What is SUBORDINATE COURTS ACT 1948?

*SUBORDINATE COURTS ACT 1948 is Malaysia Act, cited as Act 92 1948, currently marked in force and first recorded in 1948.

Is SUBORDINATE COURTS ACT 1948 still in force?

Yes — SUBORDINATE COURTS ACT 1948 is currently in force.

When did SUBORDINATE COURTS ACT 1948 take effect?

SUBORDINATE COURTS ACT 1948 was first recorded in 1948.

How many sections does SUBORDINATE COURTS ACT 1948 have?

SUBORDINATE COURTS ACT 1948 contains 76 sections.

Where can I read the official version of SUBORDINATE COURTS ACT 1948?

The official text of SUBORDINATE COURTS ACT 1948 is published at lom.agc.gov.my.

SUBORDINATE COURTS ACT 1948 (No. 92)

PRELIMINARY

Short title and application

Section 1

(2)

This Act shall apply **throughout Malaysia.

Interpretation

Section 2

(2)

In the case of an offence under Chapters VI and VIA of the Penal

Code [Act 574], any offence under any of the written laws specified in the Schedule to the Extra-Territorial Offences Act 1976 [Act 163], or any offence under any other written law, the commission of which is certified by the Attorney General to affect the security of the

Federation committed, as the case may be—

(a)

on the high seas on board any ship or on any aircraft registered in Malaysia;

(b)

by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;

(c)

by any citizen or any permanent resident in any place without and beyond the limits of Malaysia;

(d)

by any person against a citizen of Malaysia;

(e)

by any person against property belonging to the Government of Malaysia or the Government of any State in Malaysia

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located outside Malaysia, including diplomatic or consular premises of Malaysia;

(f)

by any person to compel the Government of Malaysia or the

Government of any State in Malaysia to do or refrain from doing any act;

(g)

by any stateless person who has his habitual residence in

Malaysia;

(h)

by any person against or on board a fixed platform while it is located on the continental shelf of Malaysia; or

(i)

by any person who after the commission of the offence is present in Malaysia, any reference in this Act to the local limits of jurisdiction of any

Magistrates’ Court or Sessions Court shall be deemed to include a place where the accused is found.

GENERAL

Courts

Section 3

(a)

Sessions Courts;

(b)

Magistrates’ Courts;

(c)

(Deleted by Act A1382).

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

12

Seals of courts

Section 4

Each court shall have and use as occasion may require a seal of such nature and pattern as the Chief Judge may, by notification in the

Gazette, prescribe.

Section 5

Process of courts

(a)

(Deleted by Act 7 of 1964);

(b)

if issued or made by a Sessions Court, be signed by the

Sessions Court Judge, or be signed, on behalf of the Sessions

Court Judge, by a Magistrate of either class within the local limits of whose jurisdiction the Sessions Court is situate or by the Registrar of the Subordinate Courts; and

(c)

if issued or made by a Magistrates’ Court, be signed by a

Magistrate of either class within the local limits of whose jurisdiction the Court is situate, or be signed by a Registrar of the Subordinate Courts situate in the same town or place as the Magistrates’ Court,

(d)

(Deleted by Act A1382), and every such summons, warrant, order, rule, notice and mandatory process shall be sealed with the seal of the court issuing or making the same.

*(2) All summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or by the authority of any court respecting any cause or matter within its

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

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jurisdiction shall have full force and effect and may be served or executed anywhere within Peninsular Malaysia.

Registrar

Section 5A

(2)

The Assistant Registrar of the Subordinate Courts shall be appointed in accordance with section 106.

SUPREME COURT

6–12. (Deleted by Act 7 of 1964).

COURT OF APPEAL

13–42. (Deleted by Act 7 of 1964).

HIGH COURT

43–51. (Deleted by Act 7 of 1964).

Revision by High Court of Proceedings of Subordinate Courts

52–53. (Deleted by Act 7 of 1964).

14

Power of Sessions Court Judge to call for civil records of courts subordinate thereto

Section 54

(2)

If a Sessions Court Judge acting under subsection (1) considers that any decision of a Magistrates’ Court is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the High Court.

55–58. (Deleted by Act 7 of 1964).

SESSIONS COURT

General

Constitution and territorial jurisdiction of Sessions Courts

Section 59

(3)

Each Sessions Court shall be presided over by a Sessions

Court Judge appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Judge.

(4)

Sessions Courts shall ordinarily be held at such places as the

Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.

Qualifications of Sessions Courts Judges

Section 60

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No person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation:

Provided that this section shall not prevent the appointment of a person to act temporarily as a Sessions Court Judge.

Transfer of powers to Sessions Courts Judges

*61. Subject to the provisions and limitations contained in this Act, all powers, duties and functions which, by any written law in force in

Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District

Judge, Magistrate of any description or Coroner of Peninsular

Malaysia shall, without prejudice to section 80, be vested in, conferred and imposed upon a Sessions Court Judge, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date of the coming into force of that law.

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

16

Nature of business at any sitting

Section 62

At any sitting of a Sessions Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.

Criminal Jurisdiction of Sessions Courts

Section 63

Criminal jurisdiction

A Sessions Court shall have jurisdiction to try all offences other than offences punishable with death.

Section 64

Sentences

A Sessions Court may pass any sentence allowed by law other than the sentence of death.

Civil Jurisdiction of Sessions Courts

Section 65

Civil jurisdiction of Sessions Courts

(a)

unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress;

(b)

jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed *one million ringgit; and

*NOTE Previously “two hundred and fifty thousand ringgit” see the Subordinate Courts (Amendment)

Act 2010 [Act A1382].

