*CRIMINAL PROCEDURE CODE

Words which refer to acts done extend also to illegal omissions.

All words and expressions used herein and defined in the

Penal Code [Act 574] or the Police Act 1967, and not hereinbefore defined shall be deemed to have the meanings attributed to them by that Code or that Act, as the case may be.

The shoulder notes of this Code shall not affect the construction thereof.

Notwithstanding the definition of “seizable offence” in subsection (1), an offence under the Penal Code is a seizable offence if it is expressly provided in any written law that the offence is a seizable offence.

Trial of offences under Penal Code and other laws

hear, try, determine and dispose of in a summary way prosecutions for offences committed wholly or in part

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within the local jurisdiction of such Magistrate and cognizable by such Magistrate;

—

inquire into complaints of offences and summon and examine witnesses touching such offences and summon and apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;

issue warrants to search or to cause to be searched places wherein any stolen goods or any goods, articles or things with which or in respect of which any offence has been committed are alleged to be kept or concealed, and require persons to furnish security for the peace or for their good behaviour according to law;

hold inquiries of death; and

do all other matters and things which a Magistrate is empowered to do by any written law.

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in the taking or preventing the escape of any other person who the Magistrate, Justice of the Peace, police officer or penghulu is authorized to arrest;

in the prevention of a breach of the peace or of any injury attempted be committed to any railway, tramway, canal, dock, wharf, telegraph and public property; or

in the suppression of a riot or affray.

Aid to persons other than police officer executing warrant

of the commission of or the intention of any other person to commit any offence punishable under the Penal Code or any other written law; or

of any sudden or unnatural death or death by violence or of any death under suspicious circumstances, or of the body of any person being found dead without its being known how that person came by death, shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer or the nearest penghulu of the commission or intention or of the sudden, unnatural or violent death or of the finding of the dead body, as the case may be.

If any person discovers any dead body and he has reason to believe that the deceased met with his death through an unlawful act

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or omission he shall not remove or in any way alter the position of the body except so far as is necessary for its safety.

Police officer bound to report certain matters

the occurrence of any sudden or unnatural death or of any death under suspicious circumstances; or

the finding of the dead body of any person without its being known how the person came by his death.

If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest such officer or other person may use all means necessary to effect the arrest.

Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for a term of not less than thirty years but not exceeding forty years or with imprisonment for life.

Search of place entered by person sought to be arrested

If ingress to that place cannot be obtained under subsection (1)

it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape for a police officer or penghulu to enter the place and search in it, and in order to effect an entrance into the place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.

Search of persons in place searched under warrant

Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.

Search of persons arrested

by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

without warrant or by a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom such private person hands over the person arrested may search such person and place in safe custody all articles other than necessary wearing apparel found upon him, and any of those articles which there is reason to believe were the instruments or the fruits or other evidence of the crime may be detained until his discharge or acquittal.

Procedure on search of a person

Notwithstanding any written law, the provisions of the

Fourth Schedule shall apply to any search of a person conducted by any officer of any enforcement agency conferred with the power of arrest or search of a person under any law.

The Minister charged with the responsibility for internal security and public order may amend the Fourth Schedule by order published in the Gazette.

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Power to seize offensive weapons

any person who has been concerned in any offence committed anywhere in Malaysia which is a seizable offence under any law in force in that part of Malaysia in which it was committed or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;

any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking;

any person who has been proclaimed under section 44;

any person in whose possession anything is found which may reasonably be suspected to be stolen or fraudulently obtained property and who may reasonably be suspected of having committed an offence with reference to that thing;

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any person who obstructs a police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;

any person reasonably suspected of being a deserter from the Armed Forces of Malaysia;

any person found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking those precautions with a view to committing a seizable offence;

any person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself;

any person who is by repute a habitual robber, housebreaker or thief or a habitual receiver of stolen property knowing it to be stolen or who by repute habitually commits extortion or in order to commit extortion habitually puts or attempts to put persons in fear of injury;

any person in the act of committing in his presence a breach of the peace; or

any person subject to the supervision of the police who fails to comply with the requirements of section 296.

Nothing in this section shall be held to limit or to modify the operation of any other law empowering a police officer or penghulu to arrest without a warrant.

If any person is arrested without warrant in any component territory of Malaysia (which expression shall in this subsection have the same meaning as in the Warrants and Summonses (Special Provisions)

Act 1965 [Act 6 of 1965]) for an offence alleged to have been committed in any other component territory of Malaysia, the provisions of the

Warrants and Summonses (Special Provisions) Act 1965, shall, so far as they may be appropriate and with any necessary modifications, apply for the purposes of the custody, transfer, release on bail and appearance before the appropriate Court in the other component territory of

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Malaysia of that person as if he had been arrested under a warrant issued by a Magistrate in the last mentioned component territory.

