Criminal Procedure Code 1

LAWS OF MALAYSIA

REPRINT

Act 593

CRIMINAL PROCEDURE
CODE
As at 1 October 2018

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
2018
2 Laws of Malaysia Act 593

CRIMINAL PROCEDURE CODE

First enacted ... … … … 1935 (F.M.S. Cap. 6)

Revised … … … … 1999 (Act 593 w.e.f.

4 April 1999)

Latest amendment made

by Act A1521 which came
into operation on ... … … … 1 March 2017
except sections
17, 18, and 19

Previous Reprints

First Reprint … … … 2002

Second Reprint … … … 2006

Third Reprint … … … 2012

 Criminal Procedure Code 3

LAWS OF MALAYSIA

Act 593

CRIMINAL PROCEDURE CODE

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY

Chapter I

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

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 RETAKING

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. 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
 Criminal Procedure Code 5
Section

32. Power on escape to pursue and retake

33. Sections 16 and 18 to apply to arrests under section 32

Chapter V

PROCESSES TO COMPEL APPEARANCE

Summons

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 endorsement 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. 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
Chapter 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. 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

Part 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
 Criminal Procedure Code 7
Section

67. Security for keeping the peace in other cases

68. Security for good behaviour from suspected persons, vagrants and
persons disseminating seditious matter
69. 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

Chapter VIII

UNLAWFUL ASSEMBLIES

83. Who may order unlawful assembly to disperse

84. Forcible dispersal of unlawful assemblies
85–87. (Deleted)
88. Protection against prosecution

Chapter IX

PUBLIC NUISANCES

89. Magistrate may make conditional order for removal of nuisance

90. Order to be served or notified
8 Laws of Malaysia Act 593
Section

91. Person against whom order is made to obey or appear and show
cause
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

Chapter 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., 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

Chapter 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 XIIa

ANCILLARY INVESTIGATIVE POWERS IN

RELATION TO TERRORISM OFFENCES

106a–106c. (Deleted)
 Criminal Procedure Code 9
Part 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. 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

Part VI
PROCEEDINGS IN PROSECUTIONS
Chapter XIV
JURISDICTION OF CRIMINAL COURTS IN INQUIRIES
AND TRIALS

121. Ordinary place of inquiry and trial

10 Laws of Malaysia Act 593
Section

122. Accused triable in place where act is done or where consequence

ensues

123. Place of trial where act is an offence by reason of relation to other

offence

124. Offences of escaping from custody, of criminal misappropriation or

criminal breach of trust and of stealing, where triable

125. Where scene of offence is uncertain, etc.

126. Offence committed on a journey

127. When doubt arises High Court to decide

127a. Liability for offences committed out of Malaysia

127b. Power to direct copies of depositions and exhibits to be received in

evidence

Conditions Requisite for Initiation of Proceedings

128. Cognizance of offences by Magistrates

129. Sanction required for prosecution for certain offences

130. Where complaint by Public Prosecutor is necessary

131. Where complaint by person aggrieved

132. Where complaint by husband

Chapter XV

COMPLAINTS TO MAGISTRATES

133. Examination of complainant

134. Postponement of issue of process

135. Dismissal of complaint

 Criminal Procedure Code 11
Chapter XVI

COMMENCEMENT OF PROCEEDINGS BEFORE

A MAGISTRATE’S COURT

Section

136. Issue of process

137. Personal attendance of accused may be dispensed with

Chapter XVII

PRELIMINARY INQUIRIES INTO CASES TRIABLE

BY THE HIGH COURT

138–151. (Deleted)

Chapter XVIIa

SPECIAL PROCEDURE RELATING TO COMMITAL IN

CASES TRIABLE BY THE HIGH COURT WHERE THE
ACCUSED IS LEGALLY REPRESENTED

151a–151b. (Deleted)

Chapter XVIII

THE CHARGE

152. Form of charge

153. Particulars as to time, place and person
154. When manner of committing offence must be stated
155. Sense of words used in charge to describe offence
156. Effect of errors
157. (Deleted)
158. Court may alter or add to charge
159. When trial may proceed immediately after alteration or addition
160. When new trial may be directed or trial suspended
161. Stay of proceedings if prosecution of offence in altered charge requires
previous sanction
162. Recall of witnesses when charge altered
163. Separate charges for distinct offences
12 Laws of Malaysia Act 593
Section

164. Three offences of same kind within twelve months may be charged
together
165. Trial for more than one offence
166. Where it is doubtful what offence has been committed
167. When a person charged with one offence can be convicted of another
168. Person charged with an offence can be convicted of the attempt
169. When offence proved is included in offence charged
170. When persons may be charged jointly
171. Withdrawal of remaining charges on conviction on one of several
charges
171a. Outstanding offences
172. Charges to be in forms in Second Schedule

Chapter XVIIIa

PRE-TRIAL PROCESSES

172a. Pre-trial conference

172b. Case management
172c. Plea bargaining
172d. Disposal of the case
172e. Finality of the judgment
172f. Statements of, or facts stated by, accused not to be used for any other
purpose
172g. Subparagraph 172d(1)(c)(ii) to be applicable to accused who pleads
guilty

Chapter XIX

SUMMARY TRIALS BY MAGISTRATES

173. Procedure in summary trials

173a. Power to discharge conditionally or unconditionally
174. Addresses
175. Power to award compensation
176. Particulars to be recorded
177. Transfer of cases
177a. Transmission of case to, and trial by, the High Court
 Criminal Procedure Code 13
Chapter XX

TRIALS BEFORE THE HIGH COURT

Section

178. Commencement of trial

179. Opening case for prosecution
180. Procedure after conclusion of case for prosecution
181. Defence
182. Reply
182a. Procedure at the conclusion of the trial
183. Sentence
183a. Victim’s impact statement

Chapter XXI

TRIALS BEFORE THE HIGH COURT WITH THE

AID OF ASSESSORS

183a–199. (Deleted)

Chapter XXII

TRIALS BY JURY BEFORE THE HIGH COURT

199a–235. (Deleted)

Chapter XXIII

JURORS AND ASSESSORS

235a–251. (Deleted)

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

252–252a. (Deleted)
253. Procedure where there are previous convictions
254. Public Prosecutor may decline to prosecute further at any stage
254a. Reinstatement of trial after discharge
255. Right of accused to be defended
14 Laws of Malaysia Act 593
Section

256. Court may put questions to accused

257. Case for prosecution to be explained by Court to undefended accused
258. Procedure where accused does not understand proceedings
259. Power to postpone or adjourn proceedings
260. Compounding offences
261. Change of Magistrate during hearing
262. Detention of offenders attending in Court
263. Weekly or public holiday

Chapter XXV

MODE OF TAKING AND RECORDING EVIDENCE

IN INQUIRIES AND TRIALS

264. Evidence to be taken in presence of accused

265. Manner of recording evidence
265a. Special provisions relating to protected witness
265b. Identification by witness where evidence is taken in camera
265c. Protection of identity of witness
266. Recording evidence in summons cases
267. Recording evidence in other cases
268. Record to be in narrative form
269. Reading over evidence and correction
270. Interpretation of evidence to accused
271. Remarks as to demeanour of witness
272. Judge to take notes of evidence
272a. Other persons may be authorized to take down notes of evidence
272b. Evidence through live video or live television links

Chapter XXVa

RECORDING OF PROCEEDINGS BY
MECHANICAL MEANS

272c. Application of this Chapter

272d. Interpretation for the purposes of this Chapter
272e. Proceedings may be recorded by mechanical means or combination
of mechanical means and other modes
 Criminal Procedure Code 15
Section

272f. Electronic record to be transcribed

272g. Safe custody of electronic record and transcript
272h. Transcript of statement, evidence or deposition of person or witness
272i. Transcript to form part of record or notes of proceedings or evidence
272j. Electronic filing, lodgement, submission and transmission of document
272k. Issuance of Practice Direction

Chapter XXVI

JUDGMENT

273. Mode of delivering judgment

274. (Deleted)
275. Sentence of death not to be passed on pregnant woman
276. Judgment in the alternative
277. Judgment of death
278. Judgment not to be altered
279. Judgment to be explained to accused and copy supplied
280. Judgment to be filed with record

Chapter XXVII

SENTENCES AND THE CARRYING OUT

OF IT

281. Provisions as to execution of sentences of death

282. Provisions as to execution of sentences of imprisonment
283. Provisions as to sentences of fine
284. Suspension of execution in certain cases
285. Warrant by whom issuable
286. Place for executing sentence of whipping
287. Time of executing such sentence
288. Mode of executing such sentence
289. Sentence of whipping forbidden in certain cases
290. Medical Officer’s certificate required
291. Procedure if whipping cannot be inflicted
16 Laws of Malaysia Act 593
Section