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(c)

without prejudice to the generality of paragraph (b), jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court.

(2)

(Deleted by Act A434).

(3)

When the parties to an action or suit which, if the amount in dispute or value of the subject matter thereof did not exceed the limit of the jurisdiction, would be cognizable by a Sessions Court, have entered into an agreement in writing that the Sessions Court shall have jurisdiction to try the action or suit, the Sessions Court shall have jurisdiction to try the same, although the amount of the subject matter thereof may exceed the value limit of jurisdiction.

(4)

Every such agreement shall be filed in the Sessions Court and, when it is so filed, the parties to it shall be subject to the jurisdiction of the Sessions Court.

(5)

A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it—

(a)

grant an injunction; and

(b)

make a declaration, whether or not any other relief, redress or remedy is or could be claimed.

Counterclaims in Sessions Courts and transfers therefrom

Section 66

Court shall have—

(2)

In any such case the High Court may, if it thinks fit, on the application of any party, order that the action or suit be transferred to the High Court, and the action or suit shall then be entered in the cause book or register of civil suits of the High Court, and proceeded with as if the action or suit had been originally instituted therein.

Relinquishing part of claim

Section 67

A plaintiff may relinquish any portion of his claim in order to bring the action or suit within the jurisdiction of the Sessions Court, but he shall not afterwards sue in respect of the portion so relinquished.

Section 68

Splitting claims not allowed

Claims may not be split, nor more than one action or suit of a civil nature brought in respect of the same cause of action against the same party.

Section 69

Exceptions to jurisdiction

Sessions Courts shall have no jurisdiction in actions, suits or proceedings of a civil nature—

(a)

relating to immovable property except as provided in sections 70 and 71;

(b)

(Deleted by Act A1382);

(c)

(Deleted by Act A1382);

(d)

(Deleted by Act A1382);

(e)

to enforce trusts;

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(f)

for accounts;

(g)

for declaratory decrees except in making a declaration under paragraph 65(5)(b) and interpleader proceedings under section 73;

(h)

for the issue or revocation of grants of representation of the estates of deceased persons or the administration or distribution thereof;

(i)

wherein the legitimacy of any person is in question;

*(j) wherein the guardianship or custody of infants is in question;

and

(k)

except as specifically provided in any written law for the time being in force, wherein the validity or dissolution of any marriage is in question.

Recovery of immovable property

Section 70

(2)

In any such action or suit, there may be added a claim for rent or mesne profits and for damages arising to the plaintiff from the defendant holding over or resisting his right of possession or re-entry, and for damages for breach of any covenant, condition or agreement in relation to the premises.

(3)

(Deleted by Act A887).

(4)

Except as provided in section 71, the aforesaid jurisdiction shall not be exercised in any case where, in the opinion of the Court, there is a bona fide question of title involved and, subject to that section, recovery

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

20

of possession of any immovable property under this section shall be no bar to the institution of an action, suit or proceeding of a civil nature in the

High Court for trying the title thereto.

Jurisdiction to adjudicate on title to immovable property with consent of parties

*71. If in any action or suit before a Sessions Court, the title to any immovable property is disputed, or the question of the ownership thereof arises, the Court may adjudicate thereon if all parties interested consent;

but, if they do not all consent, the Sessions Court Judge shall apply to the

High Court to transfer the action or suit to itself.

Power to issue distress

Section 72

A Sessions Court shall have jurisdiction to issue writs or warrants of distress for rent.

Section 73

Interpleader

A Sessions Court shall have jurisdiction to grant relief by way of interpleader and to order the sale of any property subject to interpleader proceedings—

(a)

where the proper officer of a Sessions Court is charged with the execution of any writ, warrant or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ, warrant or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ, warrant or order was issued or made; or

*NOTE For actions and suits concerning immovable property in Sarawak, new section 71A was inserted by P.U. (A) 357/1980, w.e.f. 1 June 1981.

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(b)

where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed *one million ringgit and for or in respect of which he has been or expects to be sued by two or more parties making adverse claims thereto.

Power to order sale unless security given

Section 74

Where a claim is made to or in respect of any movable property seized under a writ, warrant or order issued or made by a Sessions

Court, the Sessions Court may, on the application of the person at whose instance the writ, warrant or order was issued or made, order the proper officer of the Court to sell the property claimed as if no such claim had been made and to pay the proceeds of the sale into court to abide the decision of the Sessions Court, unless the claimant gives security in such manner and within such time as the Sessions Court thinks fit.

Section 75

(Deleted by Ord. 29 of 1951).

MAGISTRATES’ COURTS

General

Constitution and territorial jurisdiction of Magistrates’ Courts

Section 76

(3)

Magistrates’ Courts shall ordinarily be held at such places as the

Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.

Ex officio First Class Magistrates

*77. (1)

The persons for the time being holding or acting in the offices specified in the Fourth Schedule shall, ex officio, be First Class

Magistrates, in and for the respective States designated therein.

(2)

The Yang di-Pertuan Agong may, by notification in the Gazette, delete any office from, vary, or add any office to, the list of offices in the Fourth Schedule.

Appointment of First Class Magistrates

**78. Without prejudice to section 77, the State Authority may, on the recommendation of the Chief Judge in each case, appoint any fit and proper person to be a First Class Magistrate in and for the State.

