appeal
316. At the hearing of the appeal the Judge may, if he considers there is no sufficient ground for interfering, dismiss the appeal, or may—
(a) in an appeal from an order of acquittal, reverse the order, and direct that further inquiry be made, or that the accused be retried, as the case may be, or find him guilty and pass sentence on him according to law;
(b) in an appeal from a conviction or in an appeal as to sentence—
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be retried; or
(ii) alter the finding, maintaining the sentence, or with or without altering the finding reduce or enhance the sentence or alter the nature of the sentence;
(c) in an appeal from any other order, alter or reverse such order.
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Order to take further evidence
317. (1) In dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate.
(2) When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal.
(3) Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken.
(4) The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.
Judgment
318. On the termination of the hearing of the appeal the Judge shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court.
Certificate and consequence of judgment
319. (1) Whenever a case is decided on appeal by a Judge under this
Chapter he shall certify his judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.
(2) Whenever an appeal is not dismissed such certificate shall state the grounds upon which the appeal was allowed or the decision of the
Magistrate’s Court was varied.
(3) The Court to which a Judge certifies his judgment or order shall thereupon make such orders as are conformable to the judgment or order of the Judge and, if necessary, the record shall be amended in accordance therewith.
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Death of parties to appeal
320. Every appeal under section 306 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal against a sentence of fine) shall finally abate on the death of the appellant.
321. (Deleted by Act 25 of 1967).
Costs
322. (1) Subject to the following subsections, in all proceedings under this and the following Chapter a Judge shall have power to award such costs as he may deem fit to be paid by the complainant to the accused or by the accused to the complainant:
Provided that no costs whatsoever shall be awarded in any proceedings brought against an order of acquittal.
(2) Such costs shall be assessed by the Judge at the time when he gives his decision.
(3) No costs shall in any case be awarded either against or in favour of the Public Prosecutor.
CHAPTER XXXI
REVISION
Power to call for records of subordinate Courts
323. (1) A Judge may call for and examine the record of any proceeding before any subordinate criminal Court for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that subordinate Court.
(2) Orders made under sections 97 and 98 are not proceedings within the meaning of this section.
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Power to order further inquiry
324. (1) On examining any record under section 323 or otherwise, a
Judge may direct the Magistrate to make, and the Magistrate shall make, further inquiry into any complaint which has been dismissed under section 135, or into the case of any accused person who has been discharged.
(2) Section 303A shall apply for the construction of subsection (1).
Powers of Judge on revision
325. (1) A Judge may, in any case the record of the proceedings of which has been called for by himself or which otherwise comes to his knowledge, in his discretion, exercise any of the powers conferred by sections 311, 315, 316 and 317 of this Code.
(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by advocate, in his own defence.
(3) Nothing in this section shall be deemed to authorize a Judge to convert a finding of acquittal into one of conviction.
Permission for parties to appear
326. No party has any right to be heard, either personally or by advocate, before a Judge when exercising his powers of revision:
Provided that the Judge may, if he thinks fit, when exercising such powers hear any party, either personally or by advocate, and that nothing in this section shall be deemed to affect subsection 325(2).
Orders on revision
327. When a case is revised under this Chapter by a Judge he shall certify his decision or order to the Court by which the finding, sentence or order revised was recorded or passed stating,
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where the finding, sentence or order has been varied, the grounds for such variation; and the Court to which the decision or order is so certified shall then make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.
PART VIII
SPECIAL PROCEEDINGS
*CHAPTER XXXII
INQUIRIES OF DEATHS
Meaning of “cause of death”
328. In this Chapter the words “cause of death” include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
Duty of police officer to investigate death
329. (1) Every officer in charge of a police station on receiving information—
(a) that a person has committed suicide;
(b) that a person has been killed by another, or by an animal, or by machinery, or by an accident;
(c) that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence;
*NOTE—Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code—see L.N. 198/1952.
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(d) that the body of a dead person has been found, and it is not known how he came by his death; or
(e) that a person has died a sudden death, shall with the least practical delay transmit such information to the
Officer in charge of the Police District.
(2) On receipt of the information the Officer in charge of the Police
District or some other police officer acting under his directions and being either the officer in charge of a police station or a police officer not below the rank of sergeant shall immediately proceed to the place where the body of the deceased person is and there shall make an investigation and draw up report of the apparent cause of death, describing the wounds, fractures, bruises and other marks of injury as may be found on the body, and such marks, objects and circumstances as, in his opinion, may relate to the cause of death or the person, if any, who caused the death, and stating in what manner or by what weapon or instrument, if any, the marks appear to have been inflicted.
(3) Every police officer making an investigation under this section into the cause of any death, may exercise any or all of the special powers in relation to police investigations in seizable cases conferred on the police officer by Chapter XIII and sections 112, 113 and 114
shall apply to statements made by persons examined in the course of the investigation.
(4) The report shall be signed by the police officer by whom it was drawn up, and where the report was not drawn up by the Officer in charge of the Police District it shall immediately be forwarded to him.
(5) The Officer in charge of the Police District shall immediately forward that report to the Magistrate within the local limits of whose jurisdiction the body of the deceased was found.
(6) When the information given under subsection (1) is of such a nature that, though it affords reasonable ground for believing that a death has occurred, it is unlikely that the body of such deceased person can be found owing to its destruction by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, the officer referred to in subsection (2) shall nevertheless make an
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investigation and draw up a report, and forward the report to the nearest
Magistrate who shall proceed in reference to the report as in the case of a report forwarded under subsection (5).
Duty of officer to arrange for post-mortem examination in certain cases
330. Every officer making an investigation under section 329 shall if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence or that his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest *Government Medical Officer and, unless it appears to him that the body should be viewed by a Magistrate in situ, shall take or send the body to the nearest Government hospital or other convenient place for the holding of a post-mortem examination of the body by a
Government Medical Officer:
Provided that if that officer is satisfied as to the cause of death and that the deceased came by his death by accident he may order the body to be buried immediately.
Post-mortem examination of body
331. (1) Upon receiving the information referred to in section 330 a
Government Medical Officer shall, as soon as practicable, make a post-mortem examination of the body of the deceased.
(2) The Medical Officer, if it is necessary in order to ascertain the cause of death, shall extend the examination to the dissection of the body and an analysis of any portion of it, and may cause any portion of it to be transmitted to the Institute for Medical Research.
Report of Government Medical Officer
332. (1) The Medical Officer making any such examination shall draw up a report of the appearance of the body and of the conclusions
*NOTE—Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code—see L.N. 198/1952.
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(2) The report of the Medical Officer and also the report of an officer of the Institute for Medical Research on anything transmitted to him under subsection 331(2) shall be admissible as evidence and shall be prima facie evidence of the facts stated in it at any inquiry held under this Chapter.
Duty of Magistrate on receipt of report
333. (1) If the Magistrate shall be satisfied as to the cause of death without holding an inquiry under this Chapter, he shall report to the
Public Prosecutor the cause of death as ascertained to his satisfaction with his reasons for being so satisfied and shall at the same time transmit to the Public Prosecutor all reports and documents in his possession connected with the matter.
(2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.
(3) It shall not be necessary for the Magistrate to hold any inquiry under this Chapter or to make any report under subsection (1) if any criminal proceedings have been instituted against any person in respect of any act connected with the death of the deceased or such hurt as caused the death.
Inquiry into cause of death of a person in custody of police or in any asylum
334. When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
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Powers of Magistrate
335. (1) A Magistrate holding an inquiry under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.
(2) A Magistrate holding an inquiry under this Chapter if he considers it expedient that the body of the deceased person should be examined by a Medical Officer in order to discover the cause of death may, whether a post-mortem examination has been made under section 331 or not, issue his order to a Medical
Officer to make a post-mortem examination of the body, and may for that purpose order the body to be exhumed.
Magistrate may view body
336. It shall not be necessary for a Magistrate holding an inquiry to view the body of the deceased, but the Magistrate may if he considers it expedient view the body, and may for that purpose cause the body to be exhumed.
Inquiries to be made by Magistrate
337. A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.
Evidence and finding to be recorded
338. (1) The Magistrate holding an inquiry under this Chapter shall record the evidence and his finding thereon and shall immediately transmit to the Public Prosecutor the original of such evidence and finding duly authenticated by his signature or a copy of such evidence and finding certified under his hand as correct.
(2) The place in which any inquiry of death under this Chapter is held shall be a place open to the public. But a Magistrate conducting an inquiry of death may, on special grounds of public policy or expediency, in his discretion, exclude the public or any person or
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Power of Public Prosecutor to require inquiry to be held
339. (1) The Public Prosecutor may at any time direct a Magistrate to hold an inquiry under this Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 329 and 334, and the Magistrate to whom such direction is given shall then proceed to hold an inquiry and shall record his finding as to the cause of death and also as to any of the circumstances connected with it with regard to which the Public Prosecutor may have directed him to make inquiry.
(2) When the proceedings at any inquiry under this Chapter have been closed and it appears to the Public Prosecutor that further investigation is necessary, the Public Prosecutor may direct the
Magistrate to reopen the inquiry and to make further investigation, and thereupon the Magistrate shall have full power to reopen the inquiry and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquiry had not been closed:
Provided that this subsection shall not apply to any inquiry at which a finding of murder or culpable homicide not amounting to murder has been returned against any person.
(3) When giving any direction under this section the Public Prosecutor may also direct whether the body shall or shall not be exhumed.
(4) All directions given under this section shall be complied with by the
Magistrate to whom they are addressed without unnecessary delay.
Admissibility of medical report in certain cases
340. (1) Where on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from
Malaysia, it shall be lawful to receive any report of that Medical Officer
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made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.
(2)
Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.
Custody of proceedings
341. The Public Prosecutor shall from time to time cause to be delivered to the Registrar all proceedings transmitted to him under this
Chapter, and thereupon the Registrar shall take charge of those proceedings and shall keep a proper index of them.
Power to revise
341A. Chapter XXXI shall also apply to all proceedings under this
Chapter.
CHAPTER XXXIII
PERSONS OF UNSOUND MIND
Procedure where accused is suspected to be of unsound mind
342. (1) When a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness.
(2) At the investigation it shall not be necessary for the accused person to be present and the Judge or Magistrate may receive as evidence a certificate in writing signed by a Medical Officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a psychiatric hospital, or the Judge or Magistrate may, if he sees fit take oral evidence from a
Medical Officer on the state of mind of the accused person.
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(3) If not satisfied that the person is capable of making his defence, the Judge or Magistrate shall postpone the trial and shall remand that person for a period not exceeding one month to be detained for observation in any psychiatric hospital in Malaysia.
(4) The Medical Director of the said psychiatric hospital shall keep that person under observation during the period of his remand and before the expiry of that period shall certify under his hand to the Court his opinion as to the state of mind of that person, and if he is unable within the period to form any definite conclusion, shall so certify to the
Court and shall ask for a further remand. Such further remand may extend to a period of two months.
(5) The Public Prosecutor may at any stage of any proceedings prior to the trial order that any accused person whom he suspects to be of unsound mind be sent to a psychiatric hospital for observation for a period not exceeding one month. The Medical Director of that psychiatric hospital shall keep that person under observation during the said period and before the expiry of the said period shall certify under his hand to the Public Prosecutor his opinion as to the state of mind of that person. If the said Medical Director is unable within the said period to form any definite conclusion he shall so certify to the Public Prosecutor, and the Public Prosecutor may order that person to be detained in that psychiatric hospital for a further period not exceeding two months. The Medical Director of a psychiatric hospital may, notwithstanding anything in the
*Mental Health Act 2001 [Act 615] contained, detain any accused person in respect of whom an order has been made under this subsection for a period not exceeding the period specified in the order.
Certificate of Medical Director
343. (1) If the Medical Director shall certify that the accused person is of sound mind and capable of making his defence the Judge or
Magistrate shall proceed with the trial.
*NOTE—Mental Disorders Ordinance 1952 [Ord. 31/1952] has been repealed by the Mental Health Act 2001 [Act 615], w.e.f. 15 June 2010.
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(2) If the Medical Director shall certify that that person is of unsound mind and incapable of making his defence the Court shall, if satisfied of the fact, find accordingly, and thereupon the trial shall be postponed.
(3) The certificate of the Medical Director shall be receivable as evidence under this section.
(4) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in Court during proceedings under this section.
Release of person of unsound mind pending investigation or trial
344. (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or
Magistrate or such officer as the Judge or Magistrate appoints in that behalf.
(2) If the offence charged is not bailable or if sufficient security is not given the Judge or Magistrate shall report the case to the
Yang di-Pertuan Agong in respect of the Federal Territory, the
Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State in which the trial is held and *the Ruler may, in his discretion, order the accused to be confined in a psychiatric hospital, and the Judge or Magistrate shall give effect to such order.
(3) Pending the order of the Ruler the accused may be committed to a psychiatric hospital for safe custody.
*NOTE—Throughout this Chapter, references to “the Ruler” shall be construed as “the Yang di-Pertuan
Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State”—see subparagraph 2(ii) of the Criminal Procedure Code (Amendment)
Act 1976 [Act A365].
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Resumption of trial
345. When the accused has been released under section 344 the Court may at any time require the accused to appear or be brought before it and may again proceed under section 342.
346. (Deleted by Act A908).
Judgment of acquittal on ground of mental disorder
347. Whenever any person is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
Safe custody of person acquitted
348. (1) Whenever the finding states that the accused person committed the act alleged, the Court before which the trial has been held shall, if that act would, but for incapacity found, have constituted an offence, order that person to be kept in safe custody in such place and manner as the Court thinks fit and shall report the case for the orders of the Ruler of the State in which the trial is held:
Provided that if the Court concerned is a Magistrate’s Court, the
Magistrate may in his discretion, if he considers that the offence charged is not of a serious nature and that that person can safely be released without danger of his doing injury to himself or any other person, caution and discharge him.
(2) The Ruler may order that person to be confined in a psychiatric hospital during the pleasure of the Ruler of the State.
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Procedure where prisoner of unsound mind is reported able to make his defence
349. When any person is confined under section 344 in a psychiatric hospital, and the Visitors and Medical Director jointly certify that in their opinion that person is capable of making his defence, he shall be taken before a Judge or Magistrate, as the case may be, at such time as the Judge or Magistrate appoints, and the Judge or Magistrate shall proceed with the trial and the aforesaid certificate of the Visitors and
Medical Director shall be receivable as evidence.
Procedure where person of unsound mind is reported fit for discharge
350. When any person is confined under section 348 in a psychiatric hospital, and the Visitors and Medical Director thereof shall jointly certify that in their judgment that person may be safely discharged without danger of his doing injury to himself or any other person, the
Ruler may thereupon order that person to be discharged from such psychiatric hospital.
Delivery of person of unsound mind to care of relative
351. (1) Whenever any relative or friend of any person confined in a psychiatric hospital under section 344 or 348 makes application that that person be delivered over to his care or custody and gives security to the satisfaction of the Ruler that that person shall be properly taken care of and shall be prevented from doing injury to himself or any other person, the Ruler may in his discretion, after consulting the Visitors and the Medical Director of that psychiatric hospital, order that person to be delivered to that relative or friend:
Provided that if the person is confined under section 344, the Ruler may further require the relative or friend to give security to the satisfaction of the Ruler that if at any time it shall appear to the Ruler that that person is capable of making his defence, that relative or friend shall produce that person for trial.
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(2)
Whenever such person is so delivered it shall be on condition that he shall be produced for the inspection of such officer and at such times as the Ruler directs.
Interpretation of “psychiatric hospital” and “Visitors”
352. In this Chapter—
(a) “psychiatric hospital” means an approved psychiatric hospital established under the Mental Health Act 2001; and
(b) “Visitor” means the members of the Board of Visitors appointed under section 38 of the Mental Health Act 2001 and for the time being acting under section 40 of that Act.
352A. (Deleted by Act A1132).
CHAPTER XXXIV
PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING
THE ADMINISTRATION OF JUSTICE
Procedure as to offences committed in Court
353. When any such offence as is described in section 175, 178, 179, 180
or 228 of the Penal Code is committed in the view or presence of any
Magistrate’s Court, whether civil or criminal, the Court may cause the offender to be detained in custody and at any time before the rising of the
Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to a fine not exceeding fifty ringgit and in default of payment, to imprisonment for a term which may extend to two months.
Record of facts constituting the offence
354. (1) In every such case the Court shall record the facts constituting the offence, with the statement, if any, made by the offender as well as the finding and sentence.
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(2) If the offence is an offence punishable under section 228 of the
Penal Code the record must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
Alternative procedure
355. If the Court, in any case, considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence, may be better dealt with by ordinary process of law, the Court, after recording the facts constituting the offence and the statement of the accused as provided in section 354, may direct the accused to be prosecuted, and may require security to be given for the appearance of the accused person before a Magistrate or, if sufficient security is not given, may forward that person, under custody, to a Magistrate.
Power to remit punishment
356. When any Court has, under section 353, adjudged an offender to punishment for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the
Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of the Court or on apology being made to its satisfaction.
Refusal to give evidence
357. If any witness before a Magistrate’s Court refuses to answer such questions as are put to him or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, that Court may, for reasons to be recorded in writing, sentence him to imprisonment for any term not exceeding seven days, unless in the meantime that person consents to be examined and to answer or to produce the document. In the event of his persisting in his refusal he may be dealt with according to section 353 or 355 notwithstanding any sentence he may have undergone under this section.
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Appeal
358. (1) Any person sentenced by any lower Court under this Chapter may appeal to the High Court.
(2) Chapter XXX shall, so far as they are applicable, apply to appeals under this section, and the appellate court may alter or reverse the finding or reduce, alter or reverse the sentence appealed against.
(3) Chapter XXXI shall also apply to all proceedings by a
Magistrate under this Chapter.
Magistrate not to try certain offences committed before himself
359. Except as provided in sections 353 and 357 no Magistrate shall try any person for any offence referred to in section 129 when the offence is committed before himself or in contempt of his authority, or is brought under his notice as such Magistrate in the course of a judicial proceeding.
CHAPTER XXXV
MAINTENANCE OF WIVES AND CHILDREN
360–364. (Deleted by F.M Ord. No. 36 of 1950).
CHAPTER XXXVI
DIRECTIONS OF THE NATURE OF A HABEAS CORPUS
Power of High Court to make certain orders
365. The High Court may whenever it thinks fit direct—
(a) that any person who:
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(i) is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the
Extradition Act 1992 [Act 479]; or
(ii) is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia, be set at liberty;
(b) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law.
Form of application
366. Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to the detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause.
Affidavit, by whom signed
367. The affidavit required by section 366 shall be made by the person detained or alleged to be detained unless it be shown that by reason of restraint or coercion or other sufficient cause he is unable to make it, in which case it shall be made by some other person.
Copy of warrant
368. When an application is made under section 366 to bring up before the Court a person in custody under a warrant to detain that person a copy of the warrant under which he is detained, obtained from and authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and refused.
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Defendant in custody under writ of attachment to be brought before
Court
369. The officer in charge of a defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring the person before the Court to be dealt with according to law, and if he shall fail to do so the
Court shall immediately order the said defendant to be brought before it.
Warrant to be prepared
370. In any case in which the Court shall order a person in custody to be brought before it a warrant in writing shall be prepared and signed by the Registrar and sealed with the seal of the Court.
Service of warrant
371. Such warrant shall unless otherwise ordered be delivered to the applicant or his advocate who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.
Attendance of prisoner in criminal case
372. (1) Whenever the presence of any person detained in a prison situate within Malaysia is required in any criminal Court, that Court may issue a warrant addressed to the officer in charge of the prison requiring the production of that person before the Court in proper custody at a time and place to be named in the warrant.
(2) The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison.
(3) Every such Court may by endorsement on such warrant require the person named in it to be brought up at any time to which the matter in which the person is required is adjourned.
(4) Every warrant shall be sealed with the seal of the Court and signed by the Registrar or Magistrate as the case may be.
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Duty of officer to whom warrant is addressed
373. The officer to whom any warrant is addressed under this Chapter shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from prison for the purpose mentioned in the warrant.
Appeal
374. Any person aggrieved by any decision or direction of the High
Court under this Chapter may appeal to the Federal Court within thirty days from the date of the decision or direction appealed against.
No application to banishment warrant
375. Nothing in this Chapter contained shall apply to any person detained in public custody under the provisions of any law in force for the time being relating to banishment.
PART IX
SUPPLEMENTARY PROVISIONS
CHAPTER XXXVII
THE PUBLIC PROSECUTOR
Public Prosecutor
376. (1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedings under this Code.
(1A) (Deleted by Act A365).
(2) The Solicitor General shall have all powers of a Deputy Public
Prosecutor and shall act as Public Prosecutor in case of the absence or inability to act of the Attorney General.
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(3) The Public Prosecutor may appoint fit and proper persons to be
Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights and powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers expressed to be exercisable by the Public Prosecutor personally and he may designate any of such Deputy Public Prosecutors as Senior Deputy
Public Prosecutors.
(3A) The Public Prosecutor may appoint fit and proper persons to be
Assistant Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and, subject to such limitations or restrictions as may be specified by the Public Prosecutor, shall have all the powers of a Deputy Public Prosecutor.
(4) The rights and powers vested in or exercisable by the Public
Prosecutor by subsections (3) and 68(2) shall be exercisable by the
Public Prosecutor personally.
Conduct of prosecutions in Court
377. Every criminal prosecution before any Court and every inquiry before a Magistrate shall, subject to the following sections, be conducted—
(a) by the Public Prosecutor, a Senior Deputy Public Prosecutor, a Deputy Public Prosecutor or an Assistant Public Prosecutor;
(b) subject to the control and direction of the Public Prosecutor, by the following persons who are authorized in writing by the Public Prosecutor:
(1) an advocate;
(2) a police officer not below the rank of Inspector;
(3) an officer of any Government department;
(4) an officer of any local authority;
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(5) an officer of any statutory authority or body; or
(6) any person employed or retained by any local authority or any statutory authority or body:
provided that in any district in which it may be impracticable, without an unreasonable amount of delay or expense, that such prosecutions or inquiries should be so conducted it shall be lawful for the Public Prosecutor from time to time, by notification in the
Gazette, to direct that prosecutions may be conducted in that district by a police officer below the rank of Inspector.
No one to appear for Public Prosecutor
378. No person shall appear on behalf of the Public Prosecutor on any criminal appeal other than the Public Prosecutor, a Senior Deputy
Public Prosecutor or a Deputy Public Prosecutor.
Employment of advocate
379. With the permission in writing of the Public Prosecutor an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the Public Prosecutor. The advocate shall be paid out of the public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a “public servant”.
Prosecution by private persons
380. Notwithstanding anything in this Chapter contained, any private person may appear in person or by advocate and prosecute for an offence against his own person or property in a non-seizable case in the Court of a Magistrate.
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Sections 377 and 380 to prevail over other laws
380A. Sections 377 and 380 shall prevail notwithstanding any inconsistency with any other written law.