292. Commencement of sentence of imprisonment on prisoner already

undergoing imprisonment
293. Youthful offenders
294. First offenders
294a. Conditions of bonds
295. Sentence of police supervision
295a. Rehabilitative counseling
296. Obligations of persons subject to supervision
297. Penalty for non-compliance with section 296
298. (Deleted)
299. Return of warrant

Chapter XXVIII

SUSPENSIONS, REMISSIONS AND COMMUTATIONS

OF SENTENCES

300. Power to suspend or remit sentence

301. Power to commute punishment

Chapter XXIX

PREVIOUS ACQUITTALS OR CONVICTIONS

302. Person once convicted or acquitted not to be tried again for same
offence
303. Plea of previous acquittal or conviction

Part VII

APPEAL AND REVISION

Chapter XXX

APPEALS TO THE HIGH COURT

303a. Appeals from Sessions Courts

304. Cases in which no appeal lies
305. When plea of guilty limited right of appeal
306. Appeal against acquittal
307. Procedure for appeal
 Criminal Procedure Code 17
Section

308. Transmission of appeal record

309. (Deleted)
310. Appeal specially allowed in certain cases
311. Stay of execution pending appeal
312. Setting down appeal on list
313. Procedure at hearing
314. Non-appearance of respondent
315. Arrest of respondent in certain cases
316. Decision on appeal
317. Order to take further evidence
318. Judgment
319. Certificate and consequence of judgment
320. Death of parties to appeal
321. (Deleted)
322. Costs

Chapter XXXI

REVISION

323. Power to call for records of subordinate Courts

324. Power to order further inquiry
325. Powers of Judge on revision
326. Permission for parties to appear
327. Orders on revision

Part VIII

SPECIAL PROCEEDINGS

Chapter XXXII

INQUIRIES OF DEATH

328. Meaning of “cause of death”

329. Duty of police officer to investigate death
330. Duty of officer to arrange for post-mortem examination in certain
cases
18 Laws of Malaysia Act 593
Section

331. Post-mortem examination of body

332. Report of Government Medical Officer
333. Duty of Magistrate on receipt of report
334. Inquiry into cause of death of a person in custody of police or in any
asylum
335. Powers of Magistrate
336. Magistrate may view body
337. Inquiries to be made by Magistrate
338. Evidence and finding to be recorded
339. Power of Public Prosecutor to require inquiry to be held
340. Admissibility of medical report in certain cases
341. Custody of proceedings
341a. Power to revise

Chapter XXXIII

PERSONS OF UNSOUND MIND

342. Procedure where accused is suspected to be of unsound mind

343. Certificate of Medical Director
344. Release of person of unsound mind pending investigation or trial
345. Resumption of trial
346. (Deleted)
347. Judgment of acquittal on ground of mental disorder
348. Safe custody of person acquitted
349. Procedure where prisoner of unsound mind is reported able to make
his defence
350. Procedure where person of unsound mind is reported fit for discharge
351. Delivery of person of unsound mind to care of relative
352. Interpretation of “psychiatric hospital” and “Visitors”
352a. (Deleted)

Chapter XXXIV

PROCEEDINGS IN CASE OF CERTAIN OFFENCES

AFFECTING THE ADMINISTRATION OF JUSTICE

353. Procedure as to offences committed in Court

 Criminal Procedure Code 19
Section

354. Record of facts constituting the offence

355. Alternative procedure
356. Power to remit punishment
357. Refusal to give evidence
358. Appeal
359. Magistrate not to try certain offences committed before himself

Chapter XXXV

MAINTENANCE OF WIVES AND CHILDREN

360–364. (Deleted)

Chapter XXXVI

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

365. Power of High Court to make certain orders

366. Form of application
367. Affidavit, by whom signed
368. Copy of warrant
369. Defendant in custody under writ of attachment to be brought before
Court
370. Warrant to be prepared
371. Service of warrant
372. Attendance of prisoner in criminal case
373. Duty of officer to whom warrant is addressed
374. Appeal
375. No application to banishment warrant

Part IX

SUPPLEMENTARY PROVISIONS

Chapter XXXVII

THE PUBLIC PROSECUTOR

376. Public Prosecutor

377. Conduct of prosecutions in Court
20 Laws of Malaysia Act 593
Section

378. No one to appear for Public Prosecutor

379. Employment of advocate
380. Prosecution by private persons
380a. Sections 377 and 380 to prevail over other laws
381–386. (Deleted)

Chapter XXXVIII

BAIL

387. When person may be released on bail

388. When person accused of non-bailable offence may be released on
bail
389. Amount of bond
390. Bond to be executed
391. Person to be released
392. When warrant of arrest may be issued against person bailed
393. Sureties may apply to have bond discharged
394. Appeal

Chapter XXXIX

SPECIAL PROVISIONS RELATING TO EVIDENCE

395. Procedure where person able to give material evidence is dangerously

ill
396. Evidence of persons not called as witness
397. Deposition of medical witness
398. (Deleted)
399. Reports of certain persons
399a. Report of Central Bank on currency note or coin
399b. Evidence or report by an expert on matters relating to organized
criminal group
400. How previous conviction or acquittal may be proved
 Criminal Procedure Code 21
Section

401. Record of evidence in absence of accused

402. (Deleted)
402a. Alibi
402b. Proof by written statement
402c. Proof by formal admission

Chapter XL

PROVISIONS AS TO BONDS

403. Deposit instead of bond

404. Procedure on forfeiture of bond
405. Appeal from orders
406. Power to direct levy of amount due on bond

Chapter XLI

DISPOSAL OF EXHIBITS AND OF PROPERTY

THE SUBJECT OF OFFENCES

406a. Court shall consider manner of disposal of exhibits

407. Order for disposal of property regarding which offence committed
407a. Disposal of seized articles
407b. Penalty if property has been disposed or concealed
408. Direction instead of order
409. Payment to innocent person of money found on accused
410. Stay of order
411. Destruction of libellous and other matter
412. Restoration of possession of immovable property
413. Procedure by police on seizure of property
414. Procedure where no claim established
415. Procedure where property is perishable or of small value
416. Procedure where owner is absent
22 Laws of Malaysia Act 593
Chapter XLII

TRANSFER OF CRIMINAL CASES

Section

417. High Court’s power to transfer cases

418. Application for transfer to be supported by affidavit
418a. Trials by High Court on a certificate by the Public Prosecutor
418b. Cases to which section 418a is applicable

Chapter XLIII

IRREGULARITIES IN PROCEEDINGS

419. Proceeding in wrong place, etc.

420. Procedure when confession irregularly taken
421. Omission to frame charge
422. Irregularities not to vitiate proceedings
423. Irregularity in distress

Chapter XLIV

MISCELLANEOUS

424. Affidavits before whom sworn

425. Power of Court to summon and examine persons
425a. Trial in absence of an accused
426. Order for payment of costs of prosecution and compensation
427. Payment of expenses of prosecutors and witnesses
428. Rules as to rates of payment
429. (Deleted)
430. Reward for unusual exertion
431. Compensation for family of person killed in arresting
432. Provisions as to money payable as costs or compensation
433. Copies of proceedings
434. (Deleted)
435. Power of police to seize property suspected of being stolen
436. Person released on bail to give address for service
 Criminal Procedure Code 23
Section

437. Power to compel restoration of abducted persons

438. Compensation for giving in charge groundlessly
439. Magistrate not to act where interested
440. Public servants not to bid at sales under this Code
441. When receivers, etc., charged, evidence of other cases allowed
442. When evidence of previous conviction may be given
443. Forms
444. Application of fines