*NOTE For application in Federal Territory, States of Sabah and Sarawaksee Federal Territory

(Modification of the Subordinate Courts Act, 1948) Order 1974 [P.U. (A) 43/1974] w.e.f 1 February 1974

**NOTE For application in Federal Territorysee P.U. (A) 43/1974.

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Qualifications of First Class Magistrates

Section 78A

No person shall be appointed to be a First Class Magistrate unless he is a member of the Judicial and Legal Service of the

Federation:

Provided that this section shall not prevent the appointment of a person to act temporarily as a First Class Magistrate.

Appointment of Second Class Magistrates

*79. The State Authority may appoint any fit and proper person to be a Second Class Magistrate in and for the State.

Transfer of powers to Magistrates

**80.

(1)

Subject to the provisions and limitations contained in this

Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District

Judge, Magistrate of any description or Coroner of Peninsular

Malaysia shall, without prejudice to section 61, be vested in, conferred and imposed upon Magistrates appointed under this Act, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date of the coming into force of that law.

*NOTEFor application in Federal Territory, the Yang di-Pertuan Agong may appoint Second Class

Magistrates see P.U. (A) 43/1974.

**NOTEFor application in Federal Territory, States of Sabah and Sarawaksee P.U. (A) 43/1974 and

P.U. (A) 357/1980.

24

(2)

Every person appointed to be a First Class Magistrate under or by virtue of this Act shall be ex-officio a Justice of the Peace within and for the State in and for which the First Class Magistrate was so appointed and all powers, duties and functions which, by any written law for the time being in force in Peninsular Malaysia or any part thereof, are vested in or conferred or imposed upon, a Justice of the

Peace appointed in and for any State shall be vested in, conferred and imposed upon every such First Class Magistrate so appointed for the

State.

Magistrate of any class may preside in Magistrates’ Court

Section 81

Any Magistrate of either class may sit in any Magistrates’ Court within the local limits of his jurisdiction for the purpose of hearing and determining any cause or matter, civil or criminal, over which he has jurisdiction by virtue of this or any other written law for the time being in force.

General powers and jurisdiction of Magistrates’ Courts and

Section 82

Magistrates

A Magistrates’ Court constituted under this Act shall, for all purposes, be deemed to be the Court of a First Class Magistrate, and shall have all the powers and jurisdiction conferred on a First Class

Magistrate by this Act or any other written law, and any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may exercise the powers and jurisdiction of the Court:

Provided that a Second Class Magistrate shall not hold any preliminary inquiry or proceed to the final trial and determination of any cause or matter which is not within the jurisdiction conferred upon him by section 88 or 92 or by any other written law.

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Section 83

Preliminary process and interlocutory orders

(a)

any summons, writ, warrant or other process, whether civil or criminal, issued by a Magistrates’ Court may be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate notwithstanding that it is or was not within the competency of the Magistrate to try and determine the cause or matter to which the summons, writ, warrant or other process relates;

(b)

in any cause or matter, whether civil or criminal, before a

Magistrates’ Court any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may make any interlocutory or interim order not involving the final trial and determination of the cause or matter including, but without prejudice to the generality of the foregoing, orders relating to adjournments, remands and bail, execution of judgments and decrees, and transfers of proceedings to

Sessions Courts.

Nature of business at any sitting

Section 84

At any sitting of a Magistrates’ Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.

Criminal Jurisdiction of Magistrates

Section 85

Criminal jurisdiction of First Class Magistrate

Magistrate shall have jurisdiction to try all offences for which the maximum term of imprisonment provided by law does not exceed ten years imprisonment or which are punishable with fine only and offences under sections 392 and 457 of the Penal Code.

26

Section 86

(Deleted by Act A1382).

Section 87

Sentences within competence of First Class Magistrate

(a)

five years’ imprisonment;

(b)

a fine of ten thousand ringgit;

(c)

whipping up to twelve strokes; or

(d)

any sentence combining any of the sentences aforesaid:

Provided that where, by any law for the time being in force, jurisdiction is given to the Court of any Magistrate to award punishment for any offence in excess of the power prescribed by this section, a First Class Magistrate may, notwithstanding anything herein contained, award the full punishment authorized by that law.

(2)

Notwithstanding subsection (1), where a First Class Magistrate has convicted any person and it appears that, by reason of any previous conviction or of his antecedents, a punishment in excess of that prescribed by subsection (1) should be awarded, then the First Class

Magistrate may award the full punishment authorized by law for the offence of which the person has been convicted and shall record his reason for so doing.

Criminal jurisdiction of Second Class Magistrate

Section 88

A Second Class Magistrate shall only have jurisdiction to try offences for which the maximum term of imprisonment provided by law does not exceed *twelve months’ imprisonment of either description or which are punishable with fine only:

*NOTE— For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

Subordinate Courts 27

Provided that if a Second Class Magistrate is of the opinion that in the circumstances of the case, if a conviction should result, the powers of punishment which he possesses would be inadequate, he shall take the necessary steps to adjourn the case for trial by a First Class

Magistrate.

Section 89

Sentences within competence of Second Class Magistrate

A Second Class Magistrate may pass any sentence allowed by law—

(a)

not exceeding six months’ imprisonment;

(b)

a fine of not more than one thousand ringgit; or

(c)

any sentence combining either of the sentences aforesaid.

Civil Jurisdiction of Magistrates

Civil jurisdiction of First Class Magistrate

Section 90

Subject to the limitations contained in this Act, a First Class

Magistrate shall have jurisdiction to try all actions and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed *one hundred thousand ringgit.

Section 91

(Deleted by Act A1382).

Civil jurisdiction of Second Class Magistrate

**92. A Second Class Magistrate shall only have jurisdiction to try original actions or suits of a civil nature where the plaintiff seeks to

*NOTE Previously “twenty-five”see the Subordinate Courts (Amendment) Act 2010 [Act A1382].