381–386. (Deleted by Act A908).
CHAPTER XXXVIII
BAIL
When person may be released on bail
387. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court and is prepared at any time while in the custody of the officer or at any stage of the proceedings before the Court to give bail, that person shall be released on bail by any police officer in charge of a police station or by any police officer not under the rank of Corporal or by that Court.
(2) The police officer or the Court, if he or it thinks fit, may instead of taking bail from that person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.
When person accused of non-bailable offence may be released on bail
388. (1) When any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court, he may be released on bail by the Officer in charge of the Police District or by that Court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to forty years:
Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.
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(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of that officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) An officer or a Court releasing any person on bail under subsection (1) or (2) shall record in writing the reasons for so doing.
(4) If at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the
Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of the offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) Any Court may at any subsequent stage of any proceeding under this Code cause any person who has been released under this section to be arrested and may commit him to custody.
*Electronic monitoring requirement for person released on bail
388A. (1) Where a Court has decided to release a person on bail under section 387 or 388, the Court may, on its own discretion, order for an electronic monitoring device to be attached to the person.
(2) The Court may, with due regard to the nature of the offence and the circumstances of the case as being sufficient to secure the person’s attendance at his trial, order for an electronic monitoring device to be attached to the person in lieu of the execution of a bond.
(3) The Court shall, before ordering a person to be attached with an electronic monitoring device under subsection (1), give the person and the Public Prosecutor an opportunity to be heard.
*NOTE—Section 388A is not yet in force—see section 17 of the Criminal Procedure Code (Amendment)
Act 2016 [Act A1521].
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(4) The Court shall not make an order for a person to be attached with an electronic monitoring device under subsection (1) if there is a person (other than the person to be monitored) without whose co-operation it will not be practicable to secure the monitoring.
(5) Notwithstanding subsection (1), the Public Prosecutor may apply to the Court for any person to be so released on bail to be attached with an electronic monitoring device.
(6) Where the Public Prosecutor has made an application under subsection (5), the Court shall, with due regard to the nature of the offence and the circumstances of the case, order for the person to be so attached with an electronic monitoring device in lieu of the execution of a bond.
(7) Any person ordered to be attached with an electronic monitoring device under subsection (6) shall sign Form 55 of the
Second Schedule and deposit the Form with the Court.
Amount of bond
389. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested, but shall not be excessive; and a Judge may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a police officer or Court be reduced or increased.
Bond to be executed
390. (1) Before any person is released on bail, or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by that person, and when he is released on bail by one or more sufficient sureties, conditioned that person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
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(2) If the case so requires the bond shall also bind the person released on bail to appear when called upon at the High Court or other
Court to answer the charge.
*Electronic monitoring requirement to be explained
390A. (1) A Court shall, before making an order for compliance with an electronic monitoring requirement, explain to the person to be so ordered—
(a) the terms and conditions as stated in Form 55 of the
Second Schedule;
(b) the consequences which may follow any failure by the person to comply with the electronic monitoring requirement; and
(c) any other conditions as may be imposed by the Court which includes the payment for the maintenance of the device and the time period for the person to be monitored electronically.
(2) A Court shall revoke the bail of any person who willfully fails to comply with the electronic monitoring requirement under subsection (1).
**Requirement for electronic monitoring
390B. (1) When a Court has made an order for any person to comply with an electronic monitoring requirement, the Court shall require the person to co-operate with the specified arrangement for monitoring to enable the person to be monitored by electronic means.
(2) For the purpose of subsection (1), “to co-operate with the specified arrangement for monitoring” includes—
*NOTE—Section 390A is not yet in force—see section 18 of the Criminal Procedure Code (Amendment)
Act 2016 [Act A1521].
**NOTE—Section 390B is not yet in force—see section 8 of the Criminal Procedure Code (Amendment)
(No.2) Act 2012 [Act A1431].
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(a) submitting to procedures required by the arrangement;
(b) wearing or otherwise using devices approved by or in accordance with the arrangement;
(c) maintaining such devices in the specified manner;
(d) complying with directions given by persons carrying out functions for the purposes of those arrangement.
*Electronic monitoring devices
390C. The following devices may be used for the purpose of electronic monitoring:
(a) a device which is—
(i)
attached to a person;
(ii)
either directly or through a device referred to in paragraph (b) or (c), linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(iii) either directly or through a device referred to in paragraph (b) or (c), capable of transmitting to the receiving centre information relating to—
(A) the particular place at which the device is located at a particular time; and
(B) the functioning of the device; and
(iv) capable of detecting any tampering with the device and transmitting to the receiving centre information relating to such tampering;
*NOTE—Section 390C is not yet in force—see section 8 of the Criminal Procedure Code (Amendment)
(No.2) Act 2012 [Act A1431].
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(b) a portable tracking device which is, in conjunction with a device referred to in paragraph (a)—
(i)
linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(ii)
capable of detecting the device referred to in paragraph (a) and transmitting to the receiving centre information relating to particular place at which the devices are located at a particular time;
(iii) capable, where the portable tracking device fails to detect the device referred to in paragraph (a), of transmitting to the receiving centre information relating to such failure; and
(iv) capable of transmitting to the receiving centre information relating to the functioning of the devices; or
(c) a site monitoring device which is—
(i)
linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(ii) in conjunction with a device referred to in paragraph (a), capable of—
(A) detecting the presence or absence of the device referred to in paragraph (a) in or from a particular place at a particular time; and
(B) transmitting to a receiving centre information relating to such presence or absence; and
(iii) capable of transmitting to the receiving centre information relating to the functioning of the device.
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Person to be released
391. (1) As soon as the bond has been executed the person for whose appearance it has been executed shall be released and when he is in prison the Court admitting him to bail shall issue an order of release to the officer in charge of the prison, and that officer, on receipt of the order, shall release him.
(2) Nothing in this section, section 387 or 388 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
When warrant of arrest may be issued against person bailed
392. If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court admitting him to bail may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.
Sureties may apply to have bond discharged
393. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond either wholly or so far as relates to the applicants.
(2) On such application being made the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of the person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged, either wholly or so far as relates to the applicants and shall call upon that person to find other sufficient sureties and if he fails to do so may commit him to custody.
(4) A surety may at any time arrest the person for whose attendance and appearance he is a surety and immediately bring him before a
Magistrate, who shall then discharge that surety’s bond and shall call
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on that person to find other sufficient surety, and if he fails to do so shall commit him to custody.
Appeal
394. Any person aggrieved by any order or refusal of any inferior
Court made under this Chapter may appeal to the High Court, which may confirm, vary or reverse the order of the inferior Court.
CHAPTER XXXIX
SPECIAL PROVISIONS RELATING TO EVIDENCE
Procedure where person able to give material evidence is dangerously ill
395. (1) Whenever it appears to a Magistrate that any person able to give material evidence, either for the prosecution or defence, touching a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law the said Magistrate may take the deposition of that person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take it and of the time and place at which he intends to take it.
(2) If the accused is in custody a Magistrate may order the officer in charge of the prison to convey him to the place, at the time notified, and the said officer shall convey him accordingly.
(3) When it is proved at the trial of the said accused for any offence to which that deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when the same was taken, if it is certified under the hand of the
Magistrate who took it and the contrary is not proved or if it is shown by extrinsic evidence that—
(a) the deponent was at the time of his examination dangerously ill as aforesaid;
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(b) the said deposition was duly taken at the place and time notified; and
(c) reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence, so that he or his advocate might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.
Evidence of persons not called as witness
396. (1) Where it is likely that—
(a) the attendance of a person who is to give evidence cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable; or
(b) a person who is to give evidence may become incapable of giving evidence, the Public Prosecutor may make an oral application to the Court which has jurisdiction to try the case for the production of that person before the Court for the purpose of recording that person’s evidence on oath.
(2) The Court shall, upon such application being made, issue a summons or order for the attendance of the person, if the person is under custody, directed to the person in charge of the place where such person is placed, requiring him to produce the person at the time and place specified in the order.
(3) The Court shall record the evidence of the person and complete such recording within seven days from the date of the production of that person before him.
(4) In the course of recording the evidence of the person under subsection (3), the person shall be examined in accordance with the
Evidence Act 1950.
(5) The Court shall cause the evidence to be reduced into writing.
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(6) Notwithstanding anything contained in this Code or any other written law to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.
Deposition of medical witness
397. The High Court if satisfied that grave inconvenience would otherwise be caused may, if it thinks fit, allow the deposition of a
Government Medical Officer or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial before such Court although the deponent is not called as a witness.
398. (Deleted by Act A908).
Reports of certain persons
399. (1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analyzed by him or any document purporting to be a report under the hand of the Registrar of Criminals upon any matter or thing relating to finger impressions submitted to him for report may be given in evidence in any inquiry, trial or other proceeding under this Code unless that person or Registrar shall be required to attend as a witness—
(a) by the Court; or
(b) by the accused, in which case the accused shall give notice to the Public Prosecutor not less than three clear days before the commencement of the trial:
Provided always that in any case in which the Public Prosecutor intends to give in evidence any such report he shall deliver a copy of it to the accused not less than ten clear days before the commencement of the trial.
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(2) The following are persons to whom the provisions of this section apply:
(a) officers of the Institute for Medical Research;
(b) *Government Medical Officers;
(c) chemists in the employment of any Government in Malaysia or of the Government of Singapore;
(d) any person appointed by the Minister by notification in the
Gazette, to be a Document Examiner;
(e) Inspector of Weights and Measures appointed as such under any written law relating to weights and measures in force in
Malaysia; and
(f) any person or class of persons to whom the Minister by notification in the Gazette declares that the provisions of this section shall apply.
(3) The persons referred to in subsection (2) and the Registrar of
Criminals are by this Code bound to state the truth in reports made under their hands.
Report of Central Bank on currency note or coin
399A. Where in any criminal proceeding it is necessary to decide whether a currency note or coin is or is not forged, a certificate signed by the Governor of the Central Bank or any officer authorized in writing by him in that behalf that he is satisfied by personal examination that the note or coin is or is not forged, shall be sufficient evidence that the note or coin is or is not forged, as the case may be, and neither the Governor nor any officer of the Bank shall be cross-examined with regard to the contents of the certificate unless the Court otherwise orders.
*NOTE—Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code—see L.N. 198/1952.
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Evidence or report by an expert on matters relating to organized criminal group
399B. (1) Notwithstanding any other written law, where evidence or report is given by an expert on the activities, structure, ritual, ceremonies, hand sign, insignia, characteristic of an organized criminal group or any other matters relating to an organized criminal group the
Court shall admit the evidence as prima facie proof of the facts.
(2) If evidence is proved that the accused—
(a) is involved in any of the activities, ritual or ceremonies of an organized criminal group;
(b) is part of, or within the structure of an organized criminal group;
(c) exhibits any hand sign, insignia or characteristics of an organized criminal group; or
(d) can be linked to any other matters relating to an organized criminal group, the Court shall presume that the accused is a member of an organized criminal group.
How previous conviction or acquittal may be proved
400. (1) In any inquiry, trial or other proceeding under this Code a previous conviction or acquittal or an order directing any person to be under the supervision of the police may be proved in addition to any other mode provided by any law for the time being in force—
(a) by an extract certified under the hand of the officer having the custody of the records of the Court whether of Malaysia or the Republic of Singapore in which that conviction or acquittal was had to be a copy of the sentence or order; or
(b) in case of a conviction either by a certificate signed by the officer in charge of the prison in Malaysia or the Republic
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(2) In case the officer in charge of any prison shall state in any certificate signed by him that the fingerprints which appear on the certificate are those of the person to whom the certificate relates, that certificate shall be evidence of the fact so stated.
(3) Every Court shall presume to be genuine every document purporting to be a certificate of conviction and purporting to be signed by the officer in charge of any prison in Malaysia or the Republic of
Singapore, and shall also presume that the officer by whom the document purports to be signed was when he signed it the officer in charge of the prison mentioned in that document.
Record of evidence in absence of accused
401. (1) If it is proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try that person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.
(2) Any such deposition may, on the arrest of that person, be given in evidence against him on the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.
(3) If it appears that an offence punishable with death or with imprisonment has been committed by some person or persons unknown the Court of a First Class Magistrate may hold an inquiry and examine any witnesses who can give evidence concerning the offence.
Any depositions so taken may be given in evidence against any person
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who is subsequently accused of the offence if the deponent is dead or incapable of giving evidence or is beyond the limits of Malaysia.
402. (Deleted by Act A908).
Alibi
402A. (1) The Court shall, at the time the accused is being charged, inform the accused as to his right to put forward a defence of alibi.
(2) Where the accused seeks to put forward a defence of alibi, he shall put forward a notice of his alibi during the case management process.
(3) Notwithstanding subsection (2), where the accused has not put forward a notice of his alibi during the case management process, he may adduce evidence in support of an alibi at any time during the trial subject to the following conditions:
(a) the accused has given a written notice of the alibi to the
Public Prosecutor; and
(b) the Public Prosecutor is given a reasonable time to investigate the alibi before such evidence can be adduced.
(4) The notice required under this section shall include particulars of the place where the accused claims to have been at the time of the commission of the offence with which he is charged, together with the names and addresses of any witnesses whom he intends to call for the purpose of establishing his alibi.
Proof by written statement
402B. (1) In any criminal proceedings, a written statement by any person shall, subject to the conditions contained in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.
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(2) A statement may be tendered in evidence under subsection (1)
if—
(a) the statement purports to be signed by the person who made it;
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief;
and
(c) a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings not later than fourteen days before the commencement of the trial unless the parties otherwise agree.
(3) Notwithstanding paragraph (2)(c), a party proposing to tender a statement in evidence under subsection (1) may not serve the statement to any other parties to the proceedings where the parties to the proceedings agree before or during the proceedings that the statement shall be so tendered.
(4) If a statement proposed to be tendered in evidence under subsection (1)—
(a) is made by a person who cannot read, the statement shall be read and explained to him before he signs it and the statement shall be accompanied by a statutory declaration made under the *Statutory Declarations Act 1960 [Act 783]
by the person who so read the statement to the effect that it was so read and explained; or
(b) refers to any other document or object as an exhibit, the copy served on any other party to the proceedings under paragraph (2)(c) shall be accompanied by a copy of that document or by a photograph of the object and such information as may be necessary in order to enable the party
*NOTE—Act 783 first enacted as the Statutory Declarations Act 1960 [Act No. 20 of 1960] and revised as the Statutory Declarations Act 1960 [Act 13] and later revised as Act 783 w.e.f. 17 November 2016.
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on whom it is served to inspect the document or object, as the case may be, unless it is not expedient to do so.
(5) Notwithstanding that the written statement of a person may be admissible as evidence by virtue of this section—
(a) the party by whom or on whose behalf a copy of the statement was served may call the person making the statement to give additional evidence which may include matters which are not contained in the statement; and
(b) the maker of the statement shall attend the trial for cross-examination and re-examination, if so requested.
(6) So much of any statement as is admitted in evidence by virtue of this section shall, unless the Court otherwise directs, be read aloud at the trial and where the Court so directs an account shall be given orally of so much of any statement as is not read aloud.
(7) Any document or object referred to as an exhibit and identified in a written statement admitted in evidence under this section shall be treated as if it was produced as an exhibit and identified in the Court by the maker of the statement.
(8) A document required by this section to be served on any person may be served—
(a) by delivering the document to the person himself or to his advocate; or
(b) in the case of a corporation, by delivering the document to the secretary or other like officer of the corporation at its registered or principal office or by sending the document by registered post addressed to the secretary or other like officer of the corporation at that office.
Proof by formal admission
402C. (1) Notwithstanding any other written law, and subject to the provisions of this section, any fact of which oral evidence may be given
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(2) An admission under this section—
(a) may be made before or during the proceedings and shall be in writing and signed by both parties;
(b) if made otherwise than in the Court, shall be in writing;
(c) if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
(d) if made on behalf of an accused who is an individual, shall be made by his advocate;
(e) if made at any stage before the trial by an accused who is an individual, shall be approved by his advocate (whether at the time it was made or subsequently) before or during the proceedings in question.
(3) An admission under this section for the purpose of any proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or trial).
(4) An admission under this section may with the leave of the Court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.
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CHAPTER XL
PROVISIONS AS TO BONDS
Deposit instead of bond
403. When any person is required by any Court or officer to execute a bond, with or without sureties, the Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money to such amount as the Court may fix, instead of executing the bond.
Procedure on forfeiture of bond
404. (1) Whenever—
(a) it is proved to the satisfaction of the Court by which a bond under this Code has been taken; or
(b) when the bond is for appearance before a Court, it is proved to the satisfaction of that Court, that the bond has been forfeited the Court shall record the grounds of such proof and may call upon any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid the
Court may proceed to recover the same by issuing a warrant for the attachment and sale of property belonging to that person.
(3) The warrant may be executed within the local limits of the jurisdiction of the Court which issued it, and it shall authorize the distress and sale of any property belonging to that person without such limits when indorsed by a Magistrate within the local limits of whose jurisdiction the property is found.
(4) If the penalty is not paid, and cannot be recovered by the attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil prison for a term which may extend to six months.
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(5) The Court may, at its discretion, remit any portion of the penalty mentioned, and enforce payment in part only.
(6) Nothing in this section shall be deemed to prevent the penalty, or any portion of it, of any bond under this Code being recovered under the provisions of the law relating to civil procedure in force for the time being.
Appeal from orders
405. All orders made under section 404 by any Magistrate shall be appealable to the High Court.
Power to direct levy of amount due on bond
406. A Judge may direct any Magistrate to levy the amount due on a bond to appear and attend before the High Court.
CHAPTER XLI
DISPOSAL OF EXHIBITS AND OF PROPERTY THE
SUBJECT OF OFFENCES
Court shall consider manner of disposal of exhibits
406A. (1) At the conclusion of any proceedings under this Code the
Court shall consider in what manner the exhibits shall be disposed of and may make any order for that purpose in accordance with law.
(2) If the Court makes no order as to the disposal of the exhibits they shall be handed to the police officer in charge of the proceedings and may be dealt with by the police in accordance with the provisions of this Chapter as if the Court had made an order or orders to that effect:
Provided that if the police are at any time in doubt as to the proper manner of disposing of any exhibit, or if any person claims delivery to him of any exhibit and the police refuse such delivery, the police or that person may apply summarily to the Court which determined the
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case and the Court shall make such order regarding the disposal of the exhibit as may be proper.
Order for disposal of property regarding which offence committed
407. (1) Any Court may if it thinks fit impound any property or document produced before it under this Code.
(2) During or at the conclusion of any inquiry or trial in any criminal
Court the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.
The power herein conferred upon the Court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.
(3) When a Judge makes such order, and cannot through his own officers conveniently deliver the property to the person entitled to it, he may direct that the order be carried into effect by a Magistrate.
(4) A Court making an order under this section in respect of any property or document shall direct whether the order is to take effect immediately or at any future date or on the happening of any future contingency and shall, except when the property is livestock or subject to speedy and natural decay, include in that order all necessary directions and conditions to ensure that the property or document will be produced as and when required for the purposes of the inquiry or trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such inquiry or trial.
(5) In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under
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Disposal of seized articles
407A. (1) Notwithstanding any other provisions, the Public Prosecutor may apply to the Court for the disposal of any articles specified in subsection (2) at any time.
(2) The following seized articles may be disposed of under this section:
(a) dangerous drugs seized under the
Dangerous Drugs Act 1952 [Act 234];
(b) clandestine drug laboratories or premises;
(c) valuable goods;
(d) cash money;
(e) noxious, deleterious, corrosive, explosive, dangerous, toxic, flammable, oxidising, irritant, harmful, poisonous, psychotropic and decay substances;
(f) video compact discs, optic discs, films and other similar devices;
(g) publication, books and other documents;
(h) vehicles, ships and other forms of conveyance;
(i) equipment and machineries;
(j) timber and timber products;
(k) rice, food and other perishable items; and
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(l) other articles as may be determined by the Public Prosecutor that may be vulnerable to theft, substitution, constraints of proper storage space, high maintenance costs or any other considerations as the Public Prosecutor deems relevant.
(3) The Court shall make an order for the disposal of the articles specified in the application made by the Public Prosecutor under subsection (1) subject to the following procedures being complied with:
(a) an inventory of the articles containing the description, markings and other particulars which clearly identifies the articles has been made by the officer who seized the articles, and the Magistrate or Judge having the trial jurisdiction has certified that the inventory is correct;
(b) photographs of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the
Magistrate or Judge has certified that the photographs are true;
(c) where possible, representative samples of the articles have been taken in the presence of a Magistrate or Judge having the trial jurisdiction, and the Magistrate or Judge has certified that the representative samples are the correct samples of the articles; and
(d) where the articles are video compact discs, optic discs, films and other similar devices, the articles have been played for a Magistrate or Judge having the trial jurisdiction so as to ascertain the contents of the articles, and the Magistrate or
Judge has certified that the contents of the articles are correct.
(4) Where the Court makes an order for the disposal of the articles under subsection (3), the Court may allow the accused to take photographs of the articles.
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Penalty if property has been disposed or concealed
407B. Where an offence is proved against an accused and the property which is the subject matter of an offence has been disposed of or concealed by the accused or any person on his behalf, the Court shall order the accused to pay as a penalty a sum of which is equivalent to, in the opinion of the Court, the value of the property, and any such penalty shall be recoverable as a fine.
Direction instead of order
408. Instead of himself making an order under section 407 a Judge may direct the property to be delivered to a Magistrate, who shall, in such cases, deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.
Payment to innocent person of money found on accused
409. When any person is convicted of any offence which includes or amounts to theft or receiving stolen property and it is proved that any other person has bought the stolen property from him without knowing or having reason to believe that the same was stolen and that any money has, on his arrest, been taken out of the possession of the convicted person, the Court may, on the application of the purchaser and on the restitution of the stolen property to the person entitled to the possession of it, order that out of that money a sum not exceeding the price paid by the purchaser be delivered to him.
Stay of order
410. The High Court may direct any order under section 407 or 409
made by a Magistrate’s Court to be stayed pending consideration by the High Court and may modify, alter or annul that order.
Destruction of libellous and other matter
411. (1) On a conviction under section 292, 293, 501 or 502 of the
Penal Code the Court may order the destruction of all the copies of
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the thing in respect of which the conviction was had and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may in like manner, on a conviction under section 272, 273, 274 or 275 of the Penal Code, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.
Restoration of possession of immovable property
412. (1) Whenever a person is convicted of an offence attended by criminal force and it appears to the Court that by that force any person has been dispossessed of any immovable property, the
Court may, if it thinks fit, order that property to be restored to the possession of the person who has been dispossessed.
(2) No such order shall prejudice any right or interest to or in that immovable property which any person may be able to establish in a civil suit.
Procedure by police on seizure of property
413. (1) The seizure or finding by any police officer of property taken under section 20 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence shall be immediately reported to a Magistrate, who shall make such order as he thinks fit respecting the delivery of the property to the person entitled to the possession of it, or, if that person cannot be ascertained, respecting the custody and production of the property.