Refusal to give name and residence

When any person is thus taken before a Magistrate, the

Magistrate may either require him to execute a bond, with or without a surety, for his appearance before a Magistrate if so required, or may order him to be detained in custody until he can be tried.

When any person in the presence of a police officer or penghulu commits or is accused of committing a non-seizable offence and on the demand of a police officer or penghulu to give his name and residence gives as his residence a place not within Malaysia, he may be arrested by the police officer or penghulu and shall be taken immediately either before the nearest Magistrate who may require him to execute a bond with or without a surety for his appearance before a Magistrate if so required or may order him to be detained in custody until he can be tried, or before a police officer not below the rank of Inspector who may require him to furnish a bond with or without a surety for his appearance before a Court if required.

How person arrested by penghulu is to be dealt with

If there is reason to believe that such person comes under the provisions of section 23 a police officer shall rearrest him.

If there is reason to believe that he has committed a non-seizable offence and he refuses on the demand of a police officer to give his name and residence or gives a name or residence which the officer has reason to believe to be false or gives a residence which is not within

Malaysia he shall be dealt with under section 24.

If there is no reason to believe that he has committed an offence he shall be at once released.

Any person who commits an offence on or with respect to the property of another may if his name and address are unknown be apprehended by the person injured or by any person who is using the property to which the injury is done, or by the servant of either of those persons or by any person authorized by or acting in aid of either of those persons, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct or until he can be delivered into the custody of a police officer.

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If any person lawfully apprehended under subsection (5)

assaults or forcibly resists the person by whom he is so apprehended or any person acting in his aid he shall be liable to a fine of one hundred ringgit.

How person arrested is to be dealt with and detention for more than twenty-four hours

No police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.

Such period shall not in the absence or after the expiry of a special order of a Magistrate under section 117 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate.

Rights of person arrested

A police officer shall, before commencing any form of questioning or recording of any statement from the person arrested, inform the person that he may―

Where the person arrested wishes to communicate or attempt to communicate with the persons referred to in paragraphs (2)(a) and (b), the police officer shall, as soon as may be, allow the arrested person to do so.

Where the person arrested has requested for a legal practitioner to be consulted, the police officer shall allow a reasonable time―

The consultation under subsection (4) shall be within the sight of a police officer and in circumstances, in so far as practicable, where their communication will not be overheard.

The police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication or attempted communication under paragraph 2(b) or the consultation under subsection (4) has been made.

The police officer shall provide reasonable facilities for the communication and consultation under this section and all such facilities provided shall be free of charge.

The requirements under subsections (2), (3), (4), (5), (6) and (7)

shall not apply where the police officer reasonably believes that―

Subsection (8) shall only apply upon authorization by a police officer not below the rank of Deputy Superintendent of Police.

The police officer giving the authorization under subsection (9)

shall record the grounds of belief of the police officer that the conditions specified under subsection (8) will arise and such record shall be made as soon as practicable.

The investigating officer shall comply with the requirements under subsections (2), (3), (4), (5), (6) and (7) as soon as possible after the conditions specified under subsection (8) have ceased to apply where the person arrested is still under detention under this section or under section 117.

Release of person arrested

Such summons shall ordinarily be served by a police officer but the Court issuing the summons may if it sees fit direct it to be served by any other person.

Summons how served

Every person on whom a summons is so served shall if so required by the serving officer sign a receipt for the copy thereof on the back of the original summons.

In the case of a corporation the summons may be served on the secretary or other like officer of the corporation.

Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy thereof for him with some adult member of his family or with his servant residing with him.

Procedure when personal service cannot be effected

Every such warrant shall remain in force until it is cancelled by the Court which issued it or until it is executed.

Court may direct by indorsement on warrant security to be taken

The indorsement or footnote shall state―

Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.

Warrants, to whom directed

The Court issuing a warrant may direct it to any person or persons by name not being police officers and all or any one or more of such persons may execute the same.

Notification of substance of warrant

The Magistrate shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to the Court named in the warrant:

Provided that, if the offence is bailable and the person arrested is ready and willing to give bail to the satisfaction of the Court before which he is brought or a direction has been indorsed under section 39

on the warrant and that person is ready and willing to give the security required by the direction, such last mentioned Court shall take the bail or security, as the case may be, and forward the bond to the Court named in the warrant.

Nothing in this section shall be deemed to prevent a police officer from taking security under section 39.