**NOTE— For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

28

recover a debt or liquidated demand in money payable by the defendant, with or without interest, not exceeding *ten thousand ringgit.

Provisions of Act relating to Sessions Courts applicable to

Magistrates’ Courts

Section 93

(2)

Nothing in this section shall operate to extend the jurisdiction of

Second Class Magistrates as otherwise limited by this Act.

9497. (Deleted by Act A1382).

†PART IX

JUSTICES OF THE PEACE

Appointment of Justices of the Peace

††98.

The State Authority may, by warrant under his hand, appoint such persons as he may deem fit to be Justices of the Peace within and for the State, and may in like manner revoke any such appointment.

*NOTE Previously “three”see the Subordinate Courts (Amendment) Act 2010 [Act A1382].

**NOTE Previously “twenty-five”see the Subordinate Courts (Amendment) Act 2010 [Act A1382].

***NOTE Previously “two hundred and fifty thousand”see the Subordinate Courts (Amendment)

Act 2010 [Act A1382].

†NOTEPart IX is not applicable in the State of Sarawaksee P.U. (A) 357/1980.

††NOTEFor application in Federal Territory see P.U. (A) 43/1974.

Subordinate Courts 29

All appointments and revocations of appointments made under this section shall be notified in the Gazette.

Powers of Justices of the Peace

*99. Justices of the Peace shall have and may exercise within the State for which they are appointed such powers not exceeding the powers of a Second Class Magistrate as may be conferred upon them by any written law.

MISCELLANEOUS

Further powers and jurisdiction of courts

Section 99A

In amplification and not in derogation of the powers conferred by this Act or inherent in any court, and without prejudice to the generality of any such powers, every Sessions Court and Magistrates’

Court shall have the further powers and jurisdiction set out in the Third

Schedule.

Section 100

(Deleted by Act A1382).

Section 101

Powers of the court in relation to hearings in camera, etc.

(2)

A court may at any time order that no person shall publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; and any person who acts in contravention of any such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power of Sessions Court Judge to hear matters in chambers

Section 101A

Subject to the limitations contained in this Act, a Sessions

Court Judge shall have the power to hear any matter or proceedings in chambers.

Section 101B

Court may conduct proceedings through remote communication technology

(2)

The place in which the court is held to conduct the proceedings of any cause or matter, civil or criminal, or hold any inquiry, through a remote communication technology shall be deemed to be conducted within the local limits of jurisdiction assigned to it under section 59

or 76, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia.

(3)

Nothing in this section shall affect the operation of section 5 of the Evidence of Child Witness Act 2007 [Act 676], sections 265A and 272B of the Criminal Procedure Code and section 32A of the

Evidence Act 1950 [Act 56].

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(4)

In this section, “place” includes cyberspace, virtual place or virtual space.

Sentence in case of conviction for several offences at one trial

Section 102

When a person is convicted at one trial of any two or more distinct offences a Magistrates’ Court may sentence him for those offences to the several punishments prescribed therefor which the court is competent to inflict, the punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, or to run concurrently if the court shall so direct, but it shall not be necessary for the court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of one single offence, to send the offender for trial before a higher court:

(a)

in no case shall the person be sentenced to periods of imprisonment amounting in the aggregate to more than twenty years;

(b)

the aggregate punishment shall not exceed twice the amount of punishment which the court in the exercise of its ordinary jurisdiction is competent to inflict; and

(c)

when imprisonment is directed in default of payment of a fine or of costs or compensation ordered under the authority of any law for the time being in force, the imprisonment shall be consecutive to any other term of imprisonment so directed and to any sentence of imprisonment otherwise imposed.

Detention pending corporal punishment

Section 103

Provided that—

An offender sentenced to undergo corporal punishment may be detained in a prison or some other convenient place for such time as may be necessary for carrying the sentence into effect, or for ascertaining whether the same shall be carried into effect.

32

Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter

Section 104

A Sessions Court Judge or a Magistrate shall have jurisdiction in any criminal cause or matter, whether or not he has jurisdiction finally to hear and determine the same, to order, in any case where the interests of justice so require, that the cause or matter be transferred to any other

Sessions Court or Magistrates’ Court, as the case may be, which in his opinion has jurisdiction to hear and determine the same, and the same may be continued in that other Court accordingly:

Provided that nothing in this section shall be deemed to confer jurisdiction on any court to which a proceeding is so transferred, if that court would not otherwise have jurisdiction in respect thereof.

Section 105

(Deleted by Ord. 34 of 1955).

Section 106

Subordinate officers

There shall be appointed such and so many subordinate officers as shall, from time to time, appear to the Chief Judge with the concurrence of the Yang di-Pertuan Agong to be necessary for the administration of justice and the due execution of all powers and authorities which are vested in any court.

Section 107

Protection of judicial officers

(2)

No officer of any court or other person bound to execute the lawful warrants or orders of any Sessions Court Judge, Magistrate or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the person issuing the same.

(3)

No sheriff, bailiff or other officer of the court charged with the duty of executing any judgment, order or warrant of distress, or of attaching any property before judgment, shall be liable to be sued in any civil court in respect of any property seized by him, or in respect of damage caused to any property in effecting or attempting to effect the seizure, unless it shall appear that he knowingly acted in excess of the authority conferred upon him by the writ, warrant or order in question, and he shall not be deemed to have acted knowingly in excess of his authority merely by reason of knowing of the existence of a dispute as to the ownership of the property so seized.