(2) If the person so entitled is known the Magistrate may order the property to be delivered to him on such conditions, if any, as the
Magistrate thinks fit, and shall in that case cause a notice to be served on that person informing him of the terms of the order and requiring him to take delivery of the property within such period from the date of the service of the notice (not being less than forty-eight hours) as the Magistrate may in the notice prescribe.
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(3) If that person is unknown the Magistrate may direct that the property be detained in police custody, and the Chief Police Officer shall, in that case, issue a public notification specifying the articles of which the property consists and requiring any person who has any claim to it to appear before him and establish his claim within six months from the date of the public notification:
Provided that, where it is shown to the satisfaction of the Magistrate that the property is of no appreciable value, or that its value is so small as, in the opinion of the Magistrate, to render impractical the sale, as hereinafter provided, of the property, or as to make its detention in police custody unreasonable in view of the expense or inconvenience that would thereby be involved, the Magistrate may order the property to be destroyed or otherwise disposed of, either on the expiration of such period after the publication of notification above referred to as he may determine or immediately as he thinks fit.
(4) Every notification under subsection (3) shall, if the value of the property amounts to fifty ringgit, be published in the Gazette.
(5) Notwithstanding the preceding subsections, where the property is required for the investigation of a case and it is necessary for the property to be detained, the property shall be kept in a safe and proper place by the Officer in charge of a Police District where the offence was committed.
Procedure where no claim established
414. (1) If within three months from the publication of a notification under subsection 413(3) no person establishes a claim to such property and if the person in whose possession the property was found is unable to show that it was legally acquired by him, the property may be sold on the order of the Officer in charge of a Police District.
(2) If within six months from the publication of the notification no person has established a claim to the property, the ownership of the property or, if sold, the net proceeds of it shall then pass to and become vested in the Federal Government.
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Procedure where property is perishable or of small value
415. (1) Any property detained in police custody on the order of a
Magistrate made under subsection 413(3) may be sold by public auction or in such manner as may be practicable if—
(a) it is subject to speedy decay or deterioration;
(b) it cannot be maintained without difficulty, or it is not practicable to maintain;
(c) in the opinion of the police officer that the value of such property is less than ten thousand ringgit; or
(d) its custody involves unreasonable expense and inconvenience.
(2) The proceeds of the sale shall be then passed to and become vested in the Federal Government after deducting the cost and expenses of the maintenance and sale of the property.
Procedure where owner is absent
416. (1) If the person entitled to the possession of such property is absent from the State and the property is subject to speedy and natural decay or the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner or that the value of the property is less than ten ringgit the Magistrate may, at any time, direct it to be sold and subsection 414(2) shall apply to the net proceeds of the sale.
(2) If the person to whom property has been ordered to be delivered under subsection 413(2) neglects or omits to take delivery of the property within the period prescribed, the Magistrate may, where the property is subject to speedy and natural decay or where in his opinion its value is less than ten ringgit, direct that the property be sold and the net proceeds of the sales shall, on demand, be paid over to the person entitled to it.
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CHAPTER XLII
TRANSFER OF CRIMINAL CASES
High Court’s power to transfer cases
417. (1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial trial cannot be had in any criminal
Court subordinate to it;
(b) that some question of law of unusual difficulty is likely to arise;
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the same;
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code, it may order—
(aa) that any offence be tried by any Court not empowered under sections 121 to 126 but in other respects competent to try such offence;
(bb) that any particular case or class of cases be transferred from a criminal Court subordinate to it to any other such criminal Court of equal or superior jurisdiction; or
(cc) that any particular criminal case be transferred to and tried before the High Court.
(dd) (Deleted by Act A908).
(ee) (Deleted by Act A908).
Criminal Procedure Code 227
(2) The High Court may make an order under subsection (1) either on the report of the lower Court, or on the application of the Public Prosecutor or the accused person, or on its own initiative.
(3) (a) When an order is made under paragraph (1)(cc) the lower
Court before which the trial of the offence against the accused person is pending shall cause the accused person to appear or be brought before the
High Court on the date specified in the said order or as soon as may be practicable if no such date is specified.
(b) When the accused person appears or is brought before the High Court in accordance with paragraph (a), it shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
(4) The Court to which a case is transferred under this section may act on the evidence already recorded in a trial or partly so recorded and partly recorded by itself, or it may resummon the witnesses and recommence the trial:
Provided that in any case so transferred the Public Prosecutor or the accused person may, when the Court to which the case is transferred commences its proceedings, apply that the witnesses or any of them be resummoned and reheard.
Application for transfer to be supported by affidavit
418. (1) Every application for the exercise of the power conferred by section 417 shall be made by motion which shall, except when the applicant is the Public Prosecutor, be supported by affidavit.
(2) Every such application shall be made before the inquiry into or trial of the offence has been concluded.
(3) When an accused person makes an application under this section, a Judge may, if he thinks fit, direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the expenses of the prosecution.
(4) Every accused person making any such application shall give to the Public Prosecutor notice in writing of the application, together
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Trials by High Court on a certificate by the Public Prosecutor
418A. (1) Notwithstanding section 417 and subject to section 418B, the Public Prosecutor may in any particular case triable by a criminal Court subordinate to the High Court issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court.
(2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally.
(3) The certificate of the Public Prosecutor issued under subsection (1)
shall be tendered to the subordinate Court before which the case is triable whereupon the Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable.
(4) When the accused person appears or is brought before the
High Court in accordance with subsection (3), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
Cases to which section 418A is applicable
418B. Section 418A shall apply to all cases triable under this Code by a criminal Court subordinate to the High Court, whether the proceedings are instituted before or after the coming into force of that section, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.
Criminal Procedure Code 229
CHAPTER XLIII
IRREGULARITIES IN PROCEEDINGS
Proceeding in wrong place, etc.
419. No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at, passed or made, took place in a wrong local area or before a wrong Magistrate or Court, unless it appears that such error occasioned a failure of justice.
Procedure when confession irregularly taken
420. If any Court before which a confession or other statement of an accused person recorded under *section 115 or 256 is tendered or has been received in evidence finds that any of the provisions of that section has not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded and if it is satisfied of the same that statement shall be admitted if the error has not injured the accused as to his defence on the merits.
Omission to frame charge
421. (1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed unless, in the opinion of the appellate court, a failure of justice has been occasioned thereby.
(2) If the appellate court thinks that a failure of justice has been occasioned by the omission to frame a charge it shall order that a new trial be had.
*NOTE—Section 115 has been deleted by Criminal Procedure Code (Amendment) Act 2006 [Act A1274]
w.e.f. 7 September 2007—see section 16 of Criminal Procedure Code (Amendment) Act 2006
[Act A1274].
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Irregularities not to vitiate proceedings
422. Subject to the provisions contained in this Chapter no finding, sentence or order passed or made by a Court of competent jurisdiction shall be reversed or altered on account of—
(a) any error, omission or irregularity in the complaint, sanction, consent, summons, warrant, charge, judgment or other proceedings before or during trial, or in any inquiry or other proceedings under this Code;
(b) the want of any sanction; or
(c) the improper admission or rejection of any evidence, unless such error, omission, irregularity, want, or improper admission or rejection of evidence has occasioned a failure of justice.
Irregularity in distress
423. No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of distress or other proceedings relating to it, nor shall that party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by the irregularity may recover full satisfaction for the special damage caused by it in any Court of competent jurisdiction.
CHAPTER XLIV
MISCELLANEOUS
Affidavits before whom sworn
424. (1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn—
(a) in Malaysia before any Magistrate or Registrar;
Criminal Procedure Code 231
(b) in the Republic of Singapore before any Judge, District
Judge, Assistant District Judge, Registrar, Deputy Registrar,
Police Magistrate or before any person authorized to take affidavits by any written law in force in the Republic of
Singapore;
(c) in England, Scotland, Ireland or the Channel Islands or in any Colony, island or place (other than the above) under the dominion or jurisdiction or protection of Her Britannic
Majesty, before any Judge, Court, Notary Public or other person lawfully authorized to administer oaths;
(d) in any other place before any officer exercising consular functions on behalf of Malaysia.
(2) The Court shall take judicial notice of the seal or signature, as the case may be, of any Judge, Court, Notary Public, Consul, Vice-Consul or other person appended or subscribed to any affidavit.
Power of Court to summon and examine persons
425. Any Court may at any stage of any inquiry, trial or other proceeding under this Code summon any person as witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.
Trial in absence of an accused
425A. (1) Notwithstanding any other provision of this Code, if an accused after being charged absconds before or during the course of his trial, the accused shall be deemed to have waived his right to be present at the trial.
(2) A Court may proceed or continue with the trial and pronounce judgment in the absence of the accused provided that the Court shall not pass any of the following sentences in the absence of the accused:
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(a) death;
(b) imprisonment for life; and
(c) imprisonment for a term of not less than thirty years but not exceeding forty years.
(3) If a warrant of arrest has been issued—
(a) the Court may adjourn the trial and await the appearance of the accused or await the execution of the warrant; or
(b) if the Court is satisfied that it is no longer in the interest of justice to await the appearance of the accused or to await the execution of the warrant, the Court may, at any time, proceed or continue with the trial.
(4) If the Court proceeds or continues with the trial pursuant to subsection (2), the Court may draw an inference adverse to the accused from the fact that he has absconded.
(5) If an accused reappears at his trial, he is not entitled to have any part of the proceedings that was conducted in his absence reopened unless the Court is satisfied that because of exceptional circumstances it is in the interest of justice to reopen the proceedings.
(6) Where an accused has absconded and the Court proceeds or continues with his trial, counsel for the accused may continue to act for the accused in the trial.
(7) For the purpose of this section, “judgment” includes conviction, acquittal and sentence.
Order for payment of costs of prosecution and compensation
426. (1) The Court before which an accused is convicted of an offence—
Criminal Procedure Code 233
(a) in its discretion, may make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof as may be agreed by the Public Prosecutor; or
(b) where—
(i) the prosecution of the convicted accused involves evidence obtained pursuant to a request made under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; or
(ii) the accused has obtained pecuniary gain, upon the application of the Public Prosecutor, shall make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof, the sum of which is to be fixed by the Court as may be agreed by the Public Prosecutor.
(1A) Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall, upon the application of the
Public Prosecution, make an order against the convicted accused for the payment by him, or where the convicted accused is a child, by his parent or guardian, of a sum to be fixed by the Court as compensation to a person who is the victim of the offence committed by the convicted accused in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.
(1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.
(1C) The Court shall, in making an order under subsection (1A), take into consideration the following factors:
(a) the nature of the offence;
(b) the injury sustained by the victim;
(c) the expenses incurred by the victim;
(d) the damage to, or loss of, property suffered by the victim;
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(e) the loss of income incurred by the victim;
(f) the ability of the convicted accused to pay; and
(g) any other factors which the Court deems relevant.
(1D) For the purpose of making an order under subsection (1A), the
Court may hold an inquiry as it thinks fit.
(2) The Court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 432
[except paragraph (1)(d)] shall be applicable to any order made under this section.
(3) The Court may direct that an order for payment of costs, or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.
(4) To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.
(5) Every order made under this section by a Magistrate shall be appealable to the High Court.
Payment of expenses of prosecutors and witnesses
427. In every criminal case tried before the High Court, and in every criminal case tried before a Sessions Court or a Magistrate’s Court, the
Court may in its discretion order payment out of the Consolidated Fund to the prosecutor and to the witnesses both for the prosecution and for the defence, or to such of them as it thinks fit, of the expenses incurred by them severally in and about attending the High Court, or the
Sessions Court or Magistrate’s Court and also compensation for their trouble and loss of time, subject to such rules as are prescribed.
Criminal Procedure Code 235
Rules as to rates of payment
428. The rule committee may make rules as to the rates or scales of payment of the expenses to be ordered as aforesaid and concerning the form of the certificates hereinafter mentioned and the details to be inserted in it.
429. (Deleted by Act A908).
Reward for unusual exertion
430. Whenever it appears to any Court that a private person has shown unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment, such Court may order payment to him out of the Consolidated Fund of any sum not less than one thousand ringgit and not more than ten thousand ringgit.
Compensation for family of person killed in arresting
431. If any person is killed in endeavouring to arrest or to keep in lawful custody a person accused as aforesaid the Minister of Finance may order payment out of the Consolidated Fund to the wife, husband, parent or child of the deceased of such sum or sums as appear reasonable in compensation for the loss sustained.
Provisions as to money payable as costs or compensation
432. (1) Subject to the provisions of this Code where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the Court making the order may in its discretion do all or any of the following things, namely:
(a) allow time for the payment of that sum;
(b) direct payment of that sum to be made by installments;
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(c) issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;
(d) direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that that person has no property or insufficient property to satisfy the money payable or that the levy of distress will be more injurious to him or his family than imprisonment;
(e) direct that that person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him:
Provided that such money shall not be so applied if the
Court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
(2) The term for which the Court directs that person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale:
When the money to be paid does not exceed RM500
… … … … ... … One month
When the money to be paid exceeds
RM500 but does not exceed RM1000 … … … … … Two months
In any other case
… … … … … … Six months
Criminal Procedure Code 237
(3) Subject to the provisions of this Code the imprisonment which the Court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(4) If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.
(5) A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or a First Class Magistrate having jurisdiction in the State in which it is to be executed.
Copies of proceedings
433. (1) If the complainant or the accused or any person affected by a judgment or order passed or made by a criminal Court desires to have a copy of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished with it by the Court:
Provided that he pays for the same such reasonable sum as the Court may direct unless the Court for some special reason thinks fit to furnish it free of cost.
(2) An application for a copy of the record may be made at any time by the Public Prosecutor by whom no fee shall be payable.
434. (Deleted by F.M. Ord. No. 14 of 1952).
Power of police to seize property suspected of being stolen
435. Any member of the police force may seize any property which is alleged or may be suspected to have been stolen, or which is found under circumstances which create suspicion that an offence has been committed, and such member, if subordinate to the officer in charge of
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Person released on bail to give address for service
436. (1) When any person is released on bail, or on his own bond, he shall give to the Court or officer taking the bail or bond an address at which service upon him of all notices and process may be made.
(2) In any case where that person cannot be found, or for other reasons the service on him cannot be effected, any notice or process left for that person at such address shall be deemed to have been duly served upon him.
Power to compel restoration of abducted persons
437. Upon complaint made to a Magistrate on oath of the abduction or unlawful detention of a woman or of a female child under the age of fourteen years for any unlawful purpose within the local limits of his jurisdiction, he may make an order for the immediate restoration of the woman to her liberty, or of the female child to her husband, parent, guardian or other person having the lawful charge of that child, and may compel compliance with the order, using such force as may be necessary.
Compensation for giving in charge groundlessly
438. (1) Whenever any person causes a police officer to arrest another person if it appears to the Magistrate who takes cognizance of the case that there was no sufficient ground for causing the arrest the
Magistrate may award such compensation, not exceeding twenty-five ringgit, to be paid by the person so causing the arrest to each person so arrested for his loss of time and any expenses incurred by him in the matter as the Magistrate shall think fit.
(2) (Omitted).
Criminal Procedure Code 239
(3) Such compensation shall be no bar to an action for false imprisonment.
Magistrate not to act where interested
439. No Magistrate shall, except with the permission of the High
Court to which an appeal lies from his Court, try any case to or in which he is a party or personally interested.
Explanation—A Magistrate shall not be deemed to be a party or personally interested within the meaning of this section to or in any case by reason only that he is a member of a local authority or otherwise concerned in it in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
A, as Collector of Land Revenue, upon consideration of information furnished to him directs the prosecution of B for a breach of the land laws. A is disqualified from trying this case as a Magistrate.
Public servants not to bid at sales under this Code
440. A public servant, having any duty to perform in connection with the sale of any property under this Code, shall not purchase or bid for the property.
When receivers, etc., charged, evidence of other cases allowed
441. Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of that person other property stolen within the preceding period of twelve months, and that evidence may be taken into consideration for the purpose of proving that that person knew the property to be stolen which forms the subject of the proceedings taken against him.
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When evidence of previous conviction may be given
442. Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property and evidence has been given that the stolen property has been found in his possession, then if that person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of his previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen:
Provided that not less than seven days’ notice in writing shall have been given to the person accused that proof is intended to be given of his previous conviction; and it shall not be necessary for the purposes of this section to enter in the charge the previous conviction of the person so accused.
Forms
443. The Forms set out in the Second Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in them.
Application of fines
444. The Court imposing any fine under the authority of any law for the time being in force may award any portion of it to an informer.
*Electronic monitoring requirement on acquittal
445. (1) If an accused person who is under an electronic monitoring requirement—
*NOTE—Section 445 is not yet in force—see section 9 of the Criminal Procedure Code (Amendment)
(No.2) Act 2012 [Act A1431].
Criminal Procedure Code 241
(a) is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the period of the electronic monitoring requirement to be extended by the Court until his appeal is proceeded with; or
(b) is acquitted by the Court and the Public Prosecutor decides to appeal against the acquittal, the Public Prosecutor may apply to the Court for the electronic monitoring requirement to be continued until his appeal is proceeded with.
(2) If an accused person who is not under an electronic monitoring requirement—
(a) is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the electronic monitoring requirement to be applied to him until his appeal is proceeded with; or
(b) is acquitted by the Court and the Public Prosecutor decides to appeal against the acquittal, the Public Prosecutor may apply to the Court for the electronic monitoring requirement to be applicable to the person so acquitted until his appeal is proceeded with.
(3) For the purpose of this section, “Court” includes the Court of
Appeal when the Court of Appeal is not the final appellate court.
Criminal Procedure Code 243
FIRST SCHEDULE
TABULAR STATEMENT OF OFFENCES UNDER THE PENAL CODE
EXPLANATORY NOTES—
(1) The entries in the Second and Seventh columns of this Schedule, headed respectively “Offence” and “Maximum Punishment under the Penal Code”, are not intended as definitions of the offences and punishments described in the several corresponding sections of the Penal Code, or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in the First column.
(2) The entries in the Third column of this Schedule are not intended in any way to restrict the powers of arrest without warrant which may be lawfully exercised by Police Officers.
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER V—ABETMENT
109
Abetment of any offence,
May arrest without
According as a
According as
According as
The same punishment if the act abetted is committed warrant if arrest for warrant or the offence the offence as for the offence in consequence, and where no the offence abetted summons may abetted is abetted is abetted express provision is made may be made without issue for the bailable or not compoundable for its punishment warrant, but not offence abetted or not otherwise
110
Abetment of any offence, if do.
do.
do.
do.
do.
the person abetted does the act with a different intention from that of the abettor
CHAPTER V—ABETMENT —(cont.)
111
Abetment of any offence do.
do.
do.
do.
The same punishment when one act is abetted and a as for the offence different act is done; subject committed to the proviso
This Schedule has been amended to bring it into accord with the provisions of the Penal Code [Act 574] and of the Criminal Justice Act 1953 [Act 345].
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1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER V—ABETMENT —(cont.)
111
Abetment of any offence do.
do.
do.
do.
The same punishment when one act is abetted and a as for the offence different act is done; subject committed to the proviso
113
Abetment of any offence, when do.
do.
do.
do.
do.
an effect is caused by the act abetted different from that intended by the abettor
114
Abetment of any offence, if do.
do.
do.
do.
do.
abettor is present when offence is committed
115
Abetment of an offence punishable do.
do.
Not bailable do.
Imprisonment for seven with death or imprisonment for life or years, and fine imprisonment for a term which may extend to twenty years or upwards, if the offence is not committed in consequence of the abetment
115
If an act which causes harm be do.
do.
do.
do.
Imprisonment for done in consequence of the abetment fourteen years, and fine
116
Abetment of an offence, punishable do.
do.
According as do.
Imprisonment extending with imprisonment, if the offence is the offence to a quarter part of the not committed in consequence of the abetted is longest term provided abetment bailable or not for the offence, or fine, or both
116
If the abettor or the person abetted do.
do.
do.
do.
Imprisonment extending is a public servant whose duty it is to half of the longest to prevent the offence term provided for the offence, or fine, or both
Criminal Procedure Code 245
117
Abetting the commission of an do.
do.
do.
do.
Imprisonment for three offence by the public, or by more years, or fine, or both than ten persons
118
Concealing a design to commit
May arrest without
According as a
Not bailable
According as
Imprisonment for an offence punishable with warrant if arrest for the warrant or the offence seven years, and fine death or imprisonment for life or offence abetted may be summons may abetted is imprisonment for a term which made without warrant, issue for the compoundable may extend to twenty years or but not otherwise offence abetted or not upwards if the offence is committed
118
If the offence is not committed do.
do.
do.
do.
Imprisonment for three years, and fine
119
A public servant concealing a do.
do.
According as do.
Imprisonment design to commit an offence the offence extending to half of the which it is his duty to prevent, abetted is longest term provided if the offence is committed bailable or not for the offence, or fine, or both
119
If the offence is punishable do.
do.
Not bailable do.
Imprisonment for ten with death or imprisonment for years life or imprisonment for a term which may extend to twenty years or upwards
119
If the offence is not committed do.
do.
According as do.
Imprisonment the offence extending to a quarter abetted is part of the longest term bailable or not provided for the offence, or fine, or both
120
Concealing a design to commit do.
do.
do.
do.
do.
an offence punishable with imprisonment, if the offence is committed
120
If the offence is not committed do.
do.
do.
do.
Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both
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1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER VA—CRIMINAL CONSPIRACY
120B
Criminal conspiracy to commit
Shall not arrest without
Warrant
Not bailable
Not
Imprisonment for two offence punishable with death warrant compoundable years; where no express provision, same as if he had abetted the offence
120B
Being party to a criminal
May arrest without
Summons
Bailable do.
Imprisonment for six conspiracy other than to warrant months, or fine, or both commit offence punishable with death
CHAPTER VI—OFFENCES AGAINST THE STATE
121
Waging or attempting to wage
May arrest without
Warrant
Not bailable
Not
Death; or war, or abetting the waging of warrant compoundable imprisonment for a war, against the Yang di-Pertuan term of not less than thirty
Agong or the Ruler or Yang years but not exceeding forty di-Pertua Negeri years, and fine
121A
Offences against the person of do.
do.
do.
do.
Death, or imprisonment the Yang di-Pertuan Agong or a for a term of not less than thirty
Ruler or Yang di-Pertua Negeri years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes
121B
Offences against the authority do.
do.
do.
do.
Imprisonment for a of the Yang di-Pertuan Agong term of not less than thirty years but not or a Ruler or Yang di-Pertua exceeding forty years, and fine
Negeri
121C
Abetting offences under section do.
do.
do.
do.
Punishment provided
121A or 121B for offences under section 121A or 121B
Criminal Procedure Code 247
121D
Intentional omission to give
May arrest without
Warrant
Not bailable
Not
Imprisonment for seven information of offences against warrant compoundable years, or fine, or both section 121, 121A, 121B or 121C by a person bound to inform
122
Collecting arms, etc., with the do.
do.
do.
do.
