Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
New section 116d
/akn/my/act/amendment_act/2024/A1722
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2024
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- Type
- Amendment Act
- Status
- In force
- Enacted
- 2024
- Sections
- 3
- Languages
- MS · EN
Quick answer
About this amendment act
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2024 is Malaysia Amendment Act, cited as Amendment Act A1722 2024, currently marked in force and first recorded in 2024.
Opening note
Preamble
- An Act to amend the Criminal Procedure Code. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
The Criminal Procedure Code [Act 593], which is referred to as the “Code” in this Act, is amended by inserting after section 116c the following section:
“Power to seize or prohibit dealing in money 116d. (1) Any police officer not below the rank of Sergeant may seize or prohibit the dealing in, any money held or suspected to be held in any payment instrument or any account at a financial institution in respect of which—
(a)
the police officer has reasonable cause to suspect that an offence has been committed;
(b)
the police officer has reasonable cause to suspect that the money has been used or is intended to be used to commit an offence; or
(c)
the police officer has reasonable cause to believe that the money constitutes evidence of an offence.
(2)
For the purpose of seizing or prohibiting the dealing in any money under subsection (1), the police officer may by written order—
(a)
direct any person who has the possession, custody or control of the money to deliver the money to any police officer; or
(b)
direct any person who has the possession, custody or control of the money not to allow any dealing in respect of the money for such period as may be specified in the written order.
(3)
Where any money held by any person who has the possession, custody or control is subject to a written order made by a police officer under subsection (2), any interest or other earnings derived from such money may be credited into the payment instrument or account at a financial institution after the date on which the written order was made and shall be deemed to be subjected to the written order.
(4)
Any person who has the possession, custody or control of the money who fails to comply with the written order made under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(5)
The written order issued under subsection (2) may be varied or revoked by a Sessions Court on the application of the person named or described in the written order.
Criminal Procedure Code (Amendment)
(6)
In considering the application under subsection (5), the Sessions Court shall have regard to—
(a)
the payment of debts incurred in good faith and due to any creditor before the making of the written order under subsection (2); and
(b)
the provision of an allocation for reasonable subsistence and other expenses of the person named or described in the written order, his family or employees.
(7)
The written order issued under subsection (2) shall cease to have effect after the expiration of eighteen months from the date of the written order if no prosecution for any offence under any written law is instituted with regard to such money.”.
Amendment of First Schedule
Section 3
The First Schedule to the Code is amended by inserting after the item relating to section 424 of the Penal Code and the particulars relating to it the following items and particulars:
1 2 3 4 5 6 7
Penal
Code section
Offence
Whether the police may ordinarily arrest without warrant or not
Whether a warrant or a summons shall ordinarily issue in the first instance
Whether bailable or not
Whether compoundable or not
Maximum punishment under the
Penal Code
“424a
Possession or control of payment instrument or account
May arrest without warrant do.
do.
do.
Fine not less than five thousand ringgit but not exceeding fifty thousand ringgit or imprisonment not less than six months but not exceeding five years or both
Act A1722 1 2 3 4 5 6 7
Penal
Code section
Offence
Whether the police may ordinarily arrest without warrant or not
Whether a warrant or a summons shall ordinarily issue in the first instance
Whether bailable or not
Whether compoundable or not
Maximum punishment under the
Penal Code 424b
Giving possession or control of payment instrument or account to other person do.
do.
do.
do.
Fine not less than ten thousand ringgit but not exceeding one hundred thousand ringgit or imprisonment not less than one year but not exceeding seven years or both 424c(1)
Engaging in transaction using his payment instrument or his account without lawful purpose do.
do.
do.
do.
Imprisonment not less than three years but not exceeding ten years or fine not less than ten thousand ringgit but not exceeding one hundred and fifty thousand ringgit or both 424c(2)
Engaging in transaction using payment instrument of other person or account of other person without lawful authority or lawful purpose do.
do.
do.
do.
Imprisonment not less than three years but not exceeding ten years or fine not less than ten thousand ringgit but not exceeding one hundred and fifty thousand ringgit or both”.
Common questions
- What is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024?
- CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2024 is Malaysia Amendment Act, cited as Amendment Act A1722 2024, currently marked in force and first recorded in 2024.
- Is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 still in force?
- Yes — AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 is currently in force.
- When did AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 take effect?
- AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 was first recorded in 2024.
- How many sections does AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 have?
- AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 contains 3 sections.
- Where can I read the official version of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024?
- The official text of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2024 is published at lom.agc.gov.my.