Practice directions

Section 107A

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The Chief Justice may issue such practice directions as may be necessary for the purpose of carrying into effect the provisions of this Act after consulting the President of the Court of Appeal or the Chief Judge.

Section 108

(Deleted by Act 7 of 1964).

Section 109

Provision to prevent conflict of laws

In the event of inconsistency or conflict between this Act and any other written law in force at the commencement of this Act, the provisions this Act shall prevail.

Section 110

Repeal and savings

(2)

(Omitted).

(3)

All appointments and all rules of court and other subsidiary legislation in force at the commencement of this Act under or by virtue of any Ordinance or Enactment or any provision thereof repealed by this Act shall continue in force until other provision is made under or by virtue of this Act or any other written law for the time being in force and shall, so far as the same relate to any court in existence in

Peninsular Malaysia before the commencement of this Act, be deemed to relate, so far as may be applicable, to the corresponding court established by or referred to in this Act.

For the purposes of this subsection appointments of District Judges shall be deemed to operate as appointments of Sessions Courts Judges.

*NOTE For amendments of laws in relation to the States of Sabah and Sarawak, new section 111 was inserted by P.U. (A) 357/1980.

35

FIRST SCHEDULE

(Deleted by Act 7 of 1964)

SECOND SCHEDULE

(Deleted by Act 7 of 1964)

THIRD SCHEDULE

[Section 99A]

ADDITIONAL POWERS OF SESSIONS COURTS AND

MAGISTRATES’ COURTS

Res judicata and multiplicity of proceedings

Section 1

Power to dismiss or stay proceedings where the matter in question is res judicata between the parties, or where by reason of multiplicity of proceedings in any court the proceedings ought not to be continued.

Section 2

Stay of proceedings

(a)

the cause of action arose;

(b)

the defendant resides or has his place of business;

(c)

one of several defendants resides or has his place of business;

(d)

the facts on which the proceedings are based exist or are alleged to have occurred; or

(e)

for other reasons it is desirable in the interests of justice that the proceedings should be had.

(2)

(Omitted).

Transfer of proceedings

Section 3

(2)

Power, on application or of its own motion, to transfer any proceedings to another court of co-ordinate jurisdiction.

Service out of the jurisdiction

*4. Power to allow service of its process outside Malaysia in the Republic of

Singapore or Sabah, Sarawak or Brunei, or, with the leave of the High Court, elsewhere.

Service

Section 5

Power, subject to any written law, to order service of its process at any place or time and in any manner, and to order that service be deemed to have been effected at any time.

Section 6

Set-off

(2)

Where in any action a set-off or counterclaim is established as a defence against the plaintiff’s claim the court may, if the balance is in favour of the defendant, give judgment for the defendant for the balance or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case:

Provided that no relief exceeding that which the court has otherwise jurisdiction to award shall be given to the defendant upon the set-off or counterclaim.

Discovery and interrogatories

Section 7

Power to order discovery of facts or documents by any party or person in such manner as may be prescribed by rules of court.

Section 8

Process to compel attendance

(2)

In default of compliance with any such order for security, or in order to ensure the attendance in court of any person, the court may order that the person be committed to prison for such period, not exceeding six months, and in such manner as may be prescribed by rules of court.

(3)

No proceedings shall issue to compel the attendance of any person who, by virtue of any written law, is exempted from personal attendance in court.

(4)

The court may by notice addressed to the officer in charge of the prison require any person in prison to be brought before it for any purpose.

Commitment

Section 9

Subordinate Courts 37

(2)

No order for arrest or commitment under this paragraph or paragraph 8 shall operate to discharge or satisfy any debt.

Attachment before judgment

Section 10

Power, in such manner as may be prescribed by rules of court, to order the attachment and sale of any property of any person whom it might commit to prison under paragraph 9.

Service of process

*11. Power to serve the process of any court outside Peninsular Malaysia.

Poor person

Section 12

Power to permit any person to sue or be sued as a poor person and to withdraw the permission in such manner as may be prescribed by rules of court.

Section 13

(Deleted by Act 7 of 1964).

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

38

Section 14

Office copies and certified copies

Power to issue and use for any purpose office copies or certified copies of any proceedings in that court, and to use and act upon any office copy or certified copy issued by another court.

Section 15

Costs

Power to award costs of any proceedings including proceedings which have been stayed and proceedings beyond its jurisdiction; all such costs to be in the discretion of the court, save as by any written law provided.

Section 16

Execution of documents

Power to execute, or direct any of its officers to execute, any transfer, conveyance, assignment, contract or other document, including an endorsement on a negotiable instrument, which any person has been ordered by the court to execute, if he has neglected or refused to execute the same or is out of the jurisdiction, and the same shall operate to all intents as if executed by that person.

Section 17

(Deleted by Act 7 of 1964).

Execution

*18. (1) For the purpose of executing any judgment or order or of attaching property before judgment the court by its appropriate officer may break into any house or other enclosed premises, using such force as may be necessary, and may similarly break into any part thereof or any safe, cupboard, or other container therein.

(2)

Power to examine any person as to his or any other person’s property or as to any disposal thereof.

(3)

Power to act in aid of another court by executing or carrying out any judgment or order thereof in like manner as it could itself have done to the extent and in manner prescribed by rules of court.

(4)

Power, in the course of, or in connection with, the execution of a judgment or order or the attachment of property before judgment, to make all proper orders, deal with property and award damages or compensation, arising out of the execution or

*NOTEFor application in Federal Territory, the States of Sabah and Sarawaksee P.U. (A) 43/1974

Subordinate Courts 39

attachment, notwithstanding that the value of the property or amount of the damages or compensation exceed the pecuniary limit of the jurisdiction of the court as set out in sections 65, 90 and 92.