Imprisonment for a term not intention of waging war against exceeding forty years, and fine the Yang di-Pertuan Agong or a
Ruler or Yang di-Pertua Negeri
123
Concealing with intent to do.
do.
do.
do.
Imprisonment for ten facilitate a design to wage war years, and fine
124
Assaulting a member of Parliament, do.
do.
do.
do.
Imprisonment for seven etc., with intent to compel or restraint years, and fine the exercise of any lawful power
124B
Activity detrimental to do.
do.
do.
do.
Imprisonment which parliamentary democracy may extend to twenty years
124C
Attempt to commit activity do.
do.
do.
do.
Imprisonment which detrimental to parliamentary may extend to fifteen democracy years
124D
Printing, sale, etc., of documents do.
do.
do.
do.
Imprisonment which and publication detrimental to may extend to fifteen parliamentary democracy years
124E
Possession of documents and do.
do.
do.
do.
Imprisonment which publication detrimental to may extend to ten years parliamentary democracy
124F
Importation of document and do.
do.
do.
do.
Imprisonment which publication detrimental to may extend to five years parliamentary democracy
124G
Posting of placards, etc.
do.
do.
do.
do.
Imprisonment which may extend to five years
124H
Dissemination of information do.
do.
do.
do.
Imprisonment which may extend to five years
248 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER VI—OFFENCES AGAINST THE STATE—(cont.)
124I
Dissemination of false reports do.
do.
do.
do.
Imprisonment which may extend to five years
124J
Receipt of document and do.
do.
do.
do.
Imprisonment which publication detrimental to may extend to ten years parliamentary democracy
124K
Sabotage do.
do.
do.
do.
Imprisonment for a term of not less than thirty years but not exceeding forty years
124L
Attempt to commit sabotage do.
do.
do.
do.
Imprisonment which may extend to fifteen years
124M
Espionage do.
do.
do.
do.
Imprisonment for a term of not less than thirty years but not exceeding forty years
124N
Attempt to commit espionage do.
do.
do.
do.
Imprisonment which may extend to fifteen years
125
Waging war against any power in do.
do.
do.
do.
Imprisonment for a term not alliance or at peace with the Yang exceeding forty years and fine di-Pertuan Agong or abetting the waging of the such war
125A
Harbouring or attempting to
May arrest without
Warrant
Not bailable
Not
Imprisonment for a term harbour any person in Malaysia warrant compoundable not exceeding forty years and fine or person residing in a foreign State at war or in hostility against the Yang di-Pertuan Agong
Criminal Procedure Code 249
126
Committing depredation on the do.
do.
do.
do.
Imprisonment for seven territory of any power in alliance years, and fine, and or at peace with the Yang forfeiture of certain di-Pertuan Agong property
127
Receiving property taken by war or do.
do.
do.
do.
Imprisonment for seven depredation mentioned in sections years, and fine, and
125 and 126
forfeiture of certain property
128 Public servant voluntarily allowing do.
do.
do.
do.
Imprisonment for prisoner of State or War in his a term not exceeding forty years custody to escape
129
Public servant negligently do.
do.
Bailable do.
Imprisonment for three suffering prisoner of State or years, and fine
War in his custody to escape
130
Aiding escape of, rescuing or do.
do.
Not do.
Imprisonment for a term harbouring such prisoner, or bailable not exceeding forty years, and fine offering any resistance to the recapture of such prisoner
CHAPTER VIA—OFFENCES RELATING TO TERRORISM
Suppression of Terrorist Acts and Support for Terrorist Acts
130C
Committing
May arrest without
Warrant
Not bailable
Not
Death or imprisonment for a term of not terrorist acts warrant compoundable less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine
130D
Providing devices to terrorist do.
do.
do.
do.
Imprisonment for a term not groups exceeding forty years, and fine
250 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER VIA—OFFENCES RELATING TO TERRORISM—(cont.)
Suppression of Terrorist Acts and Support for Terrorist Acts—(cont.)
130E
Recruiting persons to be do.
do.
do.
do.
Imprisonment for thirty members of terrorist groups years, and fine or to participate in terrorist acts
130F
Providing training and do.
do.
do.
do.
Imprisonment for thirty instruction to terrorist groups years, and fine and persons committing terrorist acts
130FA
Receiving training and instruction do.
do.
do.
do.
Imprisonment for thirty from terrorist groups and persons years, and fine committing terrorist acts
130FB
Attendance at place used do.
do.
do.
do.
Imprisonment for ten for terrorist training years, or with fine
130G
Inciting, promoting or soliciting do.
do.
do.
do.
Imprisonment for thirty property for the commission years, and fine of terrorist acts
130H
Providing facilities in support
May arrest without
Warrant
Not bailable
Not
Imprisonment for thirty years, and fine of terrorist acts warrant compoundable
130I
Directing activities of terrorist do.
do.
do.
do.
Death or imprisonment for a groups term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes;
or imprisonment for not less than seven years but not exceeding thirty years, and fine
Criminal Procedure Code 251
130J
Soliciting or giving support do.
do.
do.
do.
Imprisonment for a term to terrorist groups or the not exceeding forty years, or commission of terrorist acts fine, and forfeiture of certain property
130JA
Travelling to, through or from do.
do.
do.
do.
Imprisonment for thirty
Malaysia for the commission of years, and fine terrorist acts in foreign country
130JB
Possession, etc., of items do.
do.
do.
do.
Imprisonment for seven associated with terrorist groups years, or with fine, and or terrorist acts forfeiture of certain property
130JC
Offence to build, etc., do.
do.
do.
do.
Imprisonment for thirty conveyance for use in terrorist years, or with fine, and acts forfeiture of conveyance
130JD
Preparation of terrorist acts do.
do.
do.
do.
Imprisonment for seven years, and fine
130K
Harbouring persons committing do.
do.
do.
do.
Imprisonment for a term not terrorist acts exceeding forty years, and fine;
or fine
130KA
Member of a terrorist group do.
do.
do.
do.
Imprisonment which may extend to forty years, and fine
130M
Intentional omission to give do.
do.
do.
do.
Imprisonment for seven information relating to years, or fine, or both terrorist acts
Suppression of Financing of Terrorist Acts
130N
Providing or collecting
May arrest without
Warrant
Not bailable
Not
Death or imprisonment for a property for terrorist acts warrant compoundable term of not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine, and forfeiture of certain property
252 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
Suppression of Financing of Terrorist Acts—(cont.)
130O
Providing services for do.
do.
do.
do.
Death or imprisonment for a term of terrorist purposes not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes;
or imprisonment for not less than seven years but not exceeding thirty years, and fine
130P
Arranging for retention or do.
do.
do.
do.
Imprisonment for control of terrorist property thirty years, and fine, and forfeiture of certain property
130Q
Dealing with terrorist do.
do.
do.
do.
Imprisonment for property twenty years; or fine, and forfeiture of certain property
130QA
Accepting gratification to facilitate
May arrest without
Warrant
Not bailable
Not
Death or imprisonment for a term of or enable terrorist acts warrant compoundable not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine
130R
Intentional omission to do.
do.
do.
do.
Imprisonment for give information about seven years, or fine, or terrorist property both
130S
Intentional omission to do.
do.
do.
do.
Imprisonment for give information relating seven years, or fine, or both to terrorism financing offence
Criminal Procedure Code 253
CHAPTER VIB—ORGANIZED CRIME
130V
Member of an organized
May arrest without
Warrant
Not bailable
Not
Imprisonment for not criminal group warrant compoundable less than five years and not more than twenty years
130W
Assisting in an organized do.
do.
do.
do.
Imprisonment which criminal group may extend to ten years
130X
Harbouring a member of do.
do.
do.
do.
Imprisonment which an organized criminal may extend to five group years, and fine
130Y
Consorting with an organized do.
do.
do.
do.
Imprisonment for not criminal group less than five years and not more than twenty years
130Z
Recruiting persons to be members do.
do.
do.
do.
Imprisonment which of an organized criminal group may extend to ten years, and fine
130ZA
Participation in an organized do.
do.
do.
do.
Imprisonment which criminal group may extend to ten years, and fine
130ZB
Accepting gratification to do.
do.
do.
do.
Death or imprisonment for a term of facilitate or enable organized not less than thirty years but criminal activity not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes; or imprisonment for not less than seven years but not exceeding thirty years, and fine
CHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES
131
Abetting mutiny, or attempting
May arrest without
Warrant
Not bailable
Not
Imprisonment for to seduce an officer, soldier or warrant compoundable twenty years, and fine sailor from his allegiance or duty
254 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES—(cont.)
132
Abetment of mutiny, if mutiny do.
do.
do.
do.
Death; or imprisonment is committed in consequence for twenty years, and thereof fine
133
Abetment of an assault by an
May arrest without
Warrant
Not bailable
Not
Imprisonment for three officer, soldier or sailor on his warrant compoundable years, and fine superior officer, when in the execution of his office
134
Abetment of such assault, if do.
do.
do.
do.
Imprisonment for the assault is committed seven years, and fine
135
Abetment of the desertion of do.
do.
Bailable do.
Imprisonment for two an officer, soldier or sailor years, or fine, or both
136
Harbouring such an officer, do.
do.
do.
do.
do.
soldier or sailor who has deserted
137
Deserter concealed on board
Shall not arrest without
Summons
Bailable
Not
Fine of one thousand merchant vessel, through warrant compoundable ringgit negligence of master or person in charge of it
138
Abetment of act of
May arrest without
Warrant do.
do.
Imprisonment for six insubordination by an officer, warrant months, or fine, or both soldier or sailor, if the offence is committed in consequence
140
Wearing the dress or carrying do.
Summons do.
do.
Imprisonment for three any token used by a soldier, with months, or fine of one intent that it may be believed thousand ringgit, or both that he is such a soldier
Criminal Procedure Code 255
CHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY
143
Being member of an
May arrest without
Warrant
Not bailable
Not
Imprisonment for unlawful assembly warrant compoundable six months, or fine, or both
144
Possessing weapons or missiles do.
do.
do.
do.
Imprisonment for two at unlawful assemblies years, or fine, or both
145
Joining or continuing in an do.
do.
do.
do.
do.
unlawful assembly, knowing that it has been commanded to disperse
147
Rioting do.
do.
do.
do.
do.
148
Possessing weapons or missiles do.
do.
do.
do.
Imprisonment for at riot five years, or fine, or both
149
Offence committed by member
According as arrest may
According as a
According as do.
The same as for the of an unlawful assembly, other be made without warrant warrant or the offence is offence members guilty for the offence or not summons may bailable or not issue for the offence
150
Hiring, engaging or employing
May arrest without
According to do.
do.
The same as for a persons to take part in an warrant the offence member of such unlawful assembly committed by assembly and for any the person offence committed by hired, engaged any member of such or employed assembly
151
Knowingly joining or
May arrest without
Warrant
Not bailable do.
Imprisonment for six continuing in any assembly warrant months, or fine, or both of five or more persons after it has been commanded to disperse
152
Assaulting or obstructing do.
do.
do.
do.
Imprisonment for three public servant when years, or fine, or both suppressing riot, etc.
256 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY—(cont.)
153
Wantonly giving provocation do.
do.
do.
do.
Imprisonment for one with intent to cause riot, if year, or fine, or both rioting is committed
153
If not committed do.
do.
do.
do.
Imprisonment for six months, or fine, or both
154
Owner or occupier of land not
Shall not arrest without
Summons
Bailable do.
Fine of two thousand giving information of riot, etc.
warrant ringgit
155
Person for whose benefit or on do.
do.
do.
do.
Fine whose behalf a riot takes place not using all lawful means to prevent it
156
Agent of owner or occupier do.
do.
do.
do.
Fine for whose benefit a riot is committed not using all lawful means to prevent it
157
Harbouring persons hired for
May arrest without do.
do.
do.
Imprisonment for six an unlawful assembly warrant months, or fine, or both
158
Being hired to take part in an do.
do.
do.
do.
do.
unlawful assembly or riot
158
Or to go armed do.
Warrant do.
do.
Imprisonment for two years, or fine, or both
160
Committing affray
Shall not arrest without
Summons do.
do.
Imprisonment for six warrant months or fine of one thousand ringgit, or both
Criminal Procedure Code 257
CHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS
161
Being or expecting to be a
Shall not arrest without
Summons
Bailable
Not
Imprisonment for public servant, and taking a warrant compoundable three years, or fine, gratification other than legal or both remuneration in respect of an official act
162
Taking a gratification in order do.
do.
do.
do.
do.
by corrupt or illegal means to influence a public servant
163
Taking a gratification for the do.
do.
do.
do.
Imprisonment for one exercise of personal influence year, or fine, or both with a public servant
164
Abetment by public servant of do.
do.
do.
do.
Imprisonment for three the offences defined in the last years, or fine, or both two preceding clauses with reference to himself
165
Public servant obtaining any
Shall not arrest without
Summons
Bailable
Not
Imprisonment for two valuable thing, without warrant compoundable years, or fine, or both consideration, from a person concerned in any proceeding or business transacted by such public servant
166
Public servant disobeying a do.
do.
do.
do.
Imprisonment for one direction of the law with intent year, or fine, or both to cause injury to any person
167
Public servant framing an do.
do.
do.
do.
Imprisonment for incorrect document with intent three years, or fine, or to cause injury both
168
Public servant unlawfully do.
do.
do.
do.
Imprisonment for one engaging in trade year, or fine, or both
258 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS—(cont.)
169
Public servant unlawfully do.
do.
do.
do.
Imprisonment for two buying or bidding for property years, or fine, or both, and confiscation of property if purchased
170
Personating a public servant
May arrest without
Warrant do.
do.
Imprisonment for two warrant years, or fine, or both
171
Wearing garb or carrying token do.
Summons do.
do.
Imprisonment for three used by public servant with months, or fine of four fraudulent intent hundred ringgit, or both
CHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172
Absconding to avoid service of
Shall not arrest without
Summons
Bailable
Not
Imprisonment for one summons or other proceeding warrant compoundable month, or fine of one from a public servant thousand ringgit, or both
172
If summons or notice require do.
do.
do.
do.
Imprisonment for six attendance in person, etc., months, or fine of two in a Court thousand ringgit, or both
173
Preventing the service or the do.
do.
do.
do.
Imprisonment for one affixing of any summons or month, or fine of one notice, or the removal of it thousand ringgit, or both when it has been affixed, or preventing a proclamation
173
If summons, etc., require do.
do.
do.
do.
Imprisonment for six attendance in person, etc., months, or fine of two in a Court
Criminal Procedure Code 259
174
Not obeying a legal order to do.
do.
do.
do.
Imprisonment for one attend at a certain place in month, or fine of one person or by agent, or departing thousand ringgit, or both from it without authority
174
If the order require personal do.
do.
do.
do.
Imprisonment for six attendance, etc., in a Court months, or fine of two thousand ringgit, or both
175
Intentionally omitting to do.
do.
do.
do.
Imprisonment for one produce a document to a public month, or fine of one servant by a person legally thousand ringgit, or both bound to produce or deliver such document
175
If the document is required
Shall not arrest without
Summons
Bailable
Not
Imprisonment for six to be produced in or warrant compoundable months, or fine of two delivered to a Court thousand ringgit, or both
176
Intentionally omitting to do.
do.
do.
do.
Imprisonment for one give notice or information month, or fine of one to a public servant by a thousand ringgit, or both person legally bound to give such notice or information
176
If the notice of information do.
do.
do.
do.
Imprisonment for six required respects the commission months, or fine of two of an offence, etc.
thousand ringgit, or both
176
If the notice of information do.
do.
do.
do.
Imprisonment for seven required respects the commission years, or fine, or both of offences under Chapter VIB
177
Knowingly furnishing false do.
do.
do.
do.
Imprisonment for six information to a public servant months, or fine of two thousand ringgit, or both
177
If the information required do.
do.
do.
do.
Imprisonment for two respects the commission of years, or fine, or both an offence, etc.
260 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS—(cont.)
178
Refusing oath when duly do.
do.
do.
do.
Imprisonment for six required to take oath by a months, or fine of public servant two thousand ringgit, or both
179
Being legally bound to state do.
do.
do.
do.
do.
truth, and refusing to answer questions
180
Refusing to sign a statement do.
do.
do.
do.
Imprisonment for made to a public servant when three months, or fine legally required to do so of one thousand ringgit, or both
181
Knowingly stating to a public do.
Warrant do.
do.
Imprisonment for servant on oath as true that three years, and fine which is false
182
Giving false information to a do.
Summons do.
do.
Imprisonment for six public servant in order to cause months, or fine of him to use his lawful power to two thousand ringgit, or the injury or annoyance of any both person
183
Resistance to the taking of do.
do.
do.
do.
do.
property by the lawful authority of a public servant
184
Obstructing sale of property do.
do.
do.
do.
Imprisonment for one offered for sale by authority of a month, or fine of one public servant thousand ringgit, or both
Criminal Procedure Code 261
185
Bidding by a person under a do.
do.
do.
do.
Imprisonment for one legal incapacity to purchase it, month, or fine of four for property at a lawfully hundred ringgit, or authorized sale, or bidding both without intending to perform the obligations incurred by it
186
Obstructing public servant in
May arrest without
Warrant
Not bailable
Not
Imprisonment for discharge of his public warrant compoundable two years, or fine functions of ten thousand ringgit, or both
187
Omission to assist public
Shall not arrest
Summons
Bailable do.
Imprisonment for one servant when bound by law to without warrant month, or fine of four give such assistance hundred ringgit, or both
187
Wilfully neglecting to aid a do.
do.
do.
do.
Imprisonment for six public servant who demands aid months, or fine of one in the execution of process, the thousand ringgit, or prevention of offences, etc.
both
188
Disobedience to an order do.
do.
do.
do.
Imprisonment for one lawfully promulgated by a month, or fine of four public servant, if such hundred ringgit, or disobedience causes obstruction, both annoyance or injury to persons lawfully employed
188
If such disobedience causes do.
do.
do.
do.
Imprisonment for six danger to human life, health or months, or fine of safety, etc.
two thousand ringgit, or both
189
Threatening a public servant do.
do.
do.
do.
Imprisonment for two with injury to him or one in years, or fine, or both whom he is interested, to induce him to do or forebear to do any official act
262 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS—(cont.)
190
Threatening any person to do.
do.
do.
do.
Imprisonment for one induce him to refrain from year, or fine, or both making a legal application for protection from injury
CHAPTER XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
193
Giving or fabricating false
Shall not arrest
Warrant
Bailable
Not
Imprisonment for evidence in a judicial without warrant compoundable seven years, and fine proceeding
193
Giving or fabricating false do.
do.
do.
do.
Imprisonment for evidence in any other case three years, and fine
194
Giving or fabricating false do.
do.
Not bailable do.
Imprisonment for evidence with intent to cause twenty years, and fine any person to be convicted of a capital offence
194
If innocent person is thereby do.
do.
do.
do.
Death, or as above convicted and executed
195
Giving or fabricating false do.
do.
do.
do.
The same as for the evidence with intent to procure offence conviction of an offence punishable with imprisonment for life or with imprisonment for seven years or upwards
196
Using in a judicial proceeding
Shall not arrest
Warrant
According as
Not
The same as for evidence known to be false or without warrant the offence of compoundable giving or fabricating fabricated giving such false evidence evidence is bailable or not
Criminal Procedure Code 263
197
Knowingly issuing or signing do.
do.
Bailable do.
The same as for a false certificate relating to giving false evidence any fact of which such certificate is by law admissible in evidence
198
Using as a true certificate one do.
do.
do.
do.
do.
known to be false in a material point
199
False statement made in any do.
do.
do.
do.
do.
declaration which is by law receivable as evidence
200
Using as true any such do.
do.
do.
do.
do.
declaration known to be false
201
Causing disappearance of do.
do.
do.
do.
Imprisonment for evidence of an offence seven years, and fine committed, or giving false information touching it, to screen the offender, if a capital offence
201
If punishable with imprisonment do.
do.
do.
do.
Imprisonment for for life or imprisonment for ten three years, and fine years or upwards
201
If punishable with less than ten do.
do.
do.
do.
Imprisonment for a years’ imprisonment quarter of the longest term provided for the offence, or fine, or both
202
Intentional omission to give do.
Summons do.
do.
Imprisonment for six information of an offence by a months, or fine, or person legally bound to inform both
264 Laws of Malaysia ACT 593
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
203
Giving false information do.
Warrant do.
do.
Imprisonment for two respecting an offence committed years, or fine, or both
203A
Disclosure of information do.
do.
do.
do.
Fine not more than one million ringgit, or imprisonment which may extend to one year, or both
204
Secreting or destroying any do.
do.
do.
do.
Imprisonment for two document to prevent its years, or fine, or both production as evidence
205
False personation for the do.
do.
do.
do.
Imprisonment for purpose of any act or three years, or fine, or proceeding in a suit or criminal both prosecution, or for becoming bail or security
206
Fraudulent removal or
Shall not arrest
Warrant
Bailable
Not
Imprisonment for two concealment, etc., of property without warrant compoundable years, or fine, or both to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree
207
Claiming property without right, do.
do.
do.
do.
do.
or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree
Criminal Procedure Code 265
208
Fraudulently suffering a decree do.
do.
do.
do.
do.
to pass for a sum not due, or suffering decree to be executed after it has been satisfied
209
False claim in a Court do.
do.
do.
do.
Imprisonment for two years, and fine
210
Fraudulently obtaining a decree do.
do.
do.
do.
Imprisonment for two for a sum not due, or causing a years, or fine, or both decree to be executed after it has been satisfied
211
False charge of offence made do.
do.
do.
do.
do.
with intent to injure
211
If offence charged is capital, or do.
do.
do.
do.
Imprisonment for punishable with death, seven years, and fine imprisonment for life, or imprisonment for a term not less than seven years
212
Harbouring an offender, if the
May arrest without do.
do.
do.
Imprisonment for offence is capital warrant five years, and fine
212
If punishable with imprisonment do.
do.
do.
do.
Imprisonment for for life, or with imprisonment three years, and fine for ten years or upwards
212
If punishable with imprisonment do.
do.
do.
do..
Imprisonment for a for one year and not for ten years quarter of the longest term provided for the offence, or fine, or both
266 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
213
Taking gift, etc., to screen an
Shall not arrest do.
do.
do.
Imprisonment for offender from punishment, if without warrant seven years, and fine the offence is capital
213
If punishable with imprisonment do.
do.
do.
do.
Imprisonment for for life, or with imprisonment three years, and fine for ten years or upwards
213
If with imprisonment for less than do.
do.
do.
do.
Imprisonment for a ten years quarter of the longest term provided for the offence, or fine, or both
214
Offering gift or restoration of do.
do.
do.
do.