Proclamation and Attachment

Proclamation for person absconding

The proclamation shall be published as follows:

A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on that day.

Attachment of property of person proclaimed

The order shall authorize the attachment of any property belonging to the person within the local jurisdiction of the Court by which it is made, and it shall authorize the attachment of any property belonging to that person without such jurisdiction when indorsed by a

Magistrate within whose jurisdiction the property is situate.

If the property ordered to be attached consists of debts or other movable property the attachment shall be made—

If the property ordered to be attached be immovable the attachment under this section shall be made through the Land

Administrator of the district in which the land is situate; and upon the receipt of an order of attachment the said Land Administrator shall execute the same―

No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with the land for the time being in force.

The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under rules of court in force for the time being.

If the proclaimed person does not appear within the time specified in the proclamation the property shall be at the disposal of the Government, but it shall not be sold until the expiration of six months from the date of the attachment unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.

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Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached:

Provided that such claim is made within three months from the order of attachment.

The Court shall record the claim so made and shall cause a copy thereof to be served upon the Public Prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why the property, if attached, should not be released, or why the order of attachment should not be cancelled so far as it relates to the property so claimed.

At the hearing the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.

Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials in summary cases before Magistrates.

The Court shall, if satisfied of the truth and justice of the claim, direct such property to be released or such order to be cancelled, or if satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.

The Court may in its discretion award to the claimant costs and such advocates’ fees as it thinks proper which shall be paid out of the

Consolidated Fund.

Restoration of attached property

if either before the issue of summons or after the issue of the same but before the time fixed for his appearance the

Court sees reason to believe that he has absconded or will not obey the summons; or

if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

Summonses to appear and warrants of arrest may be executed in any part of Malaysia

No such summons shall be indorsed by a Court issuing the same with the words “For service out of the jurisdiction” unless the Court is satisfied that there are special grounds for allowing such service, which grounds shall be recorded before the summons is so indorsed.

Power to take bond for appearance

Any person required under this section merely to produce any property or document shall be deemed to have complied with the requisition if he causes the property or document to be produced instead of attending personally to produce the same.

Nothing in this section shall be deemed to affect the provisions of any law relating to evidence for the time being in force or to apply to any postal article, telegram or other document in the custody of the postal or telegraph authorities.

Delivery of certain documents

a copy of the information made under section 107 relating to the commission of the offence to which the accused is charged, if any;

a copy of any document which would be tendered as part of the evidence for the prosecution; and

a written statement of facts favourable to the defence of the accused signed under the hand of the Public Prosecutor or any person conducting the prosecution.

Notwithstanding paragraph (c), the prosecution may not supply any fact favourable to the accused if its supply would be contrary to public interest.

A document shall not be inadmissible in evidence merely because of non-compliance with subsection (1).

The Court may exclude any document delivered after the commencement of the trial if it is shown that such delivery was so done deliberately and in bad faith.

Where a document is delivered to the accused after the commencement of the trial, the Court shall allow the accused―

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If any such postal article, telegram or other document is in the opinion of the Public Prosecutor wanted for any such purpose he may require the postal or telegraph authorities to cause search to be made for and to detain that document pending the orders of a Judge or a

Sessions Court Judge.

Sections 34 to 37 to apply

any Court has reason to believe that a person to whom a summons under section 51 or a requisition under subsection 52(1) has been or might have been addressed will not or would not produce the property or document as required by the requisition;

that property or document is not known to the Court to be in the possession of any person; or

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the Court considers that the purposes of justice or of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, the Court may issue a search warrant and the person to whom that warrant is directed may search and inspect in accordance with the warrant and the provisions herein contained.

Nothing herein contained shall authorize any Court other than the High Court to grant a warrant to search for a postal article, telegram or other document in the custody of the postal or telegraph authorities.

A search warrant shall ordinarily be directed to the Chief Police

Officer of the State in which it is issued and to some other officers to be designated by name therein, and all or any of those police officers may execute the warrant.

The Court issuing a search warrant may direct it to any person or persons by name, not being police officers, and all or any one or more of those persons may execute the warrant.

Power to restrict search warrant

Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant.

Search warrants issued under this Code may be executed in any part of Malaysia.

Search for persons wrongfully confined

The person to whom the warrant is directed may search for the person confined.

The search shall be made in accordance with the warrant and the person, if found, shall be immediately taken before a Magistrate who shall make such order as in the circumstances of the case seems proper.

Persons in charge of closed places to allow search

If ingress to such place cannot be so obtained the officer or other person executing the warrant may proceed in the manner provided by subsection 16(2).

Magistrate issuing search warrant may attend at its execution