First Schedule

TABULAR STATEMENT OF OFFENCES UNDER

THE PENAL CODE

Second Schedule

FORMS

Form

1. Summons to an Accused Person

2. Warrant of Arrest
3. Bond and Bail Bond after Arrest under a Warrant
4. Proclamation Requiring the Appearance of a Person Accused
5. Proclamation Requiring the Attendance of a Witness
6. Order of Attachment to Compel the Attendance of a Witness
7. Warrant in the First Instance to Bring up a Witness
8. Warrant to Search after Information of a Particular Offence
9. Warrant to Search Suspected Place of Deposit
10. Bond to Keep the Peace
11. Bond for Good Behaviour
12. Order to Show Cause
13. Summons on Information of a Probable Breach of the Peace
14. Warrant of Commitment on Failure to Find Security to Keep the Peace
15. Warrant of Commitment on Failure to Find Security for Good Behaviour
16. Warrant to Discharge a Person Imprisoned on Failure to Give Security
24 Laws of Malaysia Act 593
Form
17. Order for the Removal of Nuisances
18. Notice and Peremptory Order by Magistrate after Order Absolute
19. Injunction to Provide Against Imminent Danger Pending Decision
20. Order of Magistrate Prohibiting the Repetition, etc., of a Nuisance
21. Order of Magistrate to Prevent Obstruction, Riot, etc.
22. Order of Magistrate Declaring Party Entitled to Retain Possession of
Land, etc., in Dispute
23. Warrant of Attachment in the Case of a Dispute as to the Possession of
Land, etc.
24. Order of Magistrate Prohibiting the Doing of Anything on Land or Water
25. Bond to Prosecute or Give Evidence
26. Report of Police Investigation
27. Charges
(I) Charges with One Head
(II) Charges with Two or More Heads
(III) Charge for Theft after a Previous Conviction
28. Formal Part of Charges Tried Before the High Court
28a. Application for plea bargaining
29. Warrant of Commitment on a Sentence of Imprisonment or Fine
30. Warrant of Imprisonment on Failure to Recover Amends by Distress
31. Summons to a Witness
32. (Deleted)
33. Warrant of Commitment under Sentence of Death
34. Warrant of Execution on a Sentence of Death
35. Warrant to Levy a Fine by Distress and Sale
36. Bond to Appear and Receive Judgment
37. Warrant of Commitment in Certain Cases of Contempt when a Fine is
Imposed
38. Warrant of Commitment of Witness Refusing to Answer
39. (Deleted)
40. Warrant to Discharge a Person Imprisoned on Failure to give Security
41. Warrant of Attachment to Enforce a Bond
42. Notice to Surety on Breach of a Bond
43. Notice to Surety of Forfeiture of Bond for Good Behaviour
 Criminal Procedure Code 25
Form

44. Warrant of Attachment against a Surety

45. Warrant of Commitment of the Surety of an Accused Person Admitted
to Bail
46. Notice to the Principal of Forfeiture of a Bond to Keep the Peace
47. Warrant to Attach the Property of the Principal on Breach of a Bond to
Keep the Peace
48. Warrant of Imprisonment on Breach of a Bond to Keep the Peace
49. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour
50. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour
51. Form of Petition of Appeal
52. Form of Warrant
53. Form of Warrant
54. Warrant to Bring up Prisoner to Give Evidence

Third Schedule

(Deleted)

Fourth Schedule

PROCEDURE ON BODY SEARCH

26 Laws of Malaysia Act 593
 Criminal Procedure Code 27

LAWS OF MALAYSIA

Act 593

CRIMINAL PROCEDURE CODE

An Act relating to criminal procedure.

[Throughout Malaysia—
10 January 1976, Act A324]

Part I

PRELIMINARY

Chapter I

Short title

1. This Act may be cited as the Criminal Procedure Code, and

is referred to in this Act as “this Code”.

Interpretation

2. (1) In this Code—

“advocate” has the meaning assigned by section 3 of the

Interpretation Acts 1948 and 1967 [Act 388];

“bailable offence” means an offence shown as bailable in the

First Schedule or which is made bailable by any other law for
the time being in force and “non-bailable offence” means any
other offence;

“communication” means a communication received or transmitted

by post or a telegraphic, telephonic or other communication
received or transmitted by electricity, magnetism or other means;
28 Laws of Malaysia Act 593

“communications service provider” means a person who provides

services for the transmission or reception of communications;

“complaint” means that allegation made orally or in writing

to a Magistrate with a view to his taking action under this Code
that some person whether known or unknown has committed or
is guilty of an offence;

“Court” means the High Court, a Sessions Court, or a Magistrate’s

Court of any class, as the context may require;

“diplomatic officer” means an Ambassador, High Commissioner,

Minister, Charge d’Affaires, Deputy High Commissioner, Secretary
and Attache of a Diplomatic Mission of Malaysia, including a
High Commission within the meaning of the Diplomatic and
Consular Officers (Oaths and Fees) Act 1959 [Act 348];

“fine” includes any fine, pecuniary penalty or forfeiture or

compensation adjudged upon any conviction of any crime or
offence or for the breach of any law for the time being in force
by any Court in Malaysia;

“Government Hospital” includes the University Hospital,

University of Malaya;

“Government Medical Officer” or “Medical Officer” includes a

medical practitioner who has been given by the Director General
of Health Malaysia, an authorization in writing under section 34c
of the Medical Act 1971 [Act 50] to perform functions specified
in that section;

“inquiry” includes every inquiry conducted under this Code

before a Magistrate;

“Inspector of Police” means Inspector of Police of any class

but does not include a Sub-Inspector;

“judicial proceeding” means any proceeding in the course of

which evidence is or may be legally taken;

“local limits of the jurisdiction” of a Magistrate’s Court means

the limits of the ordinary administrative district in which the
Court house is situated;
 Criminal Procedure Code 29

“Medical Director” of a psychiatric hospital includes a Deputy

Medical Director;

“non-seizable offence” means an offence for which and “non-

seizable case” means a case in which a police officer may not
ordinarily arrest without warrant according to the third column
of the First Schedule;

“offence” means any act or omission made punishable by any

law for the time being in force;

“Officer in charge of a Police District” means any police officer

appointed as such and, when any officer so appointed is unable
through absence, illness or otherwise to perform his duties, means
the police officer designated, under the authority of the Inspector
General to act for him;

“place” includes a house, building, tent and vessel;

“Police District” means any area designated as such under the

Police Act 1967 [Act 344], and, unless and until an area is so
designated, means any area constituted or recognized as a Police
District at the commencement of this Code;

“postal article” shall have the meaning given to the expression

by the *Postal Services Act 1991 [Act 465];

“Registrar” means the Chief Registrar, Deputy Registrar or any

Assistant Registrar of the Federal Court, of the Court of Appeal
or of the High Court;

“seizable offence” means an offence for which and “seizable

case” means a case in which a police officer may ordinarily
arrest without warrant according to the third column of the First
Schedule;

“summons case” means a case relating to an offence and not

being a warrant case;

“warrant case” means a case relating to an offence punishable

with death or with imprisonment for a term exceeding six months;

*NOTE—The Postal Services Act 1991 [Act 465] has since been repealed by the Postal Services
Act 2012 [Act 741]—see subsection 110(1) of Act 741.
30 Laws of Malaysia Act 593

“youthful offender” means a person convicted of an offence

punishable by fine or imprisonment who is of or above the age
of eighteen and below the age of twenty-one.

(2) Words which refer to acts done extend also to illegal

omissions.

(3) 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.

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

(5) 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

3. All offences under the Penal Code shall be inquired into and
tried according to the provisions hereinafter contained, and all
offences under any other law shall be inquired into and tried
according to the same provisions: subject however to any written
law for the time being in force regulating the manner or place
of inquiring into or trying such offences.

Saving of powers of High Court

4. Nothing in this Code shall be construed as derogating from

the powers or jurisdiction of the High Court.

Laws of England, when applicable

5. As regards matters of criminal procedure for which no special

provision has been made by this Code or by any other law for
the time being in force the law relating to criminal procedure
for the time being in force in England shall be applied so far as
the same shall not conflict or be inconsistent with this Code and
can be made auxiliary thereto.
 Criminal Procedure Code 31

Part II

PROVISIONS AS TO CRIMINAL COURTS

Chapter II

CRIMINAL COURTS IN GENERAL

Courts

6. The Courts for the administration of criminal justice in Malaysia

shall be those constituted pursuant to the Constitution, or the
Courts of Judicature Act 1964 [Act 91], or by the Subordinate
Courts Act 1948 [Act 92], or by any other law for the time being
in force.

Courts to be open

7. The place in which any criminal Court is held for the purpose
of inquiring into or trying any offence shall be deemed an open
and public Court to which the public generally may have access.

8. (Deleted by Act A908).

Criminal jurisdiction of Magistrates

9. Subject to the provisions of this Code every Magistrate shall

have cognizance of and power and authority to—

(a) hear, try, determine and dispose of in a summary way

prosecutions for offences committed wholly or in part
within the local jurisdiction of such Magistrate and
cognizable by such Magistrate;

(b)—(c) (Deleted by Act A908);

(d) 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;
32 Laws of Malaysia Act 593

(e) 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;

(f) hold inquiries of death; and

(g) do all other matters and things which a Magistrate is

empowered to do by any written law.

10. (Deleted by Act A1274).

Part III

GENERAL PROVISIONS

Chapter III

AID AND INFORMATION TO MAGISTRATES AND POLICE

AND PERSONS MAKING ARRESTS

Public, when to assist Magistrates, Justices of the Peace and

police

11. Every person is bound to assist a Magistrate, Justice of the

Peace, police officer or penghulu reasonably demanding his aid—

(a) 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;

(b) 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

(c) in the suppression of a riot or affray.