Imprisonment for property in consideration of seven years, and fine screening offender if the offence is capital
214
If punishable with imprisonment
Shall not arrest
Warrant
Bailable
Not
Imprisonment for for life, or with imprisonment without warrant compoundable three years, and fine for ten years or upwards
214
If with imprisonment for less do.
do.
do.
do.
Imprisonment for a than ten years quarter of the longest term provided for the offence, or fine, or both
215
Taking gift to help to recover do.
do.
do.
do.
Imprisonment for two movable property of which a years, or fine, or both person has been deprived by an offence, without causing apprehension of offender
Criminal Procedure Code 267
216
Harbouring an offender who
May arrest without do.
do.
do.
Imprisonment for has escaped from custody, warrant seven years, and fine or whose apprehension has been ordered, if the offence is capital
216
If punishable with imprisonment do.
do.
do.
do.
Imprisonment for for life, or with imprisonment three years, with for ten years or upwards or without fine
216
If punishable with imprisonment do.
do.
do.
do.
Imprisonment for for one year, and not for ten years a quarter of the longest term provided for the offence, or fine, or both
216A
Harbouring robbers or gang do.
do.
do.
do.
Imprisonment for robbers seven years, and fine
217
Public servant disobeying a
Shall not arrest
Summons do.
do.
Imprisonment for two direction of law with intent to without warrant years, or fine, or both save person from punishment or property from forfeiture
218
Public servant framing an do.
Warrant do.
do.
Imprisonment for incorrect record or writing with three years, or intent to save person from fine, or both punishment or property from forfeiture
219
Public servant in a judicial do.
do.
do.
do.
Imprisonment for proceeding corruptly making or seven years, or fine, pronouncing an order, report, or both verdict or decision which he knows to be contrary to law
220
Commitment for trial or do.
do.
do.
do.
Imprisonment for confinement by a person having seven years, or fine, authority, who knows that he is or both acting contrary to law
268 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
221
Intentional omission to do.
do.
do.
do.
Imprisonment for apprehend on the part of a
.
seven years, with or public servant bound by law to without fine apprehend an offender, if the offence is capital
221
If punishable with imprisonment
Shall not arrest
Warrant
Bailable
Not
Imprisonment for for life, or imprisonment for without warrant compoundable three years, with or ten years or upwards without fine
221
If with imprisonment for less do.
do.
do.
do.
Imprisonment for than ten years two years, with or without fine
222
Intentional omission to do.
do.
Not bailable do.
Imprisonment for apprehend on the part of a twenty years, with or public servant bound by law to without fine apprehend person under sentence of a Court, if under sentence of death
222
If under sentence of do.
do.
do.
do.
Imprisonment for imprisonment for twenty years seven years, with or without fine
222
If under sentence of do.
do.
Bailable do.
Imprisonment for imprisonment for less than ten three years, or fine, or years, or lawfully committed to both custody
223
Escape from confinement do.
Summons do.
do.
Imprisonment for two negligently suffered by a public years, or fine, or both servant
Criminal Procedure Code 269
224
Resistance or obstruction by a
May arrest
Warrant do.
do.
do.
person to his lawful without warrant apprehension
225
Resistance or obstruction to the do.
do.
Not bailable do.
do.
lawful apprehension of another person, or rescuing him from lawful custody
225
If charge with an offence do.
do.
do.
do.
Imprisonment for punishable with imprisonment three years, and fine for twenty years
225
If charge with a capital offence do.
do.
do.
do.
Imprisonment for seven years, and fine
225
If the person is sentenced to do.
do.
do.
do.
do.
imprisonment for ten years or upwards
225
If under sentence of death do.
do.
do.
do.
Imprisonment for twenty years, and fine
Intentional omission to do.
do.
Bailable do.
Imprisonment for apprehend on part of a public three years, or fine, or servant bound by law to both apprehend any person in a case not provided for in section 221,
222 or 223
Negligent omission to do same do.
do.
do.
do.
Imprisonment for two years, or fine, or both
Resistance or obstruction by a do.
Summons do.
do.
Imprisonment for six person to the lawful months, or fine, or apprehension of himself or any both other person in a case not otherwise provided for
225B
Unspecified illegal act or
May arrest
Summons
Bailable
Not
Imprisonment for twelve omission without warrant compoundable months, or fine of two thousand ringgit, or both
270 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
227
Violation of condition of
Shall not arrest do.
Not bailable do.
Punishment of remission of punishment without warrant original sentence; or, if part of the punishment has been undergone, the residue
228
Intentional insult or do.
do.
Bailable do.
Imprisonment for six interruption to a public months, or fine of servant sitting in any two thousand ringgit, stage of a judicial or both proceeding
229
Personation of an assessor do.
do.
do.
do.
Imprisonment for two years, or fine, or both
CHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
231
(Deleted)
232
Counterfeiting, or performing
May arrest
Warrant
Not bailable
Not
Imprisonment for any part of the process of without warrant compoundable twenty years, and fine counterfeiting current coin
233
(Deleted)
234
Making, buying or selling do.
do.
do.
do.
Imprisonment for instrument for the purpose of seven years, and fine counterfeiting current coin
235
Possession of instrument or do.
do.
do.
do.
Imprisonment for ten material for the purpose of years, and fine using the same for counterfeiting coin
Criminal Procedure Code 271
236
Abetting in Malaysia the do.
do.
do.
do.
The punishment counterfeiting out of Malaysia provided for abetting of coin the counterfeiting of such coin within Malaysia
237
(Deleted)
238
Import or export of counterfeits do.
do.
do.
do.
Imprisonment for of current coin, knowing the twenty years, and fine same to be counterfeit
239
(Deleted)
240
Delivery of coin, possessed do.
do.
do.
do.
Imprisonment for ten with the knowledge that it is years, and fine counterfeit
241
Knowingly delivering to do.
do.
do.
do.
Imprisonment for another any counterfeit coin as five years, and fine genuine which, when first possessed, the deliverer did not know to be counterfeit
242
(Deleted)
243
Possession of current coin by a
May arrest
Warrant
Not bailable
Not
Imprisonment for person who knew it to be without warrant compoundable seven years, and fine counterfeit when he became possessed of it
246
(Deleted)
247
Fraudulently diminishing the do.
do.
do.
do.
Imprisonment for weight or altering the seven years, and fine composition of current coin
248
(Deleted)
272 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS—(cont.)
249
Altering appearance of current do.
do.
do.
do.
Imprisonment for coin with intent that it shall seven years, and fine pass as a coin of a different description
250
(Deleted)
251
Delivery of current coin do.
do.
do.
do.
Imprisonment for ten possessed with the knowledge years, and fine that it is altered
252
(Deleted)
253
Possession of current coin by do.
do.
do.
do.
Imprisonment for a person who knew it to be five years, and fine altered when he became possessed of it
254
Delivery to another of coin as do.
do.
do.
do.
Imprisonment for genuine which, when first ten years, and fine possessed, the deliverer did not know to be altered
255
Counterfeiting a Government do.
do.
Bailable do.
Imprisonment for stamp twenty years, and fine
256
Having possession of an do.
do.
do.
do.
Imprisonment for instrument or material for the seven years, and fine purpose of counterfeiting a
Government stamp
257
Making, buying or selling do.
do.
do.
do.
do.
instrument for the purpose of counterfeiting a Government stamp
Criminal Procedure Code 273
258
Sale of counterfeit Government do.
do.
do.
do.
do.
stamp
259
Having possession of a do.
do.
do.
do.
do.
counterfeit Government stamp
260
Using as genuine a do.
do.
do.
do.
Imprisonment for
Government stamp known to seven years, or fine, be counterfeit or both
261
Effacing any writing from a
May arrest
Warrant
Bailable
Not
Imprisonment for substance bearing a without warrant compoundable three years, or fine, or
Government stamp, or both removing from a document a stamp used for it with intent to cause loss to Government
262
Using a Government stamp do.
do.
do.
do.
Imprisonment for two known to have been used years, or fine, or both before
263
Erasure of mark denoting that do.
do.
do.
do.
Imprisonment for three stamp has been used years, or fine, or both
CHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES
264
Fraudulent use of false
Shall not arrest
Summons
Bailable
Not
Imprisonment for one instrument for weighing without warrant compoundable year, or fine, or both
265
Fraudulent use of false weight do.
do.
do.
do.
do.
or measure
266
Being in possession of false do.
do.
do.
do.
do.
weights or measures for fraudulent use
274 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES—(cont.)
267
Making or selling false do.
do.
do.
do.
do.
weights or measures for fraudulent use
CHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCYAND MORALS
269
Negligently doing any act
May arrest
Summons
Bailable
Not
Imprisonment for six known to be likely to spread without warrant compoundable months, or fine, or infection of any disease both dangerous to life
270
Malignantly doing any act do.
do.
do.
do.
Imprisonment for two known to be likely to spread years, or fine, or both infection of any disease dangerous to life
271
Knowingly disobeying any
Shall not arrest do.
do.
do.
Imprisonment for six quarantine rule without warrant months, or fine, or both
272
Adulterating food or drink do.
do.
do.
do.
Imprisonment for six intended for sale so as to months, or fine of two make the same noxious thousand ringgit, ot both
273
Selling any food or drink as do.
do.
do.
do.
do.
food and drink knowing the same to be noxious
274
Adulterating any drug or
Shall not arrest
Summons
Bailable
Not
Imprisonment for six medical preparation intended without warrant compoundable months, or fine of two for sale so as to lessen its thousand ringgit, or both efficacy, or to change its operation, or to make it noxious
Criminal Procedure Code 275
275
Offering for sale, or issuing do.
do.
do.
do.
do.
from a dispensary any drug or medical preparation known to have been adulterated
276
Knowingly selling or issuing do.
do.
do.
do.
do.
from a dispensary any drug or medical preparation as a different drug or medical preparation
277
Defiling the water of a public
May arrest do.
do.
do.
Imprisonment for spring or reservoir without warrant three months, or fine of one thousand ringgit, or both
278
Making atmosphere noxious to
Shall not arrest do.
do.
do.
Fine of one thousand health without warrant ringgit
279
Driving or riding on a public
May arrest do.
do.
do.
Imprisonment for six way so rashly or negligently without warrant months, or fine of as to endanger human life, etc.
two thousand ringgit, or both
280
Navigating any vessel so do.
do.
do.
do.
do.
rashly or negligently as to endanger human life, etc.
281
Exhibition of a false light, do.
Warrant do.
do.
Imprisonment for mark or buoy seven years, or fine, or both
282
Conveying for hire any do.
Summons do.
do.
Imprisonment for six person by water in a vessel months, or fine of in such a state or so loaded two thousand ringgit, as to endanger his life or both
276 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY
AND MORALS —(cont.)
283
Causing danger, obstruction or do.
do.
do.
do.
Fine of four hundred injury in any public way or line ringgit of navigation
284
Dealing with any poisonous
Shall not arrest do.
do.
do.
Imprisonment for six substance so as to endanger without warrant months, or fine of human life, etc.
two thousand ringgit, or both
285
Dealing with fire or any
May arrest do.
do.
do.
do.
combustible matter so as to without warrant endanger human life, etc.
286
So dealing with any explosive do.
do.
do.
do.
do.
substance
287
So dealing with any
Shall not arrest
Summons
Bailable
Not
Imprisonment for six machinery without warrant compoundable months, or fine of two thousand ringgit, or both
288
A person omitting to guard do.
do.
do.
do.
Imprisonment for six against probable danger to months, or fine of human life by the fall of any two thousand ringgit, building over which he has a or both right entitling him to put it down or repair it
289
A person omitting to take order
May arrest without do.
do.
do.
do.
with any animal in his warrant possession so as to guard against danger to human life or of grievous hurt from such animal
Criminal Procedure Code 277
290
Committing a public nuisance
Shall not arrest do.
do.
do.
Fine of four hundred without warrant ringgit
291
Continuance of nuisance after
May arrest do.
do.
do.
Imprisonment for six injunction to discontinue without warrant months, or fine, or both
292
Having in possession obscene do.
Warrant do.
do.
Imprisonment for books, etc., for sale or three years, or fine, or exhibition both
293
Sale, etc., of obscene objects do.
do.
do.
do.
Imprisonment for to young person five years, or fine, or both
294
Obscene songs do.
do.
do.
do.
Imprisonment for three months, or fine, or both
CHAPTER XV—OFFENCES RELATING TO RELIGION
295
Destroying, damaging or
May arrest
Summons
Bailable
Compoundable
Imprisonment for two defiling a place of worship or without warrant years, or fine, or both sacred object with intent to insult the religion of any class of persons
296
Causing a disturbance to an do.
do.
do.
do.
Imprisonment for one assembly engaged in religious year, or fine, or both worship
CHAPTER XV—OFFENCES RELATING TO RELIGION—(cont.)
297
Trespassing in place of do.
do.
do.
do.
do.
worship or sepulchre, disturbing funeral with intention to wound the feelings or to insult the religion of any person, or offering indignity to a human corpse
278 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
298
Uttering any word or making
Shall not arrest
Summons
Bailable
Compoundable
Imprisonment for one any sound in the hearing, or without warrant year, or fine, or both making any gesture or placing any object in the sight of any person with intention to wound his religious feeling
298A
Causing, etc., disharmony,
May arrest
Warrant
Not bailable
Not
Imprisonment for disunity, or feelings of without warrant compoundable five years enmity, hatred or ill will or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion
CHAPTER XVI—OFFENCES AFFECTING THE HUMAN BODY
Offences Affecting Life
302
Murder
May arrest
Warrant
Not bailable
Not
Death or imprisonment for a term of without warrant compoundable not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes
304
Culpable homicide not do.
do.
do.
do.
Imprisonment for amounting to murder, if act thirty years, and fine by which the death is caused is done with intention of causing death, etc.
304
If act is done with knowledge do.
do.
do.
do.
Imprisonment for ten that it is likely to cause death, years, or fine, or both but without any intention to cause death, etc.
Criminal Procedure Code 279
304A
Causing death by rash or do.
do.
Bailable do.
Imprisonment for two negligent act years, or fine, or both
305
Abetment of suicide do.
do.
Not bailable do.
Death, or imprisonment committed by a child, or for twenty years, and insane or delirious person, or fine an idiot, or a person intoxicated
306
Abetting the commission of do.
do.
do.
do.
Imprisonment for ten suicide years, and fine
307
Attempt to murder do.
do.
do.
do.
do.
307
If such act cause hurt to any do.
do.
do.
do.
Imprisonment for person twenty years
307
(Deleted by Act 846)
308
Attempt to commit culpable do.
do.
Bailable do.
Imprisonment for homicide three years, or fine, or both
308
If such act cause hurt to any do.
do.
do.
do.
Imprisonment for person seven years, or fine, or both
309
Attempt to commit suicide do.
do.
do.
do.
Imprisonment for one year, or fine, or both
309B
Infanticide do.
do.
Not bailable do.
Imprisonment for twenty years, and fine
Causing Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Births
312
Causing miscarriage
Shall not arrest
Warrant
Bailable
Not
Imprisonment for without warrant compoundable three years, or fine, or both
312
If the woman is quick with do.
do.
do.
do.
Imprisonment for child seven years, and fine
280 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
313
Causing miscarriage without do.
do.
Not bailable do.
Imprisonment for woman’s consent twenty years, and fine
314
Death caused by an act done do.
do.
do.
do.
Imprisonment for ten with intent to cause years, and fine miscarriage
314
If act done without woman’s do.
do.
do.
do.
Imprisonment for consent twenty years
315
Act done with intent to do.
do.
do.
do.
Imprisonment for ten prevent a child being born years, or fine, or both alive, or to cause it to die after its birth
316
Causing death of a quick do.
do.
do.
do.
Imprisonment for ten unborn child by an act years, and fine amounting to culpable homicide
317
Exposure of a child under
May arrest do.
Bailable do.
Imprisonment for twelve years of age by parent without warrant seven years, or fine, or person having care of it, or both with intention of wholly abandoning it
318
Concealment of birth by do.
do.
do.
do.
Imprisonment for two secret disposal of dead body years, or fine, or both
Hurt
323
Voluntarily causing hurt
Shall not arrest
Summons
Bailable
Compoundable
Imprisonment for one without warrant year, or fine of two thousand ringgit, or both
Criminal Procedure Code 281
324
Voluntarily causing hurt by
May arrest without
Warrant
Not bailable
Not
Imprisonment for dangerous weapons or means warrant compoundable ten years, or fine, or whipping, or any two of such punishments
325
Voluntarily causing grievous do.
Summons
Bailable
Compoundable
Imprisonment for hurt when permission seven years, and fine is given
326
Voluntarily causing grievous do.
Warrant
Not bailable
Not
Imprisonment for hurt by dangerous weapons compoundable twenty years, and fine or means or whipping
326A
Causing hurt by spouse do.
do.
do.
do.
Imprisonment for a term twice as long as the maximum term for which he would have been liable on conviction for that offence under the relevant section
Hurt—(cont.)
327
Voluntarily causing hurt to
May arrest without.
Warrant
Not bailable
Not
Imprisonment for ten extort property or a valuable warrant compoundable years, and fine or security, or to constrain to do whipping anything which is illegal or which may facilitate the commission of an offence
328
Administering stupefying drug do.
do.
do.
do.
Imprisonment for ten with intent to cause hurt, etc.
years, and fine
329
Voluntarily causing grievous do.
do.
do.
do.
Imprisonment for hurt to extort property or a twenty years, and fine valuable security, or to or whipping constrain to do anything which is illegal or which may facilitate the commission of an offence
282 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
330
Voluntarily causing hurt to do.
do.
Bailable do.
Imprisonment for extort confession or seven years, and fine information, or to compel restoration of property, etc.
331
Voluntarily causing grievous do.
do.
Not bailable do.
Imprisonment for ten hurt to extort confession or years, and fine information, or to compel restoration of property, etc.
332
Voluntarily causing hurt to do.
do.
Bailable do.
Imprisonment for deter public servant from his three years, or fine, or duty both
333
Voluntarily causing grievous do.
do.
Not bailable do.
Imprisonment for ten hurt to deter public servant years, and fine from his duty
334
Voluntarily causing hurt on
Shall not arrest
Summons
Bailable
Compoundable
Imprisonment for one grave and sudden provocation, without warrant month, or fine of one not intending to hurt any thousand ringgit, or other than the person who both gave the provocation
335
Causing grievous hurt on
May arrest without do.
do.
Compoundable
Imprisonment for grave and sudden provocation, warrant when four years, or fine of not intending to hurt any permission is four thousand ringgit, or other than the person who given both gave the provocation
336
Doing any act which do.
do.
do.
Not
Imprisonment for endangers human life or the compoundable three months, or fine personal safety of others of five hundred ringgit, or both
Criminal Procedure Code 283
337
Causing hurt by an act do.
do.
do.
Compoundable
Imprisonment for six which endangers human when months, or fine of one life, etc.
permission thousand ringgit, or is given both
338
Causing grievous hurt by do.
do.
do.
do.
Imprisonment for two an act which endangers years, or fine of two human life, etc.
thousand ringgit, or both
Wrongful Restraint and Wrongful Confinement
341
Wrongly restraining any
May arrest without
Summons
Bailable
Compoundable
Imprisonment for one person warrant month, or fine of one thousand ringgit, or both
342
Wrongly confining any do.
do.
do.
do.
Imprisonment for one person year, or fine of two thousand ringgit, or both
343
Wrongfully confining for do.
do.
do.
Not
Imprisonment for two three or more days compoundable years, or fine, or both
344
Wrongfully confining for do.
do.
do.
do.
Imprisonment for ten or more days three years, and fine
345
Keeping any person in
Shall not arrest do.
do.
do.
Imprisonment for two wrongful confinement, without warrant years, in addition to knowing that a writ has imprisonment under been issued for his any other section liberation
346
Wrongful confinement in
May arrest without do.
do.
do.
do.
secret warrant
347
Wrongful confinement for do.
do.
do.
do.
Imprisonment for the purpose of extorting three years, and fine property, or constraining to an illegal act, etc.
284 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
348
Wrongful confinement for do.
do.
do.
do.
do.
the purpose of extorting confession or information, or of compelling restoration of property, etc.
Criminal Force and Assault
352
Assault or use of criminal
Shall not arrest
Summons
Bailable
Compoundable
Imprisonment for force otherwise than on without warrant three months, or fine grave provocation of one thousand ringgit, or both
352A
Using criminal force by do.
do.
do.
do.
Imprisonment which spouse may extend to six months, or fine which may extend to two thousand ringgit, or both
353
Assault or use of criminal
May arrest without
Warrant do.
Not
Imprisonment for two force to deter a public warrant compoundable years, or fine, or both servant from discharge of his duty
354
Assault or use of criminal
May arrest without
Warrant
Bailable
Not
Imprisonment for ten force to a woman with intent warrant compoundable years, or fine, or to outrage her modesty whipping, or any two of such punishments
Criminal Force and Assault—(cont.)
355
Assault or criminal force
Shall not arrest
Summons do.
Compoundable
Imprisonment for two with intent to dishonour a without warrant years, or fine, or both person, otherwise than on grave and sudden provocation
Criminal Procedure Code 285
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
Criminal Force and Assault—(cont.)
356
Assault or criminal force in
May arrest without
Warrant
Not bailable
Not
Imprisonment for two attempt to commit theft of warrant compoundable years, or fine, or property worn or carried by whipping, or any two a person of such punishments
357
Assault or use of criminal do.
do.
Bailable do.
Imprisonment for one force in attempt wrongfully year, or fine of two to confine a person thousand ringgit, or both
358
Assault or use of criminal
Shall not arrest
Summons do.
Compoundable
Imprisonment for one force on grave and sudden without warrant month, or fine of four provocation hundred ringgit, or both
Kidnapping, Abduction, Slavery and Forced Labour
363
Kidnapping
May arrest without
Warrant
Not bailable
Not
Imprisonment for warrant compoundable seven years, and fine
364
Kidnapping or abducting in do.
do.
do.
do.
Imprisonment for a order to murder term of not more than thirty years, and whipping
365
Kidnapping or abducting do.
do.
do.
do.
Imprisonment for with intent secretly and seven years, and fine wrongfully to confine a person
366
Kidnapping or abducting a do.
do.
do.
do.
Imprisonment for ten woman to compel her years, and fine marriage or to cause her defilement, etc.
367
Kidnapping or abducting in do.
do.
do.
do.
do.
order to subject a person to grievous hurt, slavery, etc.
286 Laws of Malaysia ACT 593
368
Concealing or keeping in do.
do.
do.
do.
Punishment for confinement a kidnapped kidnapping or person abduction
369
Kidnapping or abducting a do.
do.
do.
do.
Imprisonment for child with intent to take seven years, and fine property from the person of the child
370
Buying or disposing of any
Shall not arrest do.
Bailable do.
do.
person as a slave without warrant
371
Habitual dealing in slaves
May arrest
Warrant
Not bailable
Not
Imprisonment for without warrant compoundable twenty years, and fine
372
Exploiting any person for do.
do.
do.
do.
Imprisonment for purposes of prostitution fifteen years and whipping, and fine
372A
Persons living on or trading do.
do.
do.
do.
do.
in prostitution
372B
Soliciting for purposes do.
do.
do.
do.
Imprisonment for one of prostitution year, or fine, or both
373
Suppression of brothels do.
do.
do.
do.
Imprisonment for fifteen years, and fine
Kidnapping, Abduction, Slavery and Forced Labour—(cont.)
373A
(Deleted)
374
Unlawful compulsory labour do.
do.
Bailable
Compoundable
Imprisonment for one year, or fine, or both
Criminal Procedure Code 287
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
Hostage-Taking
374A
Hostage-taking
May arrest without
Warrant
Not bailable
Not
Death or imprisonment for a term of warrant compoundable not less than thirty years but not exceeding forty years, and if not sentenced to death, with whipping of not less than twelve strokes;
or imprisonment for not less than seven years but not exceeding thirty years, and fine
Rape, Incest and Unnatural Offences
375A
Husband causing hurt in
May arrest without
Warrant
Not bailable
Not
Imprisonment for order to have sexual warrant compoundable five years intercourse
375B
Gang rape do.
do.
do.
do.
Imprisonment for not less than ten years, and not more than thirty years
376(1)
Rape do.
do.
do.
do.
Imprisonment for twenty years, and whipping
376(2)
Aggravated rape do.
do.
do.
do.
Imprisonment for not less than ten years and not more than thirty years, and whipping
376(3)
Incestuous rape do.
do.
do.
do.
Imprisonment for not less than eight years and not more than thirty years, and whipping not less than ten strokes
288 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
376(4)
Causing death while do.
do.
do.
do.
Death or imprisonment committing or attempting for not less than fifteen to commit rape years and not more than thirty years and whipping not less than ten strokes
376B
Incest
May arrest without
Warrant
Not bailable
Not
Imprisonment for warrant compoundable not less than ten years and not more than thirty years, and whipping
377
Buggery with an animal do.
do.
do.
do.
Imprisonment for twenty years, and fine, or whipping
377B
Carnal intercourse against do.
do.
do.
do.
Imprisonment for the order of nature twenty years, and whipping
Rape, Incest and Unnatural Offences—(cont.)
377C
Carnal intercourse against do.
do.
do.
do.
Imprisonment for not the order of nature without less than five years consent, etc.
and not more than twenty years, and whipping
377CA
Sexual connection by do.
do.
do.
do.
Imprisonment for not object less than five years and not more than thirty years and whipping
377D
Outrage on decency do.
do.
do.
do.
Imprisonment for two years
Criminal Procedure Code 289
377E
Inciting a child to an act of do.
do.
do.
do.
Imprisonment for not gross indecency less than three years and not more than fifteen years, and whipping
CHAPTER XVII—OFFENCES AGAINST PROPERTY
Theft
379
Theft
May arrest without
Warrant
Not bailable
Not
Imprisonment for warrant compoundable seven years, or fine, or both; for a second or subsequent offence imprisonment, and fine, or whipping
379A(1)
Punishment for theft of a do.
do.
do.
do.
Imprisonment for not motor vehicle less than one year and not more than seven years, and fine
380
Theft in a building, tent, or do.
do.
do.
do.
Imprisonment for ten vessel years, and fine; for a second or subsequent offence imprisonment, and fine, or whipping
381
Theft by clerk or servant of do.
do.
do.
do.
Imprisonment for property in possession of seven years, and fine master or employer
382
Theft, preparation having
May arrest without
Warrant
Not bailable
Not
Imprisonment for ten been made for causing death warrant compoundable years, and fine, or or hurt, or restraint, or fear whipping of death, or of hurt or of restraint, in order to the committing of such theft or to retiring after committing it, or to retaining property taken by it
290 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
Extortion
384
Extortion
May arrest without
Warrant
Not bailable
Not
Imprisonment for ten warrant compoundable years, or fine, or whipping, or any two of such punishments
385
Putting or attempting to put do.
do.
do.
do.
Imprisonment for in fear of injury, in order to seven years, and fine, commit extortion or whipping
386
Extortion by putting a person do.
do.
do.
do.
Imprisonment for in fear of death or grievous fourteen years, and hurt fine, or whipping
Extortion—(cont.)
387
Putting or attempting to put do.
do.
do.
do.
Imprisonment for ten a person in fear of death or years, and fine or grievous hurt, in order to whipping commit extortion
388
Extortion by threat of do.
do.
do. do. Imprisonment for ten accusation of an offence years, and fine or punishable with death, whipping; if the imprisonment for life, or offence threatened be imprisonment for ten years an unnatural offence imprisonment for twenty years
Criminal Procedure Code 291
389
Putting a person in fear of do.
do.
do.
do.
do.
accusation of offence punishable with death, imprisonment for life, or with imprisonment for ten years, in order to commit extortion
Robbery and Gang Robbery
392
Robbery
May arrest without
Warrant
Not bailable
Not
Imprisonment for ten warrant compoundable years, and fine
392
If committed on the highway do.
do.
do.
do.
Imprisonment for ten between sunset and sunrise fourteen years, and fine, or whipping
393
Attempt to commit robbery do.
do.
do.
do.
Imprisonment for seven years, and fine
394
Person voluntarily causing do.
do.
do.
do.
Imprisonment for hurt in committing or twenty years, and attempting to commit fine, or whipping robbery, or any other person jointly concerned in the robbery
395
Gang robbery
May arrest without
Warrant
Not bailable
Not
Imprisonment for warrant compoundable twenty years, and whipping
396
Gang robbery with murder do.
do.
do.
do.
Death, imprisonment for thirty years, and whipping
397
Robbery when armed or with do.
do.
do.
do.
Whipping in addition attempt to cause death or to the punishment grievous hurt under any other section
399
Making preparation to do.
do.
do.
do.
Imprisonment for ten commit gang robbery years, and whipping
292 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
400
Belonging to a gang of do.
do.
do.
do.
Imprisonment for persons associated for the twenty years, and purpose of habitually whipping committing gang robbery
401
Belonging to a wandering do.
do.
do.
do.
Imprisonment for gang of persons associated seven years, and fine, for the purpose of habitually or whipping committing thefts
Robbery and Gang Robbery—(cont.)
402
Being one of five or more do.
do.
do.
do.
Imprisonment for seven persons assembled for the years, and fine, or purpose of committing gang whipping robbery
Criminal Misappropriation of Property
403
Dishonest misappropriation
Shall not arrest
Warrant
Bailable
Not
Imprisonment for not of movable property, or without warrant
Compoundable less than six months converting it to one’s own and not more than use five years, and whipping, and fine
404
Dishonest misappropriation do.
do.
do.
do.
do.
of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it
Criminal Procedure Code 293
404
If by clerk or person do.
do.
do.
do.
Imprisonment for not employed by deceased less than one year and not more than ten years, and whipping, and fine
Criminal Breach of Trust
406
Criminal breach of trust
May arrest without
Warrant
Not bailable
Not
Imprisonment for warrant compoundable ten years, and whipping, and fine
407
Criminal breach of trust by a do.
do.
do.
do.
Imprisonment for not carrier, wharfinger, etc.
less than one year, and not more than ten years, and whipping, and fine
408
Criminal breach of trust by a
May arrest without
Warrant
Not bailable
Not
Imprisonment for not clerk or servant warrant compoundable less than one year, and not more than fourteen years, and whipping, and fine
409
Criminal breach of trust by do.
do.
do.
do.
Imprisonment for not public servant, or by banker, less than two years merchant, or agent, etc.
and not more than twenty years, and whipping, and fine
Receiving Stolen Property
411
Dishonestly receiving stolen
May arrest without
Warrant
Not bailable
Not
Imprisonment for five property knowing it to be warrant compoundable years, or fine, or both;
stolen if the stolen property is a motor vehicle or any component part of it, imprisonment for not less than six months and not more than five years, and fine
411A
Receiving benefit derived from do.
do.
do.
do.
Imprisonment which criminal activities of organized may extend to criminal group six years
294 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
Receiving Stolen Property—(cont.)
412
Dishonestly receiving stolen do.
do.
do.
do.
Imprisonment for property, knowing that it twenty years, and fine was obtained by gang robbery
413
Habitually dealing in stolen do.
do.
do.
do.
do.
property
414
Assisting in concealment, or do.
do.
do.
do.
Imprisonment for seven disposal of stolen property, years, or fine, or both;
knowing it to be stolen if the stolen property is a motor vehicle or any component part of it, less than six months and not more than seven years, and fine
Cheating
417
Cheating
Shall not arrest without
Warrant
Bailable
Not
Imprisonment for warrant compoundable five years, or fine, or both
418
Cheating a person whose do.
do.
do.
do.
Imprisonment for interest the offender was seven years, or fine, bound either by law or by or both legal contract to protect
419
Cheating by personation
May arrest without do.
do.
do.
do.
warrant
420
Cheating and thereby
May arrest without
Warrant
Bailable
Not
Imprisonment for not dishonestly inducing delivery warrant compoundable less than one year and of property, or the making, not more than ten years, alteration or destruction of a and whipping, and fine valuable security
Criminal Procedure Code 295
Fraudulent Deeds and Dispositions of Property
421
Fraudulent removal or
Shall not arrest without
Warrant
Bailable
Not
Imprisonment for five concealment of property, warrant compoundable years, or fine, or both etc., to prevent distribution among creditors
422
Fraudulently preventing do.
do.
do.
do.
do.
from being made available for his creditors a debt or demand due to the offender
423
Fraudulent execution of do.
do.
do.
do.
do.
deed of transfer containing a false statement of consideration
424
Fraudulent removal or do.
do.
do.
do.
do.
concealment of property of himself or any other person, or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled
Mischief
426
Mischief
May arrest without
Warrant
Not bailable
Compoundable
Imprisonment for warrant when the only five years, or fine, loss or damage or both caused is loss or damage to a private person
427
Mischief and causing damage
May arrest without do.
Not bailable do.
Imprisonment for not to the amount of twenty-five warrant less than one year and ringgit or upwards not more than five years, or fine, or both
428
Mischief by killing, poisoning, do.
do.
Bailable
Not
Imprisonment which maiming, or rendering useless compoundable may extend to three any animal of the value of years, or with fine, five ringgit or upwards or both
296 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
429
(Deleted)
430
Mischief by causing do.
do.
Not bailable do.
Imprisonment for not diminution of supply of less than five years and water for agricultural not more than thirty years purposes, etc.
430A
Mischief affecting railway do.
do.
Bailable do.
Imprisonment for engine, train, etc.
twenty years, and fine, or whipping
431
Mischief by injury to public
May arrest without
Warrant
Bailable
Not
Imprisonment for five road, bridge, navigable river warrant compoundable years, or fine, or both or channel and rendering it impossible or less safe for travelling or conveying property
431A
Mischief by injury to do.
do.
do.
do.
Imprisonment for two telegraph cable, wire, etc.
years, or fine, or both
432
Mischief by causing do.
do.
do.
do.
Imprisonment for inundation, or obstruction to five years, or fine, or public drainage, attended both with damage
433
Mischief by destroying or do.
do.
do.
do.
Imprisonment for moving or rendering less seven years, or fine, useful a light-house or or both sea-mark, or by exhibiting false lights
434
Mischief by destroying or
Shall not arrest without do.
do.
do.
Imprisonment for one moving, etc., a landmark warrant year, or fine, or both fixed by public authority
Criminal Procedure Code 297
435
Mischief by fire or explosive
May arrest without do.
do.
do.
Imprisonment for substance with intent to warrant fourteen years, and fine cause damage to amount of fifty ringgit or upwards
436
Mischief by fire or explosive do.
do.
Not bailable do.
Imprisonment for substance with intent to twenty years, and fine destroy a house, etc.
437
Mischief with intent to do.
do.
do.
do.
Imprisonment for ten destroy or make unsafe a years, and fine decked vessel or vessel of twenty tons burden
438
The mischief described in do.
do.
do.
do.
Imprisonment for the last section when twenty years, and fine committed by fire or any explosive substance
Mischief—(cont.)
439
Running vessel ashore with do.
do.
do.
do.
Imprisonment for ten intent to commit theft, etc.
years, and fine
440
Mischief committed after do.
do.
do.
do.
Imprisonment for preparation made for five years, and fine causing death or hurt, etc.
Criminal Trespass
447
Criminal trespass
May arrest
Summons
Bailable
Compoundable
Imprisonment for without warrant six months, or fine of three thousand ringgit, or both
448
House trespass do.
Warrant do.
do.
Imprisonment for three years, or fine of five thousand ringgit, or both
298 Laws of Malaysia ACT 593 1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
449
House trespass in order to
May arrest
Warrant
Not bailable
Not
Imprisonment for the commission of an without warrant compoundable twenty years, and fine offence punishable with death
450
House trespass in order to do.
do.
do.
do.
Imprisonment for not the commission of an exceeding ten years, offence punishable with and fine imprisonment for life, imprisonment for twenty years or upwards
451
House trespass in order to do.
do.
Bailable do.
Imprisonment for two the commission of an years, and fine offence punishable with imprisonment
451
If the offence is theft do.
do.
Not bailable do.
Imprisonment for seven years, and fine
452
House trespass, having made do.
do.
do.
do.
do.
preparation for causing hurt, assault, etc.
453
Lurking house trespass or do.
do.
do.
do.
Imprisonment for three housebreaking years, and fine; for every second or subsequent offence imprisonment, and fine, or whipping
454
(Deleted)
454
(Deleted)
454
(Deleted)
Criminal Procedure Code 299
455
Lurking house trespass or do.
do.
do.
do.
Imprisonment for housebreaking after fourteen years, and preparation made for fine, or whipping causing hurt, assault, etc.
456
(Deleted)
457
Lurking house trespass or do.
do.
do.
do.
Imprisonment for housebreaking in order to five years, and fine the commission of an offence punishable with imprisonment
457
If the offence is theft do.
do.
do.
do.
Imprisonment for fourteen years, and fine
Criminal Trespass—(cont.)
457
For every second or do.
do.
do.
do.
Imprisonment as subsequent offence above, and fine, or whipping
458
(Deleted)
459
Grievous hurt caused while do.
do.
do.
do.
Imprisonment for committing lurking house twenty years, and trespass or housebreaking fine, or whipping
460
Death or grievous hurt
May arrest
Warrant
Not bailable
Not
Imprisonment for caused by one of several without warrant compoundable thirty years, and fine persons jointly concerned in housebreaking, etc.
461
Dishonestly breaking open do.
do.
Bailable do.
Imprisonment for two or unfastening any closed years, or fine, or both receptacle containing or supposed to contain property
462
Being entrusted with any do.
do.
do.
do.
Imprisonment for closed receptacle containing three years, or fine, or supposed to contain any or both property, and fraudulently opening the same
300 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER XVIII—OFFENCES RELATING TO DOCUMENTS AND TO CURRENCY NOTES
AND BANK NOTES
465
Forgery
Shall not arrest
Warrant
Bailable
Not
Imprisonment for two without warrant compoundable years, or fine, or both
466
Forgery of a record of a do.
do.
Not bailable do.
Imprisonment for
Court or of a Register of seven years, and fine
Births, etc., kept by a public servant
467
Forgery of a valuable do.
do.
do.
do.
Imprisonment for security, will, or authority to twenty years, and make or transfer any fine valuable security, or to receive any money, etc.
468
Forgery for the purpose of do.
do.
do.
do.
Imprisonment for cheating seven years, and fine
469
Forgery for the purpose of do.
do.
Bailable do.
Imprisonment for harming the reputation of three years, and fine any person, or knowing that it is likely to be used for that purpose
471
Using as genuine a forged do.
do.
do.
do.
Punishment for document which is known forgery to be forged
Criminal Procedure Code 301
472
Marking or counterfeiting a do.
do.
Not bailable do.
Imprisonment for seal, plate, etc., with intent twenty years, and fine to commit a forgery punishable under section
467 of the Penal Code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit
CHAPTER XVIII—OFFENCES RELATING TO DOCUMENTS AND TO CURRENCY NOTES
AND BANK NOTES—(cont.)
473
Marking or counterfeiting a
Shall not arrest
Warrant
Not bailable
Not
Imprisonment for seal, plate, etc., with intent without warrant compoundable seven years, and fine to commit a forgery punishable otherwise than under section 467 of the
Penal Code, or possessing with like intent any such seal, plate, etc., knowing the same to be counterfeit
474
Having possession of a do.
do.
do.
do.
do.
document knowing it to be forged, with intent to use it as genuine; if the document is one of the description mentioned in section 466 of the Penal Code
474
If the document is one of the do.
do.
do.
do.
Imprisonment for description mentioned in twenty years, and fine section 467 of the Penal
Code
475
Counterfeiting a device or do.
do.
do.
do.
Imprisonment for mark used for authenticating twenty years, and documents described in fine section 467 of the Penal
Code, or possessing counterfeit marked material
302 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
476
Counterfeiting a device or do.
do.
do.
do.
Imprisonment for mark used for authenticating seven years, and fine documents other than those described in section 467 of the Penal Code, or possessing counterfeit marked material
477
Fraudulently destroying or do.
do.
do.
do.
Imprisonment for defacing, or attempting to twenty years and fine destroy or deface, or secreting a will, etc.
477A
Falsification of accounts do.
do.
do.
do.
Imprisonment for seven years, or fine, or both
489A
Forging or counterfeiting
May arrest without do.
do.
do.
Imprisonment for currency notes or bank notes warrant twenty years, and fine
489B
Using as genuine forged or do.
do.
do.
do.
Imprisonment for counterfeit currency notes twenty years, and fine or bank notes
489C
Possession of forged or do.
do.
do.
do.
Imprisonment for ten counterfeit currency notes or years bank notes
489D
Making or possessing
May arrest without
Warrant
Not bailable
Not
Imprisonment for instruments or materials for warrant compoundable twenty years, and forging or counterfeiting fine currency notes or bank notes
Criminal Procedure Code 303
CHAPTER XIX—CRIMINAL BREACH OF CONTRACTS OF SERVICE
491
Being bound to attend on or
Shall not arrest
Summons
Bailable
Compoundable
Imprisonment for supply the wants of a without warrant three months, or fine person who is helpless of four hundred from youth, unsoundness of ringgit, or both mind or disease, and voluntarily omitting to do so
CHAPTER XX—OFFENCES RELATING TO MARRIAGE
493
A man by deceit causing a
Shall not arrest
Warrant
Not bailable
Not
Imprisonment for ten woman not lawfully married without warrant compoundable years, and fine to him to believe that she is lawfully married to him and to cohabit with him in that belief
494
Marrying again during the do.
do.
Bailable do.
Imprisonment for lifetime of a husband or wife seven years, and fine
495
Same offence with do.
do.
Not bailable do.
Imprisonment for ten concealment of the former years, and fine marriage from the person with whom subsequent marriage is contracted
496
A person with fraudulent do.
do.
do.
do.
Imprisonment for intention going through the seven years, and fine ceremony of being married, knowing that he is not lawfully married
CHAPTER XX—OFFENCES RELATING TO MARRIAGE—(cont.)
498
Enticing or taking away or do.
do.
Bailable
Compoundable
Imprisonment for two detaining with a criminal years, or fine, or both intent a married woman
304 Laws of Malaysia ACT 593
1 2 3 4 5 6 7
Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
CHAPTER XXI—DEFAMATION
500
Defamation
Shall not arrest
Warrant
Bailable
Compoundable
Imprisonment for two without warrant years, or fine, or both
501
Printing or engraving do.
do.
do.
do do.
matter knowing it to be defamatory
502
Sales of printed or engraved do.
do.
do.
do.
do.
substance containing defamatory matter, knowing it to contain such matter
CHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
504
Insult intended to provoke a
Shall not arrest
Warrant
Bailable
Compoundable
Imprisonment for breach of the peace without warrant two years, or fine, or both
505
False statement, rumour,
Shall not arrest
Warrant
Not bailable
Not
Imprisonment for etc., circulated with intent to without warrant compoundable two years, or fine, or cause mutiny or offence both against public peace
506
Criminal intimidation
May arrest without do.
do.
do.
do.
warrant
506
If threat be to cause death or do.
do.
do.
do.
Imprisonment for grievous hurt, etc.
seven years, or fine, or both
507
Criminal intimidation by do.
do.
Bailable do.
Imprisonment for two anonymous communication years, in addition to or having taken precaution the punishment under to conceal when the threat above section comes
Criminal Procedure Code 305
507A
Stalking do.
do.
do.
do.
Imprisonment for three years, or fine, or both
508
Act caused by inducing a
Shall not arrest without do.
do.
do.
Imprisonment for one person to believe that he warrant year, or fine, or both will be rendered an object of
Divine displeasure
CHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE—(cont.)
509
Uttering any word or making do.
do.
do.
do.
Imprisonment for any gesture intended to insult five years, or fine, or the modesty of a person, etc.
both
510
Appearing in a public place
Shall not arrest
Warrant
Bailable
Not
Imprisonment for ten etc., in a state of intoxication, without warrant compoundable days, or fine of and causing annoyance to twenty ringgit, or any person both
ATTEMPT TO COMMIT OFFENCES
511
Attempting to commit
According as the
According as
According as
Compoundable
The punishment offences punishable with offence is one in the offence is the offence when the provided for the imprisonment, and in such respect of which the one in respect contemplated offence offence: imprisonment attempt doing any act
Police may arrest of which a by the attempted is not to exceed one-half towards the commission of without warrant or not summons or offender is compoundable of the longest term the offence warrant shall bailable or not provided for the ordinarily issue offence
OFFENCES AGAINST LAWS OTHER THAN THE PENAL CODE
If punishable with death, or
May arrest without
Warrant
Not bailable
Not imprisonment for seven warrant compoundable years or upwards
If punishable with do.
do.
do.
do.
imprisonment for three years and upwards, but less than seven years
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Penal
Offence
Whether the police may
Whether a
Whether
Whether
Maximum
Code ordinarily arrest without warrant or a bailable compoundable punishment under the section warrant or not summons shall or not or not
Penal Code ordinarily issue in the first instance
If punishable with
Shall not arrest
Summons
Bailable do.
imprisonment for less than without warrant three years
If punishable with fine only do.
do.
307 Laws of Malaysia ACT 593
SECOND SCHEDULE
FORMS
FORM 1
[Section 34]
SUMMONS TO AN ACCUSED PERSON
To of .
Whereas your attendance is necessary to answer to a charge of you are hereby required to appear on the day of at a.m/p.m in person [or by advocate, as the case may be] before the
Magistrate’s Court at .
Dated this day of 20 .
(Seal)
Magistrate
FORM 2
[Sections 38 and 39]
WARRANT OF ARREST
To the Inspector General of Police, and all other Police Officers.
Whereas of stands charged with the offence of you are directed to arrest the said and to produce him before the Magistrate’s Court at .
Dated this day of 20 .
(Seal)
Magistrate
This Warrant may be indorsed as follows—
If the said shall give bail himself in the sum of ringgit, with one surety in the sum of ringgit [or two sureties each in the sum of ringgit] to attend before the Court on the day of and to continue so to attend until otherwise directed by me, he may be released.
Dated this day of 20 .
(Seal)
Magistrate
308 Laws of Malaysia ACT 593
FORM 3
[Section 390]
BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT
I of, being brought before the Magistrate’s Court at under a warrant issued to compel my appearance to answer to a charge of do hereby bind myself to attend in the Magistrate’s Court at on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
I [or We] do hereby declare myself [or ourselves] surety [or sureties] for the abovenamed of , that he shall attend before the Magistrate’s
Court at on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I [or we] hereby bind myself
[or ourselves, jointly and severally] to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 4
[Section 44]
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED
Whereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of punishable under section of the Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said cannot be found; and whereas it has been shown to my satisfaction that the said has absconded [or is concealing himself to avoid the service of the said warrant, as the case may be]:
Proclamation is hereby made that the said of is required to appear before the Magistrate’s Court at to answer the said complaint within days from this date.
Dated this day of 20 .
(Seal)
Magistrate
Criminal Procedure Code 309
FORM 5
[Section 44]
PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS
Whereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of and a warrant has been issued to compel the attendance of of before the Magistrate’s Court at to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said cannot be served, and it has been shown to my satisfaction that he has absconded [or is concealing himself to avoid the service of the said warrant]:
Proclamation is hereby made that the said is required to appear before the Magistrate’s Court at on the day of next at a.m./p.m. to be examined touching the offence complained of.
Dated this day of 20 .
(Seal)
Magistrate
FORM 6
[Section 45]
ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS
To the Police Officer in charge of the Police District of
Whereas a warrant has been duly issued to compel the attendance of of to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to the satisfaction of the Court that he has absconded [or is concealing himself to avoid the service of the said warrant]; and thereupon a Proclamation was duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein, and he has failed to appear:
This is to authorize and require you to attach by seizure the movable property belonging to the said to the value of ringgit which you may find within the State and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an indorsement certifying the manner of its execution.
Dated this day of 20 .
(Seal)
Magistrate
310 Laws of Malaysia ACT 593
FORM 7
[Section 47]
WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
To the Inspector General of Police, and all other Police Officers.
Whereas complaint has been made before me that of has [or is suspected to have] committed the offence of and it appears likely that of can give evidence concerning the said complaint; and whereas the Court has good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so:
This is to authorize and require you to arrest the said of and on the day of to bring him before the Magistrate’s Court at to be examined touching the offence complained of.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 8
[Section 54]
WARRANT TO SEARCH AFTER INFORMATION OF A
PARTICULAR OFFENCE
To the Chief Police Officer of the State of , and other Police Officers
(to be designated by name).
Whereas information has been laid [or complaint has been made] before me of the commission [or suspected commission] of the offence of and it has been made to appear to me that the production of the articles specified in the Schedule below is essential to the enquiry now being made [or about to be made] into the said offence [or suspected offence]:
This is to authorize and require you within the space of days from the date hereof to search for the said articles specified in the Schedule below in the (describe the house or place, or part thereof, to which the search is to be confined), and, if found, to produce the same immediately before the Magistrate’s
Court; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
Criminal Procedure Code 311
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 trademarks, 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 trademarks, or counterfeit stamps, or false seals, or counterfeit coin, as the case may be] and immediately to bring before this Court such of the said things as may be taken possession of; returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 10
[Section 66]
BOND TO KEEP THE PEACE
Whereas I inhabitant of have been called upon to enter into a bond to keep the peace for the term of I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term; and, in case of my making default therein,
I hereby bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
312 Laws of Malaysia ACT 593
FORM 11
[Sections 68 and 69]
BOND FOR GOOD BEHAVIOUR
Whereas I inhabitant of have been called upon to enter into a bond to be of good behavior to the Yang di-Pertuan Agong and to all persons within Malaysia for the term of I hereby bind myself to be of good behaviour to the Yang di-Pertuan Agong and to all persons within Malaysia during the said term; and in case of my making default therein, I hereby bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
(When a bond with sureties is to be executed, add):
We do hereby declare ourselves sureties for the abovenamed that he will be of good behaviour to the Yang di-Pertuan Agong and to all persons within
Malaysia during the said term; and in case of his making default therein we hereby bind ourselves jointly and severally to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 12
[Section 70]
ORDER TO SHOW CAUSE
Whereas information has been received by me that (here set out the substance of the information received).
It is hereby ordered that do attend at the Magistrate’s Court at on the day of 20 , at a.m./p.m. to show cause why he should not be ordered to execute a bond for his good behaviour in the sum of ringgit to be in force for the term of months with sufficient sureties being (here state character and class of sureties required).
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
Criminal Procedure Code 313
FORM 13
[Section 71]
SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE
To of .
Whereas it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace [or by which act a breach of the peace will probably be occasioned], you are hereby required to attend in person [or by an advocate] at the Magistrate’s
Court at on the day of 20 , a.m./p.m., to show cause why you should not be required to enter into a bond for ringgit
[when sureties are required, add:—and also to give security by the bond of one
(or two, as the case may be) surety (or sureties) in the sum of ringgit
(each, if more than one)], that you will keep the peace for the term of .
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 14
[Section 79]
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY TO KEEP THE PEACE
To the Officer in charge of the Prison at .
Whereas of appeared before me in person [or by his authorized agent] on the day of in obedience to a summons calling upon him to show cause why he should not enter into a bond for ringgit with one surety [or a bond with two sureties each in ringgit], that he the said would keep the peace for the period of . And whereas an order was then made requiring the said to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order:
This is to authorize and require you to receive the said into your custody, together with this warrant, and him safely to keep in prison for the said period of unless he shall, in the meantime, comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received, and the said released;
and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
314 Laws of Malaysia ACT 593
FORM 15
[Section 79]
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY FOR GOOD BEHAVIOUR
To the Officer in charge of the Prison at .
Whereas it has been made to appear to me that of has been and is lurking within the District of having no ostensible means of subsistence [or and that he is unable to give any satisfactory account of himself]:
or
Whereas evidence of the general character of of has been adduced before me and recorded, from which it appears that he is a habitual robber
[or housebreaker, etc., as the case may be].
And whereas an order has been recorded stating the same and requiring the said to furnish security for his good behaviour for the term of by entering into a bond with one surety [or two or more sureties, as the case may be], himself for ringgit, and the said surety [or each of the said sureties] for ringgit, and the said has failed to comply with the said order, and for such default has been adjudged imprisonment for unless the said security be sooner furnished:
This is to authorize and require you to receive the said into your custody, together with this warrant, and him safely to keep in prison for the said period of , unless he shall in the meantime comply with the said order by himself and his surety [or sureties] entering into the said bond, in which case the same shall be received and the said released; and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
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
Criminal Procedure Code 315
and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community:
This is to authorize and require you immediately to discharge the said from your custody, unless he is liable to be detained for some other cause.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 17
[Section 89]
ORDER FOR THE REMOVAL OF NUISANCES
To of .
Whereas it has been made to appear to me that you have caused an obstruction
[or nuisance] to persons using the public roadway [or other public place] which, etc.
(describe the road or public place), by, etc. (state what it is that causes the obstruction or nuisance)
and that such obstruction
[or nuisance]
still exists:
or
Whereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of at and that the same is injurious to the public health [or comfort] by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place:
or
Whereas it has been made to appear to me that you are the owner [or are in possession of, or have the control over] a certain tank [or well, or excavation]
adjacent to the public way (describe the thoroughfare) and that the safety of the public is endangered by reason of the said tank [or well, or excavation] being without a fence [or insecurely fenced]:
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
316 Laws of Malaysia ACT 593
I do hereby direct and require you within to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.:
or
I do hereby direct and require you within to put up a sufficient fence (state the kind of fence and the part to be fenced) or to appear, etc.
or
I do hereby direct and require you, etc., etc. (as the case may be).
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 18
[Section 94]
NOTICE AND PEREMPTORY ORDER BY MAGISTRATE
AFTER ORDER ABSOLUTE
To of .
Notice is hereby given that an order absolute has been made against you requiring you and you are hereby directed and required to obey the said order within on peril of the penalty provided by section 188
of the Penal Code for disobedience to it.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 19 [Section 96]
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER
PENDING DECISION
To of .
Whereas a conditional order was made by this Court on the day of 20 , requiring you and it has been made to appear to this Court that the nuisance mentioned in the said order is attended with so imminent serious danger to the public as to render necessary immediate measures to prevent such danger, you are hereby, under section 96 of the Criminal Procedure Code,
Criminal Procedure Code 317
directed and enjoined forthwith to pending the final decision of the case.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 20
[Section 97]
ORDER OF MAGISTRATE PROHIBITING THE REPETITION,
ETC., OF A NUISANCE
To of .
Whereas it has been made to appear to this Court that, etc. (state the proper recital, guided by Form No. 17 or Form No. 21, as the case may be):
You are hereby ordered and enjoined not to repeat the said nuisance by again placing, or causing, or permitting to be placed, etc. (as the case may be).
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
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).
318 Laws of Malaysia ACT 593
You are hereby ordered not to place or permit to be placed any of the earth or stones dug from your land in any part of the said road.
or
The procession passing along the said street is hereby prohibited, and you are warned and enjoined not to take any part in such procession [or, as the case recited may require].
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 22
[Section 99]
ORDER OF MAGISTRATE DECLARING PARTY ENTITLED TO RETAIN
POSSESSION OF LAND, ETC., IN DISPUTE
Whereas it appears to the undersigned Magistrate on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain situate at the parties were called upon to give in to this Court a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and this
Court being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said is true:
It is hereby decided and declared that he is [or they are] in possession of the said and entitled to retain such possession until ousted by due course of law, and any disturbance of his [or their] possession in the meantime is forbidden.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 23
[Section 100]
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS
TO THE POSSESSION OF LAND, ETC.
To the Chief Police Officer of the State of [or, To the District
Land Administrator ].
Whereas it having been made to appear to the undersigned Magistrate that a dispute likely to induce a breach of the peace existed between of and of concerning certain situate at , the said parties were thereupon duly called upon to state to this Court in writing their respective claims as to the fact of actual possession of the said .
Criminal Procedure Code 319
And whereas, upon due enquiry into the said claims, this Court has decided that neither of the said parties was in possession of the said [or this Court is unable to satisfy itself as to which of the said parties was in possession as aforesaid]:
This is to authorize and require you to attach the said (the subject of dispute) by taking and keeping possession of it, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained; and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
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 inquiry into the same, that the said land [or water]
has been open to the enjoyment of such use by the public [or if by any individual or a class of persons, describe him or them], and [if the use can be enjoyed throughout the year—that the said use has been enjoyed within three months of the institution of the said enquiry, or if the use is enjoyable only at particular seasons, say during the last of the seasons at which the same is capable of being enjoyed]:
It is hereby ordered that the said or any one in their interest, shall not take [or retain] possession of the said land [or water] to the exclusion of the enjoyment of the right of use aforesaid, until he [or they] shall obtain the decree or order of a competent Court adjudging him [or them] to be entitled to exclusive possession.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 25
[Section 118]
BOND TO PROSECUTE OR GIVE EVIDENCE
I of do hereby bind myself to attend at the Magistrate’s Court at , at a.m./p.m. on the day of next, and then and there to give evidence in the matter of a charge of against one A B; and in case of
320 Laws of Malaysia ACT 593
my making default herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 26 [Section 120]
REPORT OF POLICE INVESTIGATION
To the Public Prosecutor.
1. At a.m./p.m. on the day of 20 , I received information by from that a had taken place at and that persons were concerned or suspected of being concerned therein, and that the total amount of property concerned in the report was RM .
2. I proceeded thereupon to take action as detailed in the enclosed investigation diaries.
3. I ascertained the following facts.
4. I examined the following witnesses whose statements accompany this report:
persons marked “B” are under a Bond to appear in Court.
5. The following documents accompany this report in addition to the statements of the witnesses:
Investigation Diary No.
6. I am of opinion that the offence of is disclosed and that the following persons are concerned therein .
7. I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I have been unable to examine them for the reasons here stated:
8. The under mentioned articles have been secured or recovered and are to serve as exhibits.
Signature
FORM 27 [Sections 152 and 154]
CHARGES
(1)—CHARGES WITH ONE HEAD
Penal Code:
Criminal Procedure Code 321
On section 121
1. That you, on or about the day of , at , waged war against the Yang di-Pertuan Agong and thereby committed an offence punishable under section 121 of the Penal Code.
On section 124
2. That you, on or about the day of , at , with the intention of inducing a member of the State Legislative Assembly to refrain from exercising a lawful power as such member, assaulted such member, and thereby committed an offence punishable under section 124 of the Penal Code.
On section 161
3. That you, being a public servant in the Department directly accepted from (state the name), for another party (state the name) a gratification other than legal remuneration as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 161 of the Penal Code.
On section 166
4. That you, on or about the day of , at , did [or omitted to do, as the case may be] such conduct being contrary to and known by you to be prejudicial to and thereby committed an offence punishable under section 166 of the Penal Code.
On section 193
5. That you, on or about the day of , at , in the course of the trial of before , stated in evidence that which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Penal Code.
On section 304
6. That you, on or about the day of , at , committed culpable homicide not amounting to murder, by causing the death of and thereby committed an offence punishable under section 304 of the Penal Code.
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.
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On section 392
9. That you, on or about the day of , at , robbed and thereby committed an offence punishable under section 392 of the Penal Code.
On section 395
10. That you, on or about the day of , at , committed gang-robbery, an offence punishable under section 395 of the Penal Code.
(II)—CHARGES WITH TWO OR MORE HEADS
On section 241
1. First—That you, on or about the day of , at , knowing a coin to be counterfeit, delivered the same to another person, by name A B, as genuine, and thereby committed an offence punishable under section 241 of the Penal Code.
Secondly—That you, on or about the day of , at , knowing a coin to be counterfeit, attempted to induce another person, by name A B, to receive it as genuine, and thereby committed an offence punishable under section 241 of the
Penal Code.
On sections 302 and 304
2. First—That you, on or about the day of , at , committed murder by causing the death of , and thereby committed an offence punishable under section 302 of the Penal Code.
Secondly—That you, on or about the day of , at , committed culpable homicide not amounting to murder by causing the death of and thereby committed an offence punishable under section 304 of the Penal Code.
On sections 379 and 382
3. First—That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379
of the Penal Code.
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
Criminal Procedure Code 323
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 under section 379 of the Penal
Code.
And further that you, before the committing of the said offence, that is to say, on the day of , had been convicted by the at of an offence punishable under Chapter XVII of the Penal Code with imprisonment for a term of three years, that is to say, the offence of housebreaking by night
(describe the offence in the words used in the section under which the accused was convicted) which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Penal Code.
FORM 28
[Section 172]
FORMAL PART OF CHARGES TRIED BEFORE THE HIGH COURT
A B
You are charged at the instance of the Public Prosecutor, and the charge against you is .
Public Prosecutor
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:
324 Laws of Malaysia ACT 593
(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 (lst, 2nd, 3rd, as the case may be)
prisoner in Case No. at the Magistrate’s Court at was convicted before this Court of the offence of under section [or sections ] of the Penal Code [or of Enactment ], and was sentenced to .
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and carry the aforesaid sentence into execution according to law.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar, High Court
Criminal Procedure Code 325
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 the sum of ringgit as amends; and whereas the said sum has not been paid and cannot be recovered by distress of the movable property of the said and an order has been made for his imprisonment for the period of days, unless the aforesaid sum be sooner paid:
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and to keep him safely in prison for the said period of subject to section 432
of the Criminal Procedure Code, unless the said sum be sooner paid; and on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 31
[Sections 34 and 173]
SUMMONS TO A WITNESS
To of .
Whereas complaint has been made before me that of has [or is suspected to have] committed the offence of (state the offence concisely, with time and place) and it appears to me that you are likely to be able to give material evidence respecting the matter of such complaint:
You are hereby summoned to appear before the Magistrate’s Court at on the day of next at a.m./p.m., to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that if you shall, without just excuse, neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
326 Laws of Malaysia ACT 593
FORM 32
SUMMONS TO ASSESSORS OR JURORS
(Deleted by Act A908).
FORM 33
[Section 281]
WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH
To the Officer in charge of the Prison at .
Whereas at the Assizes held on the day of the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. at the said Assizes was duly convicted of the offence of murder under section 302 of the Penal Code, and sentenced to suffer death:
This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and to keep him safely there until you shall receive the further warrant or order of this Court, or an order of the Ruler of the State thereon.
Dated this day of 20 .
(Seal)
Registrar
FORM 34 [Section 281]
WARRANT OF EXECUTION ON A SENTENCE OF DEATH
To the Officer in charge of the Prison at .
Whereas the (1st, 2nd, 3rd, as the case may be) prisoner in
Case No. at the Assizes held at on the day of 20 , has been, by a warrant of this Court, dated the day of committed to your custody under sentence of death; and whereas the order of the Ruler of the State directing the said sentence to be carried into effect has been received by this Court:
This is to authorize and require you, the said Officer, to carry the said sentence into execution by causing the said to be hanged by the neck until he is dead, at (time and place of execution), and to return this warrant to the Court with an indorsement certifying that the sentence has been executed.
Given under my hand and the seal of the Court, this day of 20
.
(Seal)
Judge
Criminal Procedure Code 327
FORM 35
[Section 283]
WARRANT TO LEVY A FINE BY DISTRESS AND SALE
To of .
Whereas of was on the day of 20 , convicted before me of the offence of and sentenced to pay a fine of ringgit, and whereas the said although required to pay the said fine, has not paid the same or any part of it:
This is to authorize and require you to make distress by seizure of any property belonging to the said which may be found within the
District of and, if within next after such distress the said sum shall not be paid [or immediately], to sell the property distrained, or so much of it as shall be sufficient to satisfy the said fine, returning this warrant, with an indorsement certifying what you have done under it, immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
Form of Indorsement
Whereas it has been proved to me that the signature T S to the within warrant is that of T S, a Magistrate of the District of , I do hereby authorize the execution in the District of of the said warrant by .
Magistrate
FORM 36 [Section 273]
BOND TO APPEAR AND RECEIVE JUDGMENT
Whereas I inhabitant of have been called upon to enter into a bond to appear before the Court of at if and when called upon to receive the judgment of the said Court for the offence of which of I have been convicted, and in the meantime to be of good behaviour; I hereby bind myself to appear on the day of 20 , in the said Court or wherever I shall be required, and in the meantime to be of good behavior and to keep the peace towards the Yang di-Pertuan Agong and to all persons within Malaysia; and in case I make default in any of the conditions herein I bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
Where a bond with sureties is to be executed, add:
328 Laws of Malaysia ACT 593
We do hereby declare ourselves sureties for the abovenamed that he will appear in the Court of at on the day of 20 , or wherever he shall be required and that he will in the meantime be of good behaviour and keep the peace towards the
Yang di-Pertuan Agong and to all persons within Malaysia; and in case of his making default in any of the conditions herein, we bind ourselves, jointly and severally, to forfeit to the Yang di-Pertuan Agong the sum of ringgit.
Dated this day of 20 .
Signature
FORM 37
[Section 353]
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT
WHEN A FINE IS IMPOSED
To the Officer in charge of the Prison at .
Whereas at a Court before me on this day of in the presence [or view]
of the Court committed willful contempt:
And whereas for such contempt the said has been adjudged by the Court to pay a fine of ringgit, or in default to suffer imprisonment for the space of .
This is to authorize and require you to receive the said into your custody, together with this warrant, and to keep him safely in prison for the said period of unless the said fine be sooner paid; and, on the receipt of it, immediately to set him at liberty, returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
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 inquiry 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
Criminal Procedure Code 329
any just excuse for such refusal, and for this contempt has been adjudged detention in custody for .
This is to authorize and require you to take the said into custody, and to keep him safely in your custody for the space of days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, and on the last of the said days, or immediately on such consent being known, to bring him before this Court to be dealt with according to law; returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 39
BOND AND BAIL BOND ON A PRELIMINARY INQUIRY
BEFORE A MAGISTRATE
(Deleted by Act A908).
FORM 40
[Section 391]
WARRANT OF DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
To the Officer in charge of the Prison at .
Whereas of was committed to your custody under warrant of this Court, dated the day of 20 , and has since with his surety [or sureties] duly executed a bond under the Criminal Procedure Code:
This is to authorize and require you forthwith to discharge the said from your custody, unless he is liable to be detained for some other matter.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar or Magistrate
330 Laws of Malaysia ACT 593
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 realize the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar or Magistrate
FORM 42
[Section 404]
NOTICE TO SURETY ON BREACH OF A BOND
To of .
Whereas on the day of 20 , you became surety for of that he should appear before this Court on the day of 20 , and bound yourself in default thereof to forfeit the sum of ringgit to the Yang di-Pertuan Agong, and whereas the said has failed to appear before this Court, and by reason of such default you have forfeited the aforesaid sum of ringgit:
You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced against you.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar or Magistrate
Criminal Procedure Code 331
FORM 43 [Section 404]
NOTICE TO SURETY OF FORFEITURE OF BOND
To of .
Whereas on the day of 20 , you became surety by a bond for of that he would be of good behaviour for the period of, and bound yourself in default thereof to forfeit the sum of ringgit to the
Yang di-Pertuan Agong, and whereas the said has been convicted of the offence of committed since you became such surety, whereby your security bond has become forfeited:
You are hereby required to pay the said penalty of ringgit, or to show cause within days why it should not be paid.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar or Magistrate
FORM 44
[Section 404]
WARRANT OF 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 realize the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20
.
(Seal)
Magistrate
332 Laws of Malaysia ACT 593
FORM 45 [Section 404]
WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED
PERSON ADMITTED TO BAIL
To the Officer in charge of the Prison at .
Whereas of has bound himself as a surety for the appearance of (state the condition of the bond) and the said has therein made default whereby the penalty mentioned in the said bond has been forfeited to the Yang di-Pertuan Agong, and whereas the said has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for his imprisonment in the Civil Prison for .
This is to authorize and require you , to receive the said into your custody with this warrant, and to keep him safely in the said Prison for the said and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 46
[Section 404]
NOTICE TO THE PRINCIPAL OF FORFEITURE OF A BOND
TO KEEP THE PEACE
To of .
Whereas on the day of 20 , you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded:
You are hereby called upon to pay the said penalty of ringgit or to show cause before me within days why payment of the same should not be enforced against you.
Dated this day of 20 .
(Seal)
Magistrate
Criminal Procedure Code 333
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 realize the same, and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
FORM 48
[Section 404]
WARRANT OF IMPRISONMENT ON BREACH OF A BOND
TO KEEP THE PEACE
To the Officer in charge of the Prison at .
Whereas proof has been given before me and duly recorded that of has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to the Yang di-Pertuan Agong the sum of ringgit; and whereas the said has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said in the Civil Prison for the period of .
This is to authorize and require you, the said Officer of the said Civil Prison to receive the said into your custody, together with this warrant, and to keep him safely in the said Prison for the said period of ; and to return this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20
.
(Seal)
Magistrate
334 Laws of Malaysia ACT 593
FORM 49
[Section 404]
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF
BOND FOR GOOD BEHAVIOUR
To .
Whereas of did on the day of 20 , give security by bond in the sum of ringgit for the good behaviour of , and proof has been given before me and duly recorded of the commission by the said of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum:
This is to authorize and require you to attach by seizure the property belonging to the said to the value of ringgit, which you may find, and if the said sum be not paid within to sell the property so attached, or so much of it as may be sufficient to realize the same, and to make return of what you have done under this warrant immediately upon its execution.
Given under my hand and the seal of the Court, this day of 20
.
(Seal)
Magistrate
FORM 50
[Section 404]
WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND
To the Officer in charge of the Prison at .
Whereas of did on the day of 20 , give security by bond in the sum of ringgit for the good behaviour of and proof of the breach of the said bond has been given before me and duly recorded , whereby the said has forfeited to the Yang di-Pertuan Agong the sum of ringgit;
and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his property, and an order has been made for the imprisonment of the said in the Civil Prison for the period of .
This is to authorize and require you, , to receive the said into your custody, together with this warrant, and to keep him safely in
Prison for the said period of ; returning this warrant with an indorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Magistrate
Criminal Procedure Code 335
FORM 51
[Section 307]
FORM OF PETITION OF APPEAL
In the
To the Judges of the High Court.
The petition of A B
Showeth as follows:
1. *Your petitioner the above-named A B was charged with and convicted [or acquitted] at the Magistrate’s Court held at on the day of 20 , and the following order was made thereon (here state shortly the substance of the judgment or sentence).
2. Your petitioner is dissatisfied with the said judgment on the grounds following:
(here state the particular grounds of appeal on which the appellant relies).
3. Your petitioner prays that such judgment or sentence may be reversed or that such order may be made thereon as justice may require.
Appellant
FORM 52
[Section 370]
FORM OF WARRANT
To the Officer in charge of the Prison at or Officer in charge of the (name of asylum) or to (name of officer) in charge of .
You are hereby required to have the body of now a prisoner in the (name of prison) or now in custody at the (name of asylum) or now in your charge, under safe and sure conduct before the High Court at on the day of next by a.m./p.m. of the same day, there to be dealt with according to law; and unless the said shall then and there by the said Court be ordered to be discharged, cause him, after the said
Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct back to the said prison [or asylum or other custody].
Dated this day of 20 .
Registrar, High Court
*NOTE—If the appeal is brought by the Public Prosecutor omit the words “Your petitioner” in paragraph 1.
336 Laws of Malaysia ACT 593
FORM 53
[Section 369]
FORM OF WARRANT
To the Officer in charge of the Prison at .
You are hereby required to have the body of now a prisoner in your custody under a warrant of attachment before the High Court on the day of next by a.m./p.m. by of the same day to be dealt with according to law; and you shall then and there abide by such order as shall in that behalf be made by the said Court. And unless the said shall then and there by the said Court be ordered to be released you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison [or other place of custody].
Dated this day of 20 .
Registrar, High Court
FORM 54
[Section 372]
WARRANT TO BRING UP PRISONER TO GIVE EVIDENCE
To the Officer in charge of the Prison at .
You are hereby required to have the body of now a prisoner in your custody under safe and sure conduct before this Court on the day of next by a.m./p.m. of the same day there to give testimony in a certain charge or prosecution now pending before this
Court against and after the said shall have given his testimony before this Court or this Court shall have dispensed with his further attendance cause him to be conveyed under safe and sure conduct back to the said prison.
Given under my hand and the seal of the Court, this day of 20 .
(Seal)
Registrar or Magistrate
Criminal Procedure Code 337
*FORM 55
[Section 388A]
ELECTRONIC MONITORING DEVICE
IN THE … COURT AT .................. IN THE STATE OF ...................
1. Name: .........................................................................................................
2. Case No.: ...................................................................................................
3. Identity Card No.: ......................................................................................
4. Address: .....................................................................................................
5. Telephone No.: ...........................................................................................
6. Family members to be contacted: ..............................................................
...................................................................................................................
7. Period to be attached with electronic monitoring device (“device”): ......
8. Terms and conditions:
(a) to report to the nearest police station at/for every .........................;
(b) understands that all movements will be tracked and retained as an official record;
(c) agrees to be required to report for device equipment checks if necessary;
(d) to notify the police officer if there is any change of address;
(e) to allow inspections of the device by the police officer;
(f)
to report to the nearest police station for removal of the device;
(g) to return all the device equipment to the police officer;
(h) to submit to procedures required by the police officer;
(i)
to maintain the device as instructed by the police officer;
(j)
to comply with any directions of the police officer;
(k) to comply with any other conditions as the court may determine.
9. Failure to comply with the terms and conditions is an offence under the Penal
Code.
I hereby agree to and shall comply with the terms and conditions as stated in this
Form.
…………………………………
( )
*NOTE—Form 55A is not yet in force—see section 19 of the Criminal Procedure Code (Amendment) Act 2016 [Act A1521].
338 Laws of Malaysia ACT 593
THIRD SCHEDULE
[Section 352A]
MODIFICATION OF CHAPTER XXXIII FOR
SABAH AND SARAWAK
(Deleted by Act A1132).
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.
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;
Criminal Procedure Code 339
(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 a person 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.
340 Laws of Malaysia ACT 593
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;
Criminal Procedure Code 341
(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.
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.
342 Laws of Malaysia ACT 593
(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 a private 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;
Criminal Procedure Code 343
(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;
344 Laws of Malaysia ACT 593
(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 person 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.
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.
Criminal Procedure Code 345
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.
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.
346 Laws of Malaysia ACT 593
(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.
347
Act 593
LIST OF AMENDMENTS
Amending law
Short title
In force from
Criminal Procedure Code
(Amendment) Enactment 1936 29-07-1936
Statute Law Revision (Chief
Secretary’s Powers) Enactment 1937 23-07-1937
En. No. 3/1938
Statute Law Revision (General
Amendments) Enactment 1938 06-04-1938
Criminal Procedure Code
(Amendment) Enactment 1938 21-12-1938
En. No. 2/1941
Criminal Procedure Code
(Amendment) Enactment 1941 26-02-1941
Criminal Procedure (Amendment)
Ordinance 1947 10-03-1947
Criminal Procedure (Amendment)
Ordinance 1948 31-01-1948
Transfer of Powers Ordinance 1948 06-03-1948
F.M. Ord. 43/1948
Courts Ordinance 1948 01-01-1949
F.M. Ord. 36/1950
Married Women and Children
(Maintenance) Ordinance 1950 04-07-1950
Criminal Procedure Codes
(Amendment) Ordinance 1952 24-03-1952
F.M. Ord. 14/1952
Police Ordinance 1952 15-11-1952
348 Laws of Malaysia ACT 593
Amending law
Short title
In force from
Criminal Procedure Codes
(Amendment No. 2) Ordinance 1952
30-12-1952
Rule Committee Ordinance 1948
Selangor
(except Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder of the
Federation—
01-08-1953
L.N. 240/1953
Rule Committee Ordinance 1948 01-05-1953
L.N. 241/1953
Rule Committee Ordinance 1948 01-05-1953
F.M. Ord. 14/1953
Criminal Justice Ordinance 1953 30-04-1953
Criminal Procedure Codes
(Amendment) Ordinance 1954 25-02-1954
Criminal Procedure Codes
(Amendment) Ordinance 1955 15-06-1955
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;
Perak &
Terengganu:
01-01-1957;
Negeri
Sembilan:
28-07-1956;
Pahang:
01-08-1956;
Selangor:
16-11-1956
L.N. 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
Criminal Procedure Code 349
Amending law
Short title
In force from
Federal Constitution (Modification of
Laws) (No. 2) Order 1957
14-11-1957
F.M. Ord. 69/1957
Criminal Procedure Code
(Amendment) Ordinance 1957 01-01-1958
F.M. 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 No. 25/1967
Criminal Procedure Code
(Amendment) Act 1967 01-06-1967
Act No. 38/1967
Criminal Procedure Code
(Amendment) (No. 2) Act 1967 29-08-1967
Act A6
Criminal Procedure Code
(Amendment) Act 1969 01-03-1969
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
Criminal Procedure Code
(Amendment and Extension) Act 1976 10-01-1976
P.U.(A) 97/1976
Modification of
Laws
(Criminal
Procedure) (Sabah and Sarawak)
Order 1976 10-01-1976
350 Laws of Malaysia ACT 593
Amending law
Short title
In force from
Criminal Procedure Code
(Amendment) Act 1976 29-10-1976
Act A549
Penal Code and Criminal Procedure
Code (Amendment) Act 1983 20-02-1983
Act A614
Penal Code (Amendment) Act 1985 31-05-1985
Criminal Procedure Code
(Amendment) Act 1989 05-05-1989
Act A841
Criminal Procedure Code
(Amendment) Act 1993 05-02-1993
Criminal Procedure Code
(Amendment) Act 1995 17-02-1995
Criminal Procedure Code
(Amendment) Act 1997 31-01-1997
Act A1015
Criminal Procedure Code
(Amendment) Act 1998 01-04-1998
Act A1132
Criminal Procedure Code
(Amendment) Act 2001
S. 1, 3-8, 10 &
20: 01-08-2002;
S. 2, 9, 11-19 &
21: 15-09-2012
P.U. (A) 224/2005
Revision of Laws (Rectification of
Criminal Procedure Code) Order 2005 17-06-2005
NOTE—Any preliminary inquiry, trial by jury or trial with the aid of assessors that has been commenced before or on the commencement of the amending Act shall be continued or concluded in all respects as if the amending Act has not been passed and for that purpose, any preliminary inquiry or trial has been commenced when the accused has appeared before or has been brought before the Magistrate’s Court or the High Court, as the case may be, and evidence has begun to be adduced in the inquiry or trial–see section 39 of the Criminal Procedure Code (Amendment) Act 1995 [Act A908].
NOTE—The provisions of the Act shall not apply to any prosecution or proceeding which has been instituted but has not been completed on the date of the commencement of the Act.
—No finding, judgment, sentence or order of any Court passed or imposed before the date of the commencement of the Act or during or at the conclusion of any prosecution or proceeding referred to in subsection 11(1) of the Act shall be reversed, altered or affected by any provision of the Act–see subsections (1) and (2) of the Criminal Procedure Code (Amendment) Act 1998 [Act A1015].
Criminal Procedure Code 351
Amending law
Short title
In force from
Criminal Procedure Code
(Amendment) Act 2006
S. 9, 20, para.
33(b), (f), (g) &
(h): 06-03-2007, para. 33(k) &
(v): 02-07-2007,
S. 2-8, 10-19,
21-32, para.
33(a), (c), (d),
(e), (i), (j), (l)-
(u) and S. 34:
07-09 2007
Criminal Procedure Code
(Amendment) (Amendment) Act 2007 07-09-2007
Act A1350
Criminal Procedure Code
(Amendment) Act 2009
01-05-2009
Criminal Procedure Code
(Amendment) Act 2010 01-06-2012
Act A1422
Criminal Procedure Code
(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
P.U.(B)
254/2012
except sections 7, 8, and 9
Criminal Procedure Code
(Amendment) Act 2016 01-03-2017
except sections 17, 18, and 19
P.U.(A) 238/2018
Revision of Laws (Rectification of
Criminal Procedure Code) Order 2018 26-09-2018
Act A1662
Criminal Procedure Code
(Amendment) Act 2022 01-10-2022
352 Laws of Malaysia ACT 593
Amending law
Short title
In force from
Act A1682
Criminal Procedure Code
(Amendment) Act 2023 31-05-2023
Act 846
Abolition of Mandatory Death
Penalty Act 2023 04-07-2023
353
Act 593
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 1
F.M. Ord. 69/1957 23-07-1937 06-03-1948 01-01-1958
2
F.M. Ord. 14/1952
Act A6
Act A841
Act Al274
Act A1132
Act A1521 06-03-1948 15-11-1952 15-06-1955 14-11-1957 01-03-1969 10-01-1976 05-02-1995 07-09-2007 07-09-2007 15-09-2012 01-03-2012
5
6
F.M. Ord. 43/1948
L.N. (N.S.) 73/1957 06-03-1943 14-11-1957
8
Act 25/1967
9
10
Act Al274 07-09-2007
13
Act No. 25/1967
Act Al274
Act A1521 01-06-1967 07-09-2007 07-09-2007 01-03-2012
15
Act 846 04-07-2023
20A
Act Al274
354 Laws of Malaysia ACT 593
Section
Amending authority
In force from
23
L.N. 228/1965 14-11-1957 16-09-1963
28
Act A1274 25-02-1954 07-09-2007
28A
34
37A
Act No. 6/1965 30-12-1952 21-01-1965
38
39
Selangor (except
Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder of the
Federation—
01-08-1953
40
Selangor (except
Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder of the
Federation—
01-08-1953
51A
Act A1423 07-09-2007 01-06-2012
52
56
Act A324 29-07-1936 10-01-1976
57
62A
Act No. 25/1967 01-06-1967
Criminal Procedure Code 355
Section
Amending authority
In force from
62B
Act. No. 25/1967 01-06-1967
66A
68
En. No. 18/1937 23-07-1937
69
79
83
Act A324 15-06-1955 10-01-1976
84
Act A324 15-06-1955 14-11-1957 10-01-1976
85
Act A324 06-03-1948 15-06-1955 10-01-1976
86
Act A324 06-03-1948 15-06-1955 14-11-1957 10-01-1976
87
Act A324 06-03-1948 15-06-1955 14-11-1957 10-01-1976
88
Act A324 23-07-1937 31-01-1948 06-03-1948 15-06-1955 14-11-1957 10-01-1976
98
98A
Act A1682 31-05-2023
106
En. No. 3/1938 06-04-1938
106A
Act Al274 06-03-2007
356 Laws of Malaysia ACT 593
Section
Amending authority
In force from
106B
Act Al274
Act A1431 06-03-2007 31-07-2012
106C
Act Al274
Act A1431 06-03-2007 31-07-2012
107
Act Al274
107A
Act Al274 07-09-2007
108
108A
Act A1132 29-07-1936 01-08-2002
111
Act Al274 07-09-2007
112
Act No. 25/1967
Act A1274 30-12-1952 01-06-1967 29-10-1976 07-09-2007
113
Act No. 9/1963
Act A1304 29-07-1936 21-01-1963 10-01-1976 07-09-2007 07-09-2007
114
Act Al274 10-01-1976 07-09-2007
115
Act Al274 07-09-2007
116A-116C
117
Act 25/1967
Act Al132
Act A1521 01-06-1967 10-01-1976 01-08-2002 07-09-2007 01-03-2017
119
Act Al274 07-09-2007
Criminal Procedure Code 357
Section
Amending authority
In force from 120
124
127
127A
Act Al274
Act A1431 10-01-1976 06-03-2007 31-07-2012
127B
128
Act No. 25/1967
130
Act A549 20-02-1983
133
134
135
137
Act No. 25/1967 25-02-1954 01-06-1967
138
Chapter XVII
146
151A-151B
Act No. 25/1967
153
154
P.U. (A) 224/2005 17-06-2005
155
Act No. 25/1967 01-06-1967
157
158
358 Laws of Malaysia ACT 593
Section
Amending authority
In force from 170
Act No. 25/1967 01-06-1967
171A
Act No. 25/1967 01-06-1967
172
En. No. 3/1938 06-04-1938
172A
172B
172C
172D
Act A1422
Act 846 01-06-2012 01-06-2012 04-07-2023
172E
172F
172G
Act A1422 01-06-2012
173
Act Al274
Act A1422 31-01-1997 07-09-2007 01-06-2012 01-06-2012
173A
Act A1521 29-07-1936 01-03-2017
176
Selangor (except
Sabak Bernam and Sepang)—
01-05-1953;
Remainder of the
Federation—
01-08-1953
177
177A
Criminal Procedure Code 359
Section
Amending authority
In force from
Heading to Chapter XX
178
179
180
Act Al274 31-01-1997 07-09-2007
181
182A
183
183A
Act A1422 10-01-1976 17-02-1995 01-06-2012 01-06-2012
184
Act A908 06-03-1948 10-01-1976 17-02-1995
185
186
187
Act No. 5/1963
Act A908 21-01-1963 17-02-1995
188–196
197
Act A908 25-02-1954 10-01-1976 17-02-1995
198
199
199A
360 Laws of Malaysia ACT 593
Section
Amending authority
In force from 200
En. No. 3/1938
Act A908 23-07-1937 06-04-1938 06-07-1948 01-01-1958 17-02-1995
201
Act A908 01-01-1958 17-02-1995
202–210
211
F.M. Ord. 73/1958 27-12-1958
212–235
235A
236
Act A233
Act A908 25-02-1948 01-11-1973 17-02-1995
237
L.N. 161/1957 23-07-1937 06-03-1948
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
Act A908 01-01-1958 17-02-1995
238
Act A908 06-03-1948 17-02-1995
239
240
F.M. Ord. 1/1948 06-03-1948
Criminal Procedure Code 361
Section
Amending authority
In force from
241
Act A908 06-03-1948 17-02-1995
242–243
244
245
247
248
249
Act A908 23-07-1937 14-11-1957 17-02-1995
250–251
252
252A
Act A908 25-02-1948 17-02-1995
254
Act A908 10-03-1947 17-02-1995
254A
255
256
Act Al274 17-02-1995 07-09-2007
258
261
362 Laws of Malaysia ACT 593
Section
Amending authority
In force from 262
Act A1274 17-02-1995 07-09-2007
264
265A –265C
267
269
272A
P.U. (A) 521/1969 18-12-1969
272B
272C-272K
Act A1350 01-05-2009
274
F.M. Ord. 1/1948 06-03-1948
281
L.N. 1/1957
Act A908 06-03-1948 31-08-1957 17-02-1995
283
Act A1423 01-06-2012
288
L.N. 161/1957
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
Act A908 14-11-1957 17-02-1995
289
291
Act Al274 07-09-2007
293
En. No. 2/1941 26-02-1941
Criminal Procedure Code 363
Section
Amending authority
In force from
Act Al274
294
Act A1521 07-09-2007 01-03-2017
294A
En. No. 2/1941 26-02-1941
295
Act Al274 31-01-1948 25-02-1954 07-09-2007
295A
Act Al274 07-09-2007
298
Act Al274 25-02-1954 14-11-1957 07-09-2007
300
L.N. (N.S.) 1/1957
L.N. (N.S.) 56/1957
L.N. (N.S.) 73/1957 31-01-1948 31-08-1957 31-08-1957 14-11-1957
301
F.M. Ord. 14/1953
L.N. (N.S.) 1/1957
L.N. (N.S.) 56/1957 06-03-1948 30-04-1953 31-08-1957 31-08-1957
303A
304
306
En. No. 29/1938 21-12-1938
307
Act No. 25/1967
Act A1662 29-07-1936 21-12-1938 01-06-1967 07-09-2007 01-10-2022
308
309
Act No. 25/1967 01-06-1967
316
Act A1132 29-07-1936 01-08-2002
364 Laws of Malaysia ACT 593
Section
Amending authority
In force from 321
Act No. 25/1967 01-06-1967
322
323
Act No. 25/1967 01-06-1967
324
329
332
333
334
Act A1132 15-09-2012
340
341A
Act No. 25/1967 01-06-1967
342
Act A1132 25-02-1954 17-02-1995 15-09-2012
343
Act A1132 17-02-1995 15-09-2012
344
345
346
348
349
Act A1132 17-02-1995 15-09-2012
350
351
Criminal Procedure Code 365
Section
Amending authority
In force from 352
Act A1132 15-09-2012
352A
Act A1132 05-05-1989 15-09-2012
360
361
362
363
364
376
Act A1015 23-04-1937 10-03-1947 14-11-1957 10-01-1976 29-10-1976 17-02-1995 01-04-1998
377
Act No. 25/1967
Act A1015 23-04-1937 06-03-1948 25-02-1954 01-06-1967 01-04-1998
378
Act No. 25/1967
Act A1015 25-02-1954 01-06-1967 01-04-1998
379
L.N. (N.S.) 73/1957 23-04-1937 14-11-1957
380
Act No. 25/1967
Act A1015 25-02-1954 01-06-1967 01-04-1998
380A
381
382
366 Laws of Malaysia ACT 593
Section
Amending authority
In force from 383
384
385
386
387
Act No. 25/1967 01-06-1967
388
Act No. 25/1967
Act 846 01-06-1967 04-07-2023
396
Act A1423 01-06-2012
398
399
Act No. 25/1967 29-07-1936 24-03-1952 14-11-1957 01-06-1967
399A
Act No. 25/1967
Act No. 38/1976 29-07-1936 01-06-1967 29-08-1976
399B
400
L.N. (N.S.) 1/1957 31-08-1957
401
402
402A
Act A1422 10-01-1976 01-06-2012 01-06-2012
402B
Act A1521 01-06-2012 01-03-2017
402C
Chapter XLI
406A
Criminal Procedure Code 367
Section
Amending authority
In force from 407
M.U. Ord. 13/1947 10-03-1947
407A
407B
413
414
415
417
418A
Act A908 10-01-1976 05-05-1989 17-02-1995
418B
Act A1015 05-05-1989 01-04-1998
422
424
L.N. (N.S.) 73/1957 14-11-1957
425A
Act 846 01-03-2017 04-07-2023
426
Act A1422 25-02-1954 01-06-2012 01-06-2012
427
Act A908 24-03-1952 25-02-1954 17-02-1993
428
Act A1378 23-04-1937 14-11-1957 01-06-2012
429
Act A908 17-02-1993
430
368 Laws of Malaysia ACT 593
Section
Amending authority
In force from 431
L.N. (N.S.) 73/1957 23-04-1937 14-11-1957
432
434
F.M. Ord. 14/1952 15-11-1952
434A
439
Act A908 14-11-1957 17-02-1993
444
En. No. 18/1937 23-04-1937
First Schedule
Act No. 38/1967
Act A549
Act A614
Act A1132 21-12-1938 10-03-1947 14-11-1957 29-08-1967 10-01-1976 20-02-1983 31-05-1985 05-05-1989 01-08-2002
Act A1274 06-03-2007;
02-07-2007;
07-09-2007
P.U. (A) 238/2018 07-09-2007 01-03-2017
Act A1682
Act 846 31-05-2023 04-07-2023
Second Schedule
Act A1378 14-11-1957 17-02-1995 01-06-2012
Third Schedule
Act A1132 05-05-1989 15-09-2012
Fourth Schedule Act
A1274
Throughout the Code
Act 25/1967
Act A365 01-06-1967 29-10-1976
Criminal Procedure Code 369
LIST OF LAWS OR PART THEREOF SUPERSEDED
No. Tittle
F.M.S. Cap.
Criminal Procedure Code