Criminal Procedure Code 1

1 Criminal Procedure code 1. LAWS OF MALAYSIA. Reprint Act 593. Criminal Procedure . code . As at 1 November 2012. Published by The Commissioner of Law revision, Malaysia Under the Authority of the Revision of Laws Act 1968. 2012. 2 Laws of Malaysia Act 593. Criminal Procedure code . First enacted 1935 ( Cap. 6). Revised 1999 (Act 593 4 April 1999). Latest amendment made by Act A1431 which came into operation on 31 July 2012. Previous Reprints First Reprint .. 2002. Second Reprint .. 2006. Criminal Procedure code 3. LAWS OF MALAYSIA. Act 593. Criminal Procedure code . ARRANGEMENT OF SECTIONS. Part 1. PRELIMINARY. Chapter 1. Section 1. Short title 2. Interpretation 3. Trial of offences under Penal code and other laws 4. Saving of powers of High Court 5. Laws of England, when applicable Part II.

2 PROVISIONS AS TO Criminal COURTS. Chapter II. Criminal Courts In General 6. Courts 7. Courts to be open 8. (Deleted). 9. Criminal jurisdiction of Magistrates 10. (Deleted). 4 Laws of Malaysia Act 593. Part III. GENERAL PROVISIONS. Chapter III. Aid And Information to Magistrates and Police And Persons Making Arrests Section 11. Public, when to assist Magistrates, Justices of the Peace and police 12. Aid to persons other than police officer executing warrant 13. Public to give information of certain matters 14. Police officer bound to report certain matters Chapter IV. Arrest, Escape and Re-Taking 15. Arrest, how made 16. Search of place entered by person sought to be arrested 17. Search of persons in place searched under warrant 18. Power to break open any place for purposes of liberation 19.

3 No unnecessary restraint and mode of searching women 20. Search of persons arrested 20a. Procedure on search of a person 21. Power to seize offensive weapons 22. Search of person for name and address 23. When police or penghulu may arrest without warrant 24. Refusal to give name and residence 25. How person arrested by penghulu is to be dealt with 26. Pursuit of offenders 27. Arrest by private persons and Procedure in such cases 28. How person arrested is to be dealt with and detention for more than twenty-four hours 28a. Rights of person arrested 29. Release of person arrested 30. Offence committed in Magistrate's presence 31. Arrest by or in presence of Magistrate 32. Power on escape to pursue and re-take 33. Sections 16 and 18 to apply to arrests under section 32.

4 Criminal Procedure code 5. Chapter V. PROCESSES TO COMPEL APPEARANCE. Summons Section 34. Form of summons and service 35. Summons how served 36. Procedure when personal service cannot be effected 37. Proof of service 37a. (Deleted). Warrant of Arrest 38. Form of warrant of arrest 39. Court may direct by indorsement on warrant security to be taken 40. Warrants, to whom directed 41. Notification of substance of warrant 42. Person arrested to be brought before Court without delay 43. Procedure on arrest of person against whom warrant is issued Proclamation and Attachment 44. Proclamation for person absconding 45. Attachment of property of person proclaimed 46. Restoration of attached property Other Rules Regarding Summonses to Appear and Warrants of Arrest 47.

5 Issue of warrant in lieu of or in addition to summons 48. Summonses to appear and warrants of arrest may be executed in any part of Malaysia 49. Power to take bond for appearance 50. Arrest on breach of bond for appearance 6 Laws of Malaysia Act 593. C hapter VI. Processes to Compel the Production of Documents and Other Movable Property and for the Discovery of Persons Wrongfully Confined Section 51. Summons to produce document or other things 51a. Delivery of certain documents 52. Procedure as to postal article, etc. 53. Sections 34 to 37 to apply Search Warrants 54. When search warrant may be issued 55. Power to restrict search warrant 56. Magistrate may issue warrant authorizing search for evidence of offence 57. Form of search warrant 58. Search for persons wrongfully confined 59.

6 Persons in charge of closed places to allow search 60. Magistrate issuing search warrant may attend at its execution 61. Magistrate may direct search in his presence 62. Search without warrant 62a. Forfeiture of counterfeit coin 62b. Forfeiture of counterfeit currency 63. Summary search 64. List of all things seized to be made and signed 65. Occupant to be present at search P art IV. PREVENTION OF OFFENCES. Chapter Vii Security for Keeping the Peace and for Good Behaviour 66. Security for keeping the peace on conviction 66a. Security for keeping the peace by complainant 67. Security for keeping the peace in other cases Criminal Procedure code 7. Section 68. Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter 69.

7 Security for good behaviour from habitual offenders 70. Summons or warrant if required 71. Form of summons or warrant 72. Power to dispense with personal attendance 73. Inquiry to be held 74. Order to give security 75. Discharge of person informed against Proceedings in All Cases Subsequent to Order to Furnish Security 76. Commencement of period for which security is required 77. Contents of bond 78. Power to reject sureties 79. Imprisonment in default of security 80. Power to release person imprisoned for failing to give security 81. Magistrate to report in cases in which the security has been ordered by the High Court 82. Discharge of sureties C hapter VIII. UNLAWFUL ASSEMBLIES. 83. Who may order unlawful assembly to disperse 84. Forcible dispersal of unlawful assemblies 85 87.

8 (Deleted). 88. Protection against prosecution Chapter XI. Public Nuisances 89. Magistrate may make conditional order for removal of nuisance 90. Order to be served or notified 91. Person against whom order is made to obey or appear and show cause 8 Laws of Malaysia Act 593. Section 92. Consequence of his failing to do so 93. Procedure on appearance to show cause 94. Procedure on order being made absolute 95. Consequence of disobedience to order 96. Injunction pending final decision 97. Power to prohibit repetition or continuance of public nuisance C hapter X. Temporary Orders In Urgent Cases Of Nuisance 98. Power to issue order absolute at once in urgent cases of nuisance Chapter XI. Disputes As To Immovable Property 99. Procedure where dispute concerning land, etc.

9 , is likely to cause breach of peace 100. Power to attach subject of dispute 101. Disputes concerning rights over land or water 102. Order as to costs C hapter XII. Preventive Action Of The Police 103. Police to prevent seizable offences 104. Information of design to commit seizable offences 105. Arrest to prevent seizable offences 106. Prevention of injury to public property Chapter XII a Ancillary Investigative Powers In Relation to Terrorism Offences (Deleted). Criminal Procedure code 9. P art V. Information to Police and Their Powers to Investigate Chapter XIII. Section 107. Information of offences 107a. Report on status of investigation 108. Procedure in non-seizable cases 108a. Admission of certified copy of information as evidence 109. Investigation in seizable cases 110.

10 Procedure where seizable offence suspected 111. Police officer's power to require attendance of witnesses 112. Examination of witnesses by police 113. Admission of statements in evidence 114. No discouragement from making statement to police 115. (Deleted). 116. Search by police officer 116a. Search and seizure without warrant 116b. Access to computerized data 116c. Interception of communication and admissibility of intercepted communications 117. Procedure where investigation cannot be completed within twenty- four hours 118. Police officer may require bond for appearance of complainant and witnesses 119. Diary of proceedings in investigation 120. Report of police officer P art VI. PROCEEDINGS IN PROSECUTIONS. C hapter XIV. Jurisdiction of Criminal Courts In Inquiries and Trials 121.