 Criminal Procedure Code 33

Aid to persons other than police officer executing warrant

12. When a warrant is directed to a person other than a police

officer any other person may aid in the execution of the warrant
if the person to whom the warrant is directed is near at hand and
acting in the execution of his warrant.

Public to give information of certain matters

13. (1) Every person aware—

(a) 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

(b) 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.

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

14. Every police officer and every penghulu shall forthwith

communicate to the nearest Magistrate or police officer not below
the rank of Inspector any information which he may have or
obtain respecting—

(a) the occurrence of any sudden or unnatural death or of

any death under suspicious circumstances; or

(b) the finding of the dead body of any person without its
being known how the person came by his death.
34 Laws of Malaysia Act 593
Chapter IV

ARREST, ESCAPE AND RETAKING

Arrest, how made

15. (1) In making an arrest the police officer or other person

making the same shall actually touch or confine the body of the
person to be arrested unless there is a submission to the custody
by word or action.

(2) 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.

(3) 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 life.

Search of place entered by person sought to be arrested

16. (1) If any person under a warrant of arrest or any police officer
or penghulu having authority to arrest has reason to believe that
any person to be arrested has entered into or is within any place
the person residing in or in charge of the place shall, on demand
of the person so acting or the police officer or penghulu, allow
him free ingress to the place and afford all reasonable facilities
for a search in it.

(2) 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.
 Criminal Procedure Code 35

Search of persons in place searched under warrant

17. Whenever a search for anything is or is about to be lawfully

made in any place in respect of any offence all persons found
therein may be lawfully detained until the search is completed,
and they may, if the thing sought is in its nature capable of
being concealed upon the person, be searched for it by or in
the presence of a Magistrate or Justice of the Peace or a police
officer not below the rank of Inspector.

Power to break open any place for purposes of liberation

18. Any police officer or other person authorized to make an

arrest may break open any place in order to liberate himself or
any other person who having lawfully entered for the purpose of
making an arrest is detained therein.

No unnecessary restraint and mode of searching women

19. (1) The person arrested shall not be subjected to more restraint
than is necessary to prevent his escape.

(2) 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

20. Whenever a person is arrested—

(a) 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

(b) 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,
36 Laws of Malaysia Act 593

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

20a. (1) Any search of a person shall comply with the procedure
on body search as specified in the Fourth Schedule of this Code.

(2) 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.

(3) The Minister charged with the responsibility for internal

security and public order may amend the Fourth Schedule by
order published in the Gazette.

Power to seize offensive weapons

21. The officer or other person making any arrest under this
Code may take from the person arrested any offensive weapons
which he has about his person and shall deliver all weapons so
taken to the Court or officer before which or whom the officer
or person making the arrest is required by law to produce the
person arrested.

Search of person for name and address

22. Every person lawfully in custody, who by reason of incapacity

from intoxication, illness, mental disorder or infancy is unable
to give a reasonable account of himself, may be searched for the
purpose of ascertaining his name and place of abode.
 Criminal Procedure Code 37

When police or penghulu may arrest without warrant

23. (1) Any police officer or penghulu may without an order

from a Magistrate and without a warrant arrest—

(a) 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;

(b) any person having in his possession without lawful excuse,

the burden of proving which excuse shall lie on such
person, any implement of housebreaking;

(c) any person who has been proclaimed under section 44;

(d) 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;

(e) 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;

(f) any person reasonably suspected of being a deserter from

the Armed Forces of Malaysia;

(g) 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;

(h) any person who has no ostensible means of subsistence

or who cannot give a satisfactory account of himself;

(i) 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;
38 Laws of Malaysia Act 593

(j) any person in the act of committing in his presence a

breach of the peace; or

(k) any person subject to the supervision of the police who

fails to comply with the requirements of section 296.

(2) 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.

(3) 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 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

24. (1) When any person in the presence of a police officer or

penghulu commits or is accused of committing a non-seizable
offence and refuses on the demand of a police officer or penghulu
to give his name and residence or gives a name or residence
which the officer has reason to believe to be false, he may be
arrested by that police officer or penghulu in order that his name
or residence may be ascertained, and he shall, within twenty-
four hours of the arrest, exclusive of the time necessary for the
journey, be taken before the nearest Magistrate unless before that
time his true name and residence are ascertained, in which case
he shall be immediately released on his executing a bond for his
appearance before a Magistrate if so required.

(2) 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.
 Criminal Procedure Code 39

(3) 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

25. A penghulu making an arrest without a warrant shall without

unnecessary delay hand over the person so arrested to the nearest
police officer or in the absence of a police officer take such
person to the nearest police station, and a police officer shall
rearrest every person so arrested.

Pursuit of offenders

26. For the purpose of arresting any person whom he has power
to arrest without a warrant a police officer may pursue any such
person into any part of Malaysia.

Arrest by private persons and procedure in such cases

27. (1) Any private person may arrest any person who, in his
view, commits a non-bailable and seizable offence or who has
been proclaimed under section 44 and shall without unnecessary
delay hand over the person so arrested to the nearest police
officer or, in the absence of a police officer, take that person to
the nearest police station.

(2) If there is reason to believe that such person comes under

the provisions of section 23 a police officer shall rearrest him.
40 Laws of Malaysia Act 593

(3) 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.

(4) If there is no reason to believe that he has committed an

offence he shall be at once released.

(5) 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.

(6) 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

28. (1) A police officer making an arrest without a warrant shall

without unnecessary delay and subject to the provisions herein
as to bail or previous release take or send the person arrested
before a Magistrate.

(2) 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.

(3) 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.
 Criminal Procedure Code 41

Rights of person arrested

28a. (1) A person arrested without a warrant shall be informed

as soon as may be of the grounds of his arrest by the police
officer making the arrest.

(2) 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—

(a) communicate or attempt to communicate, with a relative

or friend to inform of his whereabouts; and

(b) communicate or attempt to communicate and consult with

a legal practitioner of his choice.

(3) 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.

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

(a) for the legal practitioner to be present to meet the person

arrested at his place of detention; and

(b) for the consultation to take place.

(5) 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.

(6) 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.

(7) 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.
42 Laws of Malaysia Act 593

(8) The requirements under subsections (2), (3), (4), (5), (6) and
(7) shall not apply where the police officer reasonably believes
that—

(a) compliance with any of the requirements is likely to result

in—

(i) an accomplice of the person arrested taking steps

to avoid apprehension; or

(ii) the concealment, fabrication or destruction of

evidence or the intimidation of a witness; or

(b) having regard to the safety of other persons the questioning

or recording of any statement is so urgent that it should
not be delayed.

(9) Subsection (8) shall only apply upon authorization by a

police officer not below the rank of Deputy Superintendent of
Police.

(10) 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.

(11) 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

29. No person who has been arrested by a police officer shall

be released except on his own bond or on bail or under the order
in writing of a Magistrate or of a police officer not below the
rank of Inspector.
 Criminal Procedure Code 43

Offence committed in Magistrate’s presence

30. When any offence is committed in the presence of a Magistrate

or Justice of the Peace within the local limits of his jurisdiction he
may himself arrest or authorize any person to arrest the offender,
and may thereupon, subject to the provisions herein as to bail,
commit the offender to custody.

Arrest by or in presence of Magistrate

31. Any Magistrate may at any time arrest or authorize the arrest
in his presence within the local limits of his jurisdiction of any
person for whose arrest he is competent at the time and in the
circumstances to issue a warrant.

Power on escape to pursue and retake

32. If a person in lawful custody escapes or is rescued the person

from whose custody he escaped or was rescued may immediately
pursue and arrest him in any place, either within or without the
jurisdiction where he was so in custody, and deal with that person
as he might have done on the original taking.

Sections 16 and 18 to apply to arrests under section 32

33. Sections 16 and 18 shall apply to arrests under section 32

although the person making the arrest is not acting under a warrant
and is not a police officer having authority to arrest.

Chapter V
PROCESSES TO COMPEL APPEARANCE

Summons

Form of summons and service

34. (1) Every summons to appear issued by a Court under this

Code shall be in writing and signed as provided by the Courts
of Judicature Act 1964, or the Subordinate Courts Act 1948, and
shall bear the seal of the Court.
44 Laws of Malaysia Act 593

(2) 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

35. (1) The summons shall if practicable be served personally

on the person summoned by showing him the original summons
and by tendering or delivering to him a copy thereof under the
seal of the Court.

(2) 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.

(3) In the case of a corporation the summons may be served

on the secretary or other like officer of the corporation.

(4) 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

36. When the person to be summoned cannot by the exercise of

due diligence be found and service cannot be effected as directed
by subsection 35(4) the serving officer shall affix a copy of the
summons to some conspicuous part of the house or other place
in which the person summoned ordinarily resides, and in such
case the summons, if the Court so directs either before or after
such affixing, shall be deemed to have been duly served.

Proof of service

37. When a summons issued by a Court is served an affidavit

of such service purporting to be made before an officer duly
authorized to administer an oath shall be admissible in evidence.

37a. (Deleted by Act 6 of 1965).

 Criminal Procedure Code 45
Warrant of Arrest

Form of warrant of arrest

38. (1) Every warrant of arrest issued by a Court under this

Code shall be in writing and signed as provided by the Courts
of Judicature Act 1964, or the Subordinate Courts Act 1948, and
shall bear the seal of the Court.

(2) 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 endorsement on warrant security to be

taken

39. (1) Any Court issuing a warrant for the arrest of any person
may, in its discretion, direct by endorsement or footnote on
the warrant that if that person execute a bond with sufficient
sureties for his attendance before the Court at a specified time
and thereafter until otherwise directed by the Court, the officer
to whom the warrant is directed shall take such security and shall
release that person from custody.

(2) The endorsement or footnote shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest
the warrant is issued are to be respectively bound; and

(c) the time at which he is to attend before the Court.

(3) 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

40. (1) A warrant of arrest shall ordinarily be directed to the

Inspector General of Police and all other police officers of
Malaysia, and any police officer may execute the warrant in any
part of Malaysia.
46 Laws of Malaysia Act 593

(2) 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

41. The police officer or other person executing a warrant of

arrest shall notify the substance thereof to the person arrested
and if so required shall show him the warrant or a copy thereof
under the seal of the Court issuing the warrant.

Person arrested to be brought before Court without delay

42. The police officer or other person executing a warrant of

arrest shall, subject to the provisions of section 39 as to security,
without unnecessary delay bring the person arrested before the
Court before which he is required by law to produce that person.

Procedure on arrest of person against whom warrant is issued

43. (1) When a warrant of arrest is executed outside the local

limits of the jurisdiction of the Court by which it was issued the
person arrested shall, unless security is taken under section 39,
be brought before the nearest Magistrate.

(2) 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.

(3) Nothing in this section shall be deemed to prevent a police

officer from taking security under section 39.
 Criminal Procedure Code 47
Proclamation and Attachment

Proclamation for person absconding

44. (1) If any Court has reason to believe, whether after taking
evidence or not, that any person against whom a warrant has
been issued by it has absconded or is concealing himself so that
the warrant cannot be executed the Court may publish a written
proclamation requiring him to appear at a specified place and
at a specified time not less than thirty days from the date of
publishing the proclamation.

(2) The proclamation shall be published as follows:

(a) it shall be publicly read in some conspicuous place of the

town, village or kampong in or near which that person
ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house

or other place in which that person ordinarily resides
or in some conspicuous place of the town, village or
kampong; and

(c) a copy thereof shall be affixed to some conspicuous part

of the Court-house.

(3) 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

45. (1) The Court issuing a proclamation under section 44 may

at any time order the attachment of any property movable or
immovable or both belonging to the proclaimed person.

(2) 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.
48 Laws of Malaysia Act 593

(3) If the property ordered to be attached consists of debts or

other movable property the attachment shall be made—

(a) by seizure;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the delivery of the

property to the proclaimed person or to any one on his
behalf; or

(d) by all or any two of such methods as the Court thinks

fit.

(4) 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—

(a) by taking possession;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the payment of rent

or delivery of property to the proclaimed person or to
any one on his behalf; or

(d) by all or any two of such methods as he thinks fit.

(5) 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.

(6) 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.

(7) 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.
 Criminal Procedure Code 49

(8) 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.

(9) 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.

(10) 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.

(11) Such inquiry shall be made, as nearly as may be practicable,

in the manner hereinafter prescribed for conducting trials in
summary cases before Magistrates.

(12) 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.

(13) 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

46. If within two years from the date of the attachment any person
whose property is or has been at the disposal of the Government
under section 45 appears voluntarily or is apprehended and brought
before the Court by whose order the property was attached and
proves to the satisfaction of the Court that he did not abscond
or conceal himself for the purpose of avoiding execution of the
50 Laws of Malaysia Act 593

warrant, and that he had not such notice of the proclamation as

to enable him to attend within the time specified therein, the
property or, if the same has been sold, the nett proceeds of the
sale or, if part only thereof has been sold, the nett proceeds of
the sale and the residue of the property shall, after satisfying
thereout all costs incurred in consequence of the attachment, be
delivered to him.

Other Rules Regarding Summonses to Appear

and Warrants of Arrest

Issue of warrant in lieu of or in addition to summons

47. A criminal Court may in any case in which it is empowered

to issue a summons for the appearance of any person other than
a juror or assessor issue, after recording its reasons in writing,
a warrant for his arrest—

(a) 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

(b) 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

48. (1) All summonses to appear and warrants of arrest issued

by a Magistrate’s Court may be served or executed as the case
may be in any part of Malaysia:

Provided that no such summons shall be served outside the

local limits of the jurisdiction of the Court issuing the same
unless the same shall be indorsed by the Court with the words
“For service out of the jurisdiction”.
 Criminal Procedure Code 51

(2) 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

49. When any person for whose appearance or arrest any Court
is empowered to issue a summons or warrant is present in the
Court it may require that person to execute a bond with or without
sureties for his appearance in the Court.

Arrest on breach of bond for appearance

50. When any person who is bound by any bond taken under
this Code to appear before a Court does not so appear the Court
may issue a warrant directing that such person be arrested and
produced before it.

Chapter VI

PROCESSES TO COMPEL THE PRODUCTION OF

DOCUMENTS AND OTHER MOVABLE PROPERTY AND
FOR THE DISCOVERY OF PERSONS
WRONGFULLY CONFINED

Summons to produce document or other things

51. (1) Whenever any Court or police officer making a police

investigation considers that the production of any property or
document is necessary or desirable for the purposes of any
investigation, inquiry, trial or other proceeding under this Code by
or before that Court or officer, such Court may issue a summons
or such officer a written order to the person in whose possession
or power such property or document is believed to be requiring
him to attend and produce it or to produce it at the time and
place stated in the summons or order.

(2) 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.
52 Laws of Malaysia Act 593

(3) 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

51a. (1) The prosecution shall before the commencement of the

trial deliver to the accused the following documents:

(a) a copy of the information made under section 107 relating

to the commission of the offence to which the accused
is charged, if any;

(b) a copy of any document which would be tendered as part

of the evidence for the prosecution; and

(c) 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.

(2) Notwithstanding paragraph (c), the prosecution may not

supply any fact favourable to the accused if its supply would be
contrary to public interest.

(3) A document shall not be inadmissible in evidence merely

because of non-compliance with subsection (1).

(4) 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.

(5) Where a document is delivered to the accused after the

commencement of the trial, the Court shall allow the accused—

(a) a reasonable time to examine the document; and

(b) to recall or resummon and examine any witness in relation

to the document.
 Criminal Procedure Code 53

Procedure as to postal articles, etc.

52. (1) If any such postal article, telegram or other document is

in the opinion of a Judge or a Sessions Court Judge wanted for
the purpose of any investigation, inquiry, trial or other proceeding
under this Code, the Judge or Sessions Court Judge may require
the postal or telegraph authorities to deliver that postal article,
telegram or other document to such person as he may direct.

(2) 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

53. Sections 34, 35, 36 and 37 shall apply in relation to summonses

under this Chapter.

Search Warrants

When search warrant may be issued

54. (1) Where—

(a) 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;

(b) that property or document is not known to the Court to

be in the possession of any person; or

(c) 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.
54 Laws of Malaysia Act 593

(2) 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.

(3) 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.

(4) 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

55. The Court may if it thinks fit specify in the warrant the
particular place or part of it to which only the search or inspection
shall extend, and the person charged with the execution of the
warrant shall then search or inspect only the place or part so
specified.

Magistrate may issue warrant authorizing search for evidence

of offence

56. If a Magistrate, upon information and after such inquiry as

he thinks necessary, has reason to believe that anything upon,
by or in respect of which an offence has been committed, or
any evidence or thing which is necessary to the conduct of an
investigation into any offence, may be found in any place, he may,
by warrant, authorize the person to whom it is directed to enter,
with such assistance, as may be required, and search the place
for any such evidence or thing, and, if anything searched for is
found, to seize it and bring it before the Magistrate issuing the
warrant, or some other Magistrate, to be dealt with in accordance
with law.

Form of search warrant

57. (1) Every search warrant issued by a Court under this Code
shall be in writing and signed as provided by the Courts of
Judicature Act 1964, or the Subordinate Courts Act 1948, and
shall bear the seal of the Court.
 Criminal Procedure Code 55

(2) Every such warrant shall remain in force for a reasonable

number of days to be specified in the warrant.

(3) Search warrants issued under this Code may be executed

in any part of Malaysia.

Search for persons wrongfully confined

58. (1) If any Magistrate has reason to believe that any person is
confined under such circumstances that the confinement amounts
to an offence he may issue a search warrant.

(2) The person to whom the warrant is directed may search

for the person confined.

(3) 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

59. (1) Whenever any place liable to search or inspection under

this Chapter is closed any person residing in or being in charge
of that place shall on demand of the officer or other person
executing the warrant and on production of the warrant allow
him free ingress to it and afford all reasonable facilities for a
search in it.

(2) 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

60. The Magistrate by whom a search warrant is issued may

attend personally for the purpose of seeing that the warrant is
duly executed.
56 Laws of Malaysia Act 593

Magistrate may direct search in his presence

61. Any Magistrate may orally direct a search to be made in his

presence of any place for the search of which he is competent
to issue a search warrant.

Search without warrant

62. (1) If information is given to any police officer, not below

the rank of Inspector that there is reasonable cause for suspecting
that any stolen property is concealed or lodged in any place and
he has good grounds for believing that by reason of the delay in
obtaining a search warrant the property is likely to be removed,
that officer by virtue of his office may search in the place specified
for specific property alleged to have been stolen.

(2) A list of the property alleged to have been stolen shall be

delivered or taken down in writing with a declaration stating that
such property has been stolen and that the informant has good
grounds for believing that the property is deposited in that place.

(3) The person from whom the property was stolen or his
representative shall accompany the officer in the search.

Forfeiture of counterfeit coin

62a. (1) Any police officer not below the rank of Inspector, upon
being satisfied that any person has in his possession any counterfeit
coin or counterfeit current coin or any die, instrument or material
for the purpose of counterfeiting any coin or current coin, may
without warrant and with or without assistance enter and search
any place where any such coin or any such die, instrument or
material is kept and seize all the coin, die, instrument or material.

(2) Anything seized under subsection (1) shall, by order of the

Court before which any person is tried relating to its possession,
or where there is no trial by order of a Magistrate, be forfeited
and shall be destroyed or otherwise disposed of in such manner
as the Minister may direct.
 Criminal Procedure Code 57

Forfeiture of counterfeit currency

62b. (1) Any police officer not below the rank of Inspector, upon
being satisfied that any person has in his possession any forged
or counterfeit currency note or bank note or any machinery,
instrument or material used or intended to be used for the forging
or counterfeiting of any currency note or bank note, may without
warrant and with or without assistance enter and search any
place where any such currency note or bank note or any such
machinery, instrument or material is kept and seize all the notes,
machinery, instrument or material.

(2) Anything seized under subsection (1) shall, by order of the

Court before which any person is tried relating to its possession,
or where there is no trial, by order of a Magistrate, be forfeited
and shall be destroyed or otherwise disposed of in such manner
as the Minister may direct.

Summary search

63. (1) Any police officer may under the circumstances mentioned
in this section, be authorized in writing by the Chief Police Officer
to enter, and if so authorized, may enter any place in search of
stolen property and search and seize and secure any property
which he believes to have been stolen in the same manner as he
would be authorized to do if he had a search warrant and the
property seized, if any, corresponded to the property described
in the search warrant.

(2) In every case in which property is seized in pursuance

of this section the person in whose place it was at the time of
seizure or the person from whom it was taken, if other than the
person in whose place it was, shall unless previously charged with
receiving the same knowing it to have been stolen be summoned
before a Magistrate to account for his possession of the property,
and the Magistrate shall make such order respecting the disposal
of the property and may award such costs as the justice of the
case may require.

(3) The Chief Police Officer may give such authority as

aforesaid in the following cases or either of them—

(a) when the place to be searched is or within the preceding

twelve months has been in the occupation of or used by
any person who has been convicted of receiving stolen
property or of harbouring thieves; or
58 Laws of Malaysia Act 593

(b) when the place to be searched is in the occupation of

or used by any person who has been convicted of an
offence involving fraud or dishonesty and punishable
by imprisonment.

(4) It shall not be necessary for the Chief Police Officer on

giving such authority to specify any particular property but he
may give the authority if he has reason to believe generally that
the place is being used for the reception of stolen goods.

List of all things seized to be made and signed

64. A list of all things seized in the course of a search made

under this Chapter and of the places in which they are respectively
found shall be prepared by the officer or other person making
the search and signed by him.

Occupant to be present at search

65. The occupant of the place searched, or some person in his

behalf, shall in every instance be permitted to attend during the
search, and a copy of the list prepared and signed under this
section shall be delivered to that occupant or person at his request.

Part IV
PREVENTION OF OFFENCES

Chapter VII

SECURITY FOR KEEPING THE PEACE AND FOR GOOD

BEHAVIOUR

Security for keeping the peace on conviction

66. (1) Whenever any person is convicted—

(a) of any offence which involves a breach of the peace or

of abetting the same; or

(b) of committing criminal intimidation or criminal trespass

or of being a member of an unlawful assembly,
 Criminal Procedure Code 59

and the Court before which the person is convicted is of opinion

that it is necessary to require that person to execute a bond for
keeping the peace, the Court may, at the time of passing sentence
on that person or in lieu of any sentence, order him to execute a
bond for a sum proportionate to his means with or without sureties
for keeping the peace during such period in each instance as it
thinks fit to fix, not exceeding six months if the order is by a
Magistrate’s Court or two years if the order is by the High Court.

(2) If the conviction is set aside on appeal or otherwise the

bond so executed shall become void.

Security for keeping the peace by complainant

66a. (1) If during or after the trial of a case the Court is of

opinion that the conduct of a complainant is or has been such
that it is necessary to call upon him to show cause why he
should not enter into a bond to keep the peace for such period
not exceeding six months as the Court thinks fit to fix, the Court
may summarily call upon him to do so.

(2) The evidence upon which the Court decides to call on

a person to show cause under this section shall be read to the
person so called on, but it shall not be necessary to recall any
witness unless the person called upon desires to cross-examine
the witness.

(3) The case to show cause under this section may if the Court
sees fit proceed either as part of the case out of which it has
arisen or as a separate proceeding.

(4) If, when so called upon, the complainant fails to show

cause, the Court may order him to execute a bond to keep the
peace for such period not exceeding six months as the Court
thinks fit.

Security for keeping the peace in other cases

67. Whenever it appears to a Magistrate that any person residing

or being within the local limits of his jurisdiction is likely to
commit a breach of the peace or to do any wrongful act that may
probably occasion a breach of the peace within or beyond such
60 Laws of Malaysia Act 593

limits, the Magistrate may, in the manner hereinafter provided

require that person to show cause why he should not be ordered
to execute a bond with or without sureties for keeping the peace
for such period not exceeding six months as the Magistrate thinks
fit to fix.

Security for good behaviour from suspected persons, vagrants

and persons disseminating seditious matter

68. (1) Whenever it appears to a Magistrate that—

(a) any person is taking precautions to conceal his presence

within the local limits of his jurisdiction and that there is
reason to believe that person is taking those precautions
with a view to committing an offence;

(b) there is within such limits any person who has no ostensible
means of subsistence or who cannot give a satisfactory
account of himself; or

(c) there is within such limits any person who within or

without such limits either orally or in writing disseminates
or attempts to disseminate or in any way abets the
dissemination of—

(i) any seditious matter, that it is to say any matter

the publication which is punishable under the
Sedition Act 1948 [Act 15]; or

(ii) any matter concerning a Judge or Magistrate which

amounts to criminal intimidation or defamation
under the Penal Code,

the Magistrate may, in the manner hereinafter provided, require

that person to show cause why he should not be ordered to execute
a bond with sureties for his good behaviour for such period not
exceeding six months as the Magistrate thinks fit to fix.

(2) No proceedings shall be taken under paragraph (c) against

the editor, proprietor, printer or publisher of any book or newspaper
registered under the Printing Presses and Publications Act 1984
[Act 301], or under the Deposit of Library Material Act 1986
[Act 331], except by the order or under the authority of the
Public Prosecutor.
 Criminal Procedure Code 61

Security for good behaviour from habitual offenders

69. Whenever it appears to a Magistrate that any person within

the local limits of the jurisdiction of that Magistrate—

(a) is a habitual robber, housebreaker or thief or a habitual

receiver of stolen property knowing the same to have
been stolen;

(b) habitually commits extortion or in order to the committing

of extortion habitually puts or attempts to put persons
in fear of injury;

(c) is a habitual protector or harbourer of thieves;

(d) is a habitual aider in the concealment or disposal of stolen

property;

(e) is a notorious bad liver or is a dangerous character; or

(f) habitually consorts with robbers, housebreakers, thieves,

prostitutes or persons who have no visible means of
subsistence,

the Magistrate may, in the manner hereinafter provided, require

that person to show cause why he should not be ordered to execute
a bond with or without sureties for his good behaviour for such
period not exceeding six months as the Magistrate thinks fit to fix.

Summons or warrant if required

70. (1) When a Magistrate acting under section 67, 68, or 69

deems it necessary to require any person to show cause under
the section he shall, if that person has not been arrested without
warrant and brought before the Court for the purpose of the
inquiry hereinafter mentioned, issue a summons requiring him to
appear and show cause or when that person is in custody but not
present in Court a warrant directing the officer in whose custody
he is to produce him before the Court.
62 Laws of Malaysia Act 593

(2) Whenever it appears to the Magistrate upon the report of a

police officer or upon other information, the substance of which
report or information shall be recorded by the Magistrate, that
there is reason to fear the commission of a breach of the peace
and that such breach of the peace cannot be prevented otherwise
than by the immediate arrest of that person the Magistrate may
at any time issue a warrant for his arrest.

Form of summons or warrant

71. Every summons or warrant issued under section 70 shall

contain a brief statement of the substance of the information on
which the summons or warrant was issued, and shall state the
amount of the bond to be executed, the term for which it is to
be in force and the number, character and class of sureties, if
any, required.

Power to dispense with personal attendance

72. The Magistrate may, if he sees sufficient cause, dispense with

the personal attendance of any person called upon to show cause
why he should not be ordered to execute a bond for keeping the
peace, and may permit him to appear by advocate.

Inquiry to be held

73. (1) When any person appears or is brought before a Magistrate

in compliance with a summons or in execution of a warrant issued
under section 70 the Magistrate shall proceed to inquire into the
truth of the information on which he has acted and to take such
further evidence as may be necessary.

(2) When any person has been arrested without warrant and
brought before a Magistrate for the purpose of being bound
over either to keep the peace or to be of good behaviour the
Magistrate shall instead of requiring him to show cause explain
to that person the purport and object of the inquiry and shall
take such evidence as may be produced on either part.
 Criminal Procedure Code 63

(3) An inquiry under this section shall be made as nearly as may

be practicable in the manner hereinafter prescribed for conducting
summary trials before Magistrates except that no charge need be
framed.

(4) For the purpose of this section the fact that a person is a
habitual offender may be proved by evidence of general repute
or otherwise.

Order to give security

74. If upon such inquiry it is proved that it is necessary for

keeping the peace or maintaining good behaviour as the case
may be that the person in respect of whom the inquiry is made
should execute a bond with or without sureties the Magistrate
shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature

different from or for an amount larger than or for a
period longer than that specified in the summons or
warrant issued under section 70, if any;

(b) the amount of every bond shall be fixed with due regard to
the circumstances of the case and shall not be excessive,
but shall be such as to afford the person against whom
the order is made a fair chance of complying with it;

(c) when the person in respect of whom the inquiry is made

is not competent to contract the bond shall be executed
only by his sureties.

Discharge of person informed against

75. If on an inquiry under section 73 it is not proved that it is

necessary for keeping the peace or maintaining good behaviour, as
the case may be, that the person in respect of whom the inquiry
is made should execute a bond the Magistrate shall make an entry
on the record to that effect and if that person is in custody only
for the purposes of the inquiry, shall release him or, if he is not
in custody, shall discharge him.
64 Laws of Malaysia Act 593
Proceedings in All Cases Subsequent to Order to Furnish Security

Commencement of period for which security is required

76. (1) If any person in respect of whom an order requiring

security is made under section 66 or 74 is, at the time the order
is made, sentenced to or undergoing a sentence of imprisonment,
the period for which the security is required shall commence on
the expiration of that sentence.

(2) In other cases such period shall commence on the date of

the order.

Contents of bond

77. (1) The bond to be executed by any person shall bind him
to keep the peace or to be of good behaviour, as the case may
be, and in the latter case the commission or attempt to commit
or the abetment of any offence punishable with imprisonment,
wherever it may be committed, is a breach of the bond.

(2) Every such bond shall enure throughout the whole of

Malaysia.

Power to reject sureties

78. A Court may in its discretion refuse to accept any particular

person or persons offered as surety for good behaviour under this
Chapter.

Imprisonment in default of security

79. (1) If any person ordered to give security under section 66,
66a or 74 does not give the security on or before the date on
which the period for which the security is to be given commences
he shall be committed to prison, or if he is already in prison
be detained in prison, until the expiration of such term as the
Court may direct or until within that term he gives the security
to the Court which made the order requiring it or to the officer
in charge of the prison in which he is detained:
 Criminal Procedure Code 65

Provided that the term, if any, for which any person is imprisoned
for failure to give security shall not exceed the period for which
security is ordered to be given.

(2) (Omitted).

(3) (Omitted).

Power to release person imprisoned for failing to give security

80. When a Court is of opinion that any person imprisoned for

failing to give security under this Chapter may be released without
hazard to the community or to any other person the Court may
order that person to be discharged:

Provided that the Court of a Magistrate shall not exercise this

power except in cases where the imprisonment is under its own
order.

Magistrate to report in cases in which the security has been

ordered by the High Court

81. Whenever a Magistrate is of opinion that any person imprisoned

for failing to give security under this Chapter as ordered by the
High Court may be released without the hazard mentioned in
section 80, the Magistrate shall make an immediate report of the
case for the orders of the High Court, and such Court may if it
thinks fit order that person to be discharged.

Discharge of sureties

82. (1) Any surety for the peaceable conduct or good behaviour
of another person may at any time apply to a Magistrate to cancel
any bond executed under this Chapter within the local limits of
his jurisdiction.

(2) On such application being made the Magistrate shall issue

a summons or warrant, as he thinks fit, requiring the person for
whom that surety is bound to appear or be brought before him.
66 Laws of Malaysia Act 593

(3) When that person appears or is brought before the Magistrate

he shall cancel the bond and shall order that person to give for
the unexpired portion of the term of the bond fresh security of
the same description as the original security.

(4) Every such order shall for the purposes of sections 77, 78,
79 and 80 be deemed to be an order made under section 66 or
74, as the case may be.

Chapter VIII

UNLAWFUL ASSEMBLIES

Who may order unlawful assembly to disperse

83. A Magistrate, gazetted police officer, police officer not below

the rank of Inspector or officer in charge of a police station may
command any unlawful assembly or any assembly of five or
more persons likely to cause a disturbance of the public peace
to disperse, and it shall thereupon be the duty of the members
of the assembly to disperse accordingly.

Forcible dispersal of unlawful assemblies

84. If any unlawful assembly is commanded to disperse under

section 83 or under section 5 of the Public Order (Preservation)
Act 1958 [Act 296], and does not disperse, or if, without having
been commanded to disperse, it conducts itself in such a manner
as to show a determination not to disperse, any police officer, any
member of the armed forces or any other person acting in aid of
a police officer or member of the armed forces may do all things
necessary for dispersing the persons so continuing assembled
and for apprehending them or any of them, and, if any person
makes resistance, may use such force as is reasonably necessary
for overcoming resistance and shall not be liable in any criminal
or civil proceedings for having by the use of such force caused
harm or death to any person or damage to any property.

85–87. (Deleted by Act A324).

 Criminal Procedure Code 67

Protection against prosecution

88. (1) No prosecution against any Magistrate, police officer or

member of the armed forces for any act purporting to be done
under this Chapter shall be instituted in any Court except with
the sanction in writing of the Public Prosecutor personally or, in
Sabah or Sarawak, of the Director of Public Prosecutions.

(2) Where a prosecution is sanctioned as aforesaid for an act

purporting to be done under this Chapter, no Magistrate, police
officer, member of the armed forces or person acting in aid of a
police officer or member of the armed forces shall, if the Court
is satisfied that the act was done in good faith or, if it was done
by a member of the armed forces, that it was done in obedience
to an order which under naval, military or air force law he was
bound to obey, be deemed to have thereby committed an offence.

Chapter IX

PUBLIC NUISANCES

Magistrate may make conditional order for removal of nuisance

89. (1) Whenever a First Class Magistrate considers on receiving

a report or other information and on taking such evidence, if any,
as he thinks fit, that—

(a) any unlawful obstruction or nuisance should be removed

from any way, harbour, lake, river or channel which
is or may be lawfully used by the public or from any
public place;

(b) any trade or occupation or the keeping of any goods

or merchandise by reason of its being injurious to the
health or physical comfort of the community should be
suppressed or removed or prohibited;

(c) the construction of any building or the disposal of any

substance likely to occasion conflagration or explosion
should be prevented or stopped;
68 Laws of Malaysia Act 593

(d) any building or tree is in such a condition that it is likely

to fall and thereby cause injury to persons living or
carrying on business in the neighbourhood or passing by
and that in consequence its removal, repair or support
is necessary; or

(e) any tank, well or excavation adjacent to any such way

as aforesaid or to any public place should be fenced in
such a manner as to prevent danger arising to the public,

the Magistrate may make a conditional order requiring the person

causing the obstruction or nuisance, or carrying on the trade or
occupation, or keeping any such goods or merchandise, or owning,
possessing or controlling such building, tree, substance, tank,
well or excavation within a time to be fixed in the order to—

(aa) remove the obstruction or nuisance;

(bb) suppress or remove the trade or occupation;

(cc) remove the goods or merchandise;

(dd) prevent or stop the construction of the building;

(ee) remove, repair or support the building;

(ff) lop or fell the tree;

(gg) alter the disposal of the substance;

(hh) fence the tank, well or excavation,

or appear before the Magistrate at a time and place to be fixed

by the order and move to have the order set aside or modified
in the manner hereinafter provided.

(2) No order duly made by a Magistrate under this section shall

be called in question in any Court except by way of appeal.

(3) For the purposes of this section a “public place” includes

also property belonging to the Government of a State or of
Malaysia and grounds left unoccupied for sanitary or recreative
purposes.
 Criminal Procedure Code 69

Order to be served or notified

90. (1) The order and any other notice or order given or made
under this Chapter shall, if practicable, be served on the person
against whom it is made in the manner in this Code provided
for service of a summons.

(2) If the order cannot be so served it shall be notified by

proclamation published in the Gazette, and a copy of it shall be
posted at such place as may be fittest for conveying the information
to that person.

Person against whom order is made to obey or appear and

show cause

91. The person against whom such order is made shall—

(a) perform within the time specified in the order the act
directed thereby; or

(b) appear in accordance with the order and show cause

against it.

Consequence of his failing to do so

92. If such person does not perform such act or appear and show
cause as required by section 91 the order shall be made absolute.

Procedure on appearance to show cause

93. (1) If such person appears and shows cause against the order
the Magistrate shall take evidence in the matter.

(2) If the Magistrate is satisfied that the order is not reasonable

and proper no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied the order shall be made

absolute.
70 Laws of Malaysia Act 593

Procedure on order being made absolute

94. When an order has been made absolute under section 92 or 93

the Magistrate shall give notice of it to the person against whom
the order was made, and shall further require him to perform the
act directed by the order within a time to be fixed in the notice
and inform him that in case of disobedience he will be liable to
the penalty prescribed in section 188 of the Penal Code:

Provided that if such person be a corporation it shall be liable

only to the fine prescribed by the said section.

Consequence of disobedience to order

95. (1) If such order is not performed within the time fixed the
Magistrate may cause it to be performed and may recover the
costs of performing it either by sale of the buildings, goods or
other property removed by his order or by the distress and sale
of any other movable property of such person within or without
the local limits of the Magistrate’s jurisdiction.

(2) If the property is without such limits the order shall authorize
its attachment and sale when indorsed by a Magistrate within the
local limits of whose jurisdiction the property to be attached is
found.

(3) No suit shall lie in respect of anything done in good faith

under this section.

Injunction pending final decision

96. (1) If the Magistrate making an order under section 89

considers that immediate measures should be taken to prevent
imminent danger or injury of a serious kind to the public he may
issue such an injunction to the person against whom the order
was made as is required to obviate or prevent such danger or
injury pending the final decision of the case.

(2) In default of such person forthwith obeying such injunction

the Magistrate may use, or cause to be used, such means as he
thinks fit to obviate such danger or to prevent such injury.
 Criminal Procedure Code 71

(3) No suit shall lie in respect of anything done in good faith

by a Magistrate under this section.

Power to prohibit repetition or continuance of public nuisance

97. A First Class Magistrate may order any person not to repeat
or continue a public nuisance as defined in the Penal Code or
any other law in force for the time being.

Chapter X

TEMPORARY ORDERS IN URGENT CASES OF NUISANCE

Power to issue order absolute at once in urgent cases of

nuisance

98. (1) In cases where in the opinion of a Magistrate immediate

prevention or speedy remedy is desirable that Magistrate may, by
a written order stating the material facts of the case and served
in the manner provided in section 90, direct any person to abstain
from a certain act or to take certain order with certain property
in his possession or under his management if the Magistrate
considers that the direction is likely to prevent or tends to prevent
obstruction, annoyance or injury to any persons lawfully employed,
or danger to human life, health or safety, or a riot or any affray.

(2) An order under this section may in cases of emergency or

in cases where the circumstances do not admit of the serving in
due time of notice upon the person against whom the order is
made be made ex parte.

(3) An order under this section may be directed to a particular

person or to the public generally when frequenting or visiting a
particular place.

(4) Any Magistrate may rescind or alter any order made under
this section by himself or his predecessor in office.

(5) No order under this section shall remain in force for more
than seven days from the making of it.

(6) The Public Prosecutor may appear in any application made

under this section.
72 Laws of Malaysia Act 593
Chapter XI

DISPUTES AS TO IMMOVABLE PROPERTY

Procedure where dispute concerning land, etc., is likely to

cause breach of peace

99. (1) Whenever a First Class Magistrate is satisfied, from a

police report or other information that a dispute likely to cause
a breach of the peace exists concerning any land or water or the
boundaries thereof within the local limits of his jurisdiction, he
shall make an order in writing stating the grounds of his being
so satisfied and requiring the parties concerned in the dispute to
attend his Court in person or by advocate within a time to be
fixed by the Magistrate and to put in written statements of their
respective claims as respects the fact of actual possession of the
subject of dispute.

(2) For the purposes of this section and of section 101, the
expression “land or water” includes buildings, markets, fisheries,
crops or other produce of land and the rents or profits of any
such property.

(3) A copy of the order shall be served in the manner provided

by this Code for the service of a summons upon such person or
persons as the Magistrate directs, and at least one copy shall be
published by being affixed to some conspicuous place at or near
the subject of dispute.

(4) The Magistrate shall then, without reference to the merits of

the claims of any of the parties to a right to possess the subject of
dispute, peruse the statements so put in, hear the parties, receive
the evidence produced by them respectively, consider the effect
of such evidence, take such further evidence, if any, as he thinks
necessary, and if possible decide whether any and which of the
parties is then in actual possession of the said subject:

Provided that—

(a) if it appears to the Magistrate that any party has, within

two months next before the date of the order, been
forcibly and wrongfully dispossessed he may treat the
party so dispossessed as if he had been in possession
at that date;
 Criminal Procedure Code 73

(b) if the Magistrate considers the case one of emergency he

may at any time attach the subject of dispute pending
his decision under this section.

(5) Nothing in this section shall preclude any party so required

to attend from showing that no such dispute as aforesaid exists
or has existed, and in that case the Magistrate shall cancel the
order and all further proceedings on it shall be stayed.

(6) If the Magistrate decides that one of the parties is then

in actual possession of the said subject he shall issue an order
declaring that party to be entitled to retain possession of it until
evicted from it in due course of law, and forbidding all disturbance
of such possession until such eviction.

(7) Proceedings under this section shall not abate by reason

only of the death of any of the parties thereto.

Power to attach subject of dispute

100. If the Magistrate decides that none of the parties is then

in actual possession or is unable to satisfy himself as to which
of them is then in actual possession of the subject of dispute he
may attach it until a competent Civil Court has determined the
rights of the parties thereto or the persons entitled to possession
of it.

Disputes concerning rights over land or water

101. (1) Whenever a First Class Magistrate is satisfied as

aforesaid that a dispute likely to cause a breach of the peace
exists concerning the right to do or prevent the doing of anything
in or upon any land or water situate within the local limits of his
jurisdiction he may inquire into the matter and may if it appears
to him that the right exists make an order permitting that thing
to be done or directing that it shall not be done, as the case may
be, until the person objecting to that thing being done or claiming
that it may be done obtains the decision of a competent Civil
Court adjudging him to be entitled to prevent the doing of or to
do that thing as the case may be.
74 Laws of Malaysia Act 593

(2) No order shall be made under this section permitting the

doing of anything where the right to do that thing is exercisable
at