(5)

(a)

In this subparagraph “Islamic Religious Court” shall include Syariah

Courts, Courts of Muftis, Courts of Chief Kadi, Courts of Kadi, Councils and similar bodies authorized by any written law to exercise judicial functions in relation to

Islamic law or Malay customary law, and the Yang di-Pertuan Agong or a Ruler, when exercising judicial functions in relation to Islamic law or Malay customary law.

(b)

A Sessions Court in the State of Johore, Kedah, Kelantan, Negeri Sembilan,

Pahang, Perak, Perlis, Selangor or Terengganu may execute any judgment or order of an Islamic Religious Court having jurisdiction in the State in which the Sessions

Court is situate, where the amount or value of the subject matter exceeds five thousand ringgit and notwithstanding that it may exceed the pecuniary limit of the jurisdiction of that Court.

(c)

A Magistrates’ Court presided over by a First Class Magistrate in the Federal

Territory or the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak,

Perlis, Selangor or Terengganu may in the like manner execute any such judgment or order, where the amount or value of the subject matter does not exceed five thousand ringgit.

Discharge of orders

Section 19

Power to discharge, vary or suspend the operation of any of its judgments or orders to the extent and in manner provided by rules of court.

Section 20

Punishment of corporation

Power, where any corporation is guilty of any act or omission which, if it were an individual, would render it liable to arrest or commitment, to order the arrest of or commit any officer of the corporation who caused or willfully permitted or contributed to the act or omission, and also to fine the corporation.

Section 21

Interest

Power to direct interest to be paid on debts, including judgment debts or on sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court.

40

Section 22

Time

Power to enlarge or abridge the time prescribed by any written law for doing any act or taking any proceedings, although any application therefor be not made until after the expiration of the time prescribed.

Section 23

Enforcement of judgment

Power to enforce a judgment of the Court in any manner which may be prescribed in any written law.

Section 24

(Omitted).

Section 25

Defence

Power, notwithstanding section 69, to give the like effect to every ground of defence, whether equitable or legal, as ought to be given in the like case by the High

Court and in as full and ample a manner.

Section 26

Contempt of court

Power to take cognizance of any contempt of court and to award punishment for the same, not exceeding, in the case of a Sessions Court, a fine of three hundred ringgit or imprisonment for six weeks, in the case of a Magistrates’ Court presided over by a First Class Magistrate, a fine of one hundred and fifty ringgit or imprisonment for three weeks, and in the case of a Magistrates’ Court presided over by a Second Class Magistrate, a fine of fifty ringgit or imprisonment for one week, to such extent and in such manner as may be prescribed by rules of court. If the contempt of court is punishable as an offence under the Penal Code, the court may, in lieu of taking cognizance thereof, authorize a prosecution.

Section 26A

Interim payments

Power to make interim payments.

Section 27

Powers under other laws

Such other powers as are now or may hereafter be conferred upon it by any written law.

Subordinate Courts 41

*FOURTH SCHEDULE

[Subsection 77(1)]

EX OFFICIO FIRST CLASS MAGISTRATES

For All States

Deputy Chief Secretaries.

Principal Assistant Secretary to Chief Secretary.

Chief Registrar of the Federal Court.

Deputy Registrars (in Peninsular Malaysia) of the Federal Court.

Senior Assistant Registrars (in Peninsular Malaysia) of the Federal Court.

Assistant Registrars (in Peninsular Malaysia) of the Federal Court.

Registrar of the High Court in Malaya.

Deputy Registrars of the High Court in Malaya.

Senior Assistant Registrars of the High Court in Malaya.

Assistant Registrars of the High Court in Malaya.

Sessions Courts Judges.

Registrar of the Subordinate Courts in Malaya.

Registrar of the Subordinate Courts in Sabah and Sarawak.

Deputy Registrars of the Subordinate Court.

Senior Assistant Registrars of the Subordinate Courts.

For their respective States

State Secretaries.

Under Secretaries.

First Assistant Secretaries to State Secretaries.

*NOTEFor application in Federal Territory, the States of Sabah and Sarawaksee P.U. (A) 43/1974

42

Directors of Lands and Mines.

District Officers.

District Administrative Officers.

Assistant District Officers in charge of Sub-Districts.

Land Administrator for the Federal Territory.

*EX OFFICIO SECOND CLASS MAGISTRATES

Assistant Registrars of the Subordinate Courts.

*NOTE For application in the State of Sabahsee P.U. (A) 357/1980.

43

*FIFTH SCHEDULE

[Section 110]

REPEAL

Ordinances and

Enactment

Short title

Extent of repeal

F.M.S. Cap.

The Courts Enactment

The whole Enactment, except the provisions relating to the Courts of

Kadi and Assistant Kadi and appeals therefrom

Johore Enactment

No. 54

The Courts Enactment

,,

Kedah Enactment

No. 25

Enactment No. 25

(Courts)

,,

Kelantan Enactment

No. 31 of 1938

The Courts Enactment

,,

Perlis Enactment

No. 4 of 1330

The Courts Enactment 1330

,,

Terengganu Enactment

No. 4 of 1340

The Courts Enactment

,,

The Courts Ordinance

The whole

The Court of Criminal

Appeal Ordinance

,,

Johore Enactment

No. 7 of 1935

The Justices of the Peace

Enactment 1935

,,

Kedah Enactment

No. 28 of 1354

The Justices of the Peace

Enactment

,,

The Criminal Procedure

Code

Section 17

M.U. Ordinance

No. 3 of 1946

The Courts Ordinance 1946

The whole

*NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.

44

Act 92

LIST OF AMENDMENTS

Amending law

Short title

In force from

L.N. 52/1949

Amendment to Fourth Schedule

The Courts Ordinance 1948 18-02-1949

Ord. 2/1950

Courts (Amendment) Ordinance 1950 01-01-1949

L.N. 41/1951

Emergency (Council of Judges)

(Suspension) Regulations 1951 25-01-1951

Ord. 29/1951

Courts (Amendment) Ordinance 1951 01-09-1951—

L.N. 502/1951

L.N. 637/1951

Amendment to Fourth Schedule

The Courts Ordinance 1948 30-11-1950

L.N. 207/1952

Amendment to Fourth Schedule

The Courts Ordinance 1948 26-04-1952

L.N. 238/1952

Amendment to Fourth Schedule

The Courts Ordinance 1948 15-05-1952

L.N. 566/1952

Amendment to Fourth Schedule

The Courts Ordinance 1948 23-10-1952

Ord. 80/1952

Courts (Amendment) Ordinance 1952 30-12-1952

L.N. 240/1953

Subordinate Courts (Signature of

Process) Rule No. 2 1953 01-05-1953

Subordinate Courts 45

Amending law

Short title

In force from

L.N. 317/1953

Amendment to Fourth Schedule

The Courts Ordinance 1948 25-06-1953

L.N. 462/1953

Amendment to Fourth Schedule

The Courts Ordinance 1948 22-08-1953

Ord. 49/1953

Courts (Amendment) Ordinance 1953 15-10-1953

L.N. 234/1954

Amendment to Fourth Schedule

The Courts Ordinance 1948 29-04-1954

L.N. 293/1954

Amendment to Fourth Schedule

The Courts Ordinance 1948 13-05-1954

L.N. 241/1955

Amendment to Fourth Schedule

The Courts Ordinance 1948 12-05-1955

L.N. 336/1955

Amendment to Fourth Schedule

The Courts Ordinance 1948 07-07-1955

L.N. 501/1955

Amendment to Fourth Schedule

The Courts Ordinance 1948 01-12-1955

Ord. 34/1955

Small

Estates

(Distributions)

Ordinance 1955

Different dates appointed for different States

L.N. 233/1956

Amendment to Fourth Schedule

The Courts Ordinance 1948 26-07-1956

L.N. 161/1957

Federation of Malaya Agreement

(Transfer of Powers of British

Advisers) Order 1957 04-04-1957

Ord. 5/1958

Courts (Amendment) Ordinance 1958 29-04-1958

Federal Constitution (Modification of Laws) (Courts Ordinance) Order 1958 19-06-1958

L.N. 107/1959

Amendment to Fourth Schedule

The Courts Ordinance 1948 09-04-1959

46

Amending law

Short title

In force from

Ord. 18/1959

State of Singapore Ordinance 1959 03-06-1959—

L.N. 212/1959

Ord. 24/1959

Courts (Amendment) Ordinance 1959 27-05-1959—

L.N. 217/1959

L.N. 191/1961

Amendment to Fourth Schedule

The Courts Ordinance 1948 15-06-1961

Act 38/1962

Judges of Appeal Act 1962 31-05-1960

Act 7/1964

Courts of Judicature Act 1964 16-09-1963:

s. 5 and as provided in

s. 81;

16-03-1964:

remainder—

Act 68/1965

Federal Statute Law Revision

(Former Federation of Malaya

Ordinances) Act 1965 30-09-1965

L.N. 88/1965

Amendment to Fourth Schedule

The Courts of Ordinance 1948 11-03-1965

Emergency

(Essential

Powers)

Ordinance No. 14 1969 19-12-1969

Courts (Amendment) Act 1971 30-04-1971

Courts (Amendment) Act 1972 16-03-1964:

s. 4;

23-06-1972:

other sections

Act A126

Courts of Judicature (Amendment)

Act 1972 01-11-1972

Subordinate Courts 47

Amending law

Short title

In force from

Act A128

Probate and

Administration

(Amendment and Extension) Act 1972 23-06-1972

P.U. (A) 43/1974

Federal Territory (Modification of the Subordinate Courts Act 1948)

Order 1974 01-02-1974

P.U. (A) 72/1974

Federal Territory (Modification of the Subordinate Courts Act 1948)

Order 1974—Corrigendum 01-02-1974

P.U. (B) 218/1975

Notification under subsection 77(2)

of the Subordinate Courts Act 1948 01-06-1975

Act 160

Malaysian Currency (Ringgit) Act 1975 29-08-1975

Act A315

Subordinate Courts (Amendment)

Act 1975 05-09-1975

Courts of Judicature (Amendment)

Act 1976 23-01-1976

Act A426

Dangerous Drugs (Amendment)

Act 1978 10-03-1978

Act A427

Firearms

(Increased

Penalties)

(Amendment) Act 1978 10-03-1978

Subordinate Courts (Amendment)

Act 1978 01-07-1978

Act A459

Subordinate Courts (Amendment)

Act 1979 01-10-1979

P.U. (A) 357/1980

Subordinate Courts Act (Extension)

Order 1980

01-06-1981

48

Amending law

Short title

In force from

Act A566

Constitution

(Amendment)

Act 1983 16-12-1982;

except s. 15,

16 & 17;

01-01-1985

Subordinate Courts (Amendment)

Act 1987 22-05-1987

Subordinate Courts (Amendment)

Act 1994 24-06-1994

Act A1228

Subordinate Courts (Amendment)

Act 2004 06-03-2007

Subordinate Courts (Amendment)

Act 2010 01-03-2013

P.U. (B) 65/2013

Notification under subsection 77(2)

of the Subordinate Courts Act 1948 01-03-2013

Subordinate Courts (Amendment)

Act 2020 22-10-2020

49

Act 92

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Ord 24/1959

Act A1228

27-05-1959 23-06-1972 23-01-1976 22-05-1987 24-06-1994 06-03-2007 01-03-2013 22-10-2020 3

Ord. 24/1959

27-05-1959 01-03-2013

4

24-06-1994 5

L.N. 240/1953

01-05-1953 01-03-2013

5A

Act A1382 01-03-2013

6

Ord 24/1959

19-06-1958 27-05-1959

7

Ord 24/1959

19-06-1958 27-05-1959

8

19-06-1958 10

L.N. 174/1958 19-06-1958

13

Ord 24/1959

Act 38/1962

27-05-1959 31-05-1960

50

Section

Amending authority

In force from 27

Ord 24/1959

27-05-1959 34

Ord 49/1953

15-10-1953 52

Ord 49/1953

15-10-1953 54

23-06-1972 01-03-2013

59

19-06-1958 24-06-1994

60

19-06-1958 23-01-1976

61

Ord 2/1950

01-10-1949

63

Ord 29/1951

Ord 49/1953

Act A315

Act A426

Act A427

01-09-1951 15-10-1953 19-12-1969 30-04-1971 05-09-1975 10-03-1978 10-03-1978 01-07-1978

64

Ord 49/1953

15-10-1953 19-12-1969 30-04-1971 01-07-1978

65

Ord 49/1953

15-10-1953 30-04-1971 01-07-1978 22-05-1987 24-06-1994 01-03-2013

69

01-03-2013

Subordinate Courts 51

Section

Amending authority

In force from 70

19-12-1969 30-04-1971 01-07-1978 22-05-1987 24-06-1994

72

19-12-1969 30-04-1971 01-07-1978 22-05-1987 24-06-1994

73

19-12-1969 30-04-1971 01-07-1978 22-05-1987 24-06-1994 01-03-2013

75

Ord 29/1951

01-09-1951 76

19-06-1958 24-06-1994

77

19-06-1958

78

19-06-1958 24-06-1994

78A

22-05-1987 79

19-06-1958

80

Ord 2/1950

Ord 49/1953

19-06-1958 01-10-1949 15-10-1953

85

Ord 49/1953

Act A459

15-10-1953 19-12-1969 30-04-1971 01-07-1978 10-10-1979

86

01-03-2013

52

Section

Amending authority

In force from 87

Ord 49/1953

15-10-1953 19-12-1969 30-04-1971 01-07-1978

89

22-05-1987

90

Ord 49/1954

15-10-1953 19-12-1969 30-04-1971 01-07-1978 22-05-1987 01-03-2013

91

01-03-2013

92

22-05-1987 01-03-2013

93

Ord 29/1951

01-09-1951 19-12-1969 30-04-1971 01-07-1978 22-05-1987 24-06-1994 01-03-2013

01-03-2013

99A

Ord 29/1951

01-09-1951 100

01-03-2013 101

Ord 24/1959

27-05-1959 101A

01-03-2013 101B

22-10-2020 102

Ord 29/1951

Ord 49/1953

01-09-1951 15-10-1953

Subordinate Courts 53

Section

Amending authority

In force from 106

L.N.174/1958

19-06-1958 24-06-1994

107

Ord 29/1951

01-09-1951 107A

22-10-2020 108

Ord 24/1959

27-05-1959

First Schedule

Act 7/1964

16-09-1963:

s. 5 and as provided in

s. 81;

16-03-1964:

remainder—

Second Schedule

Act 7/1964

16-09-1963:

s. 5 and as provided in

s. 81;

16-03-1964:

remainder—

Third Schedule

Ord 29/1951

Ord 80/1952

Ord 49/1953

P.U. (A) 72/1974

01-09-1951 30-12-1952 15-10-1953 19-06-1958 16-03-1964 01-03-1974 01-07-1978 24-06-1994

Fourth Schedule

L.N. 52/1949

L.N. 637/1952

L.N. 207/1952

L.N. 238/1952

L.N. 566/1952

L.N. 317/1953

L.N. 462/1953

L.N. 234/1954

L.N. 293/1954

L.N. 241/1949

L.N. 336/1955

L.N. 501/1955 18-02-1949 30-11-1950 26-04-1952 15-05-1952 23-10-1952 25-06-1953 22-08-1953 29-04-1954 13-05-1954 12-05-1955 07-07-1955 01-12-1955

54

Section

Amending authority

In force from

L.N. 233/1956

L.N. 161/1957

L.N. 107/1959

L.N. 191/1961

L.N. 88/1965

P.U. (B) 65/2013 26-07-1956 04-04-1957 19-06-1958 09-04-1959 15-06-1961 11-03-1965 23-06-1972 22-05-1987 01-03-2013

*SUBORDINATE COURTS ACT 1948

About this act

PART I

(2)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

PART II

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(2)

PART III

PART IV

PART V

(2)

PART VI

(3)

(4)

(a)

(b)

(c)

(2)

(3)

(4)

(5)

(a)

(b)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(k)

(2)

(3)

(4)

(a)

(b)

PART VII

(3)

(2)

(1)

(2)

(a)

(b)

(a)

(b)

(c)

(d)

(2)

(a)

(b)

(c)

(2)

PART VIII

PART X

(2)

(2)

(3)

(4)

(a)

(b)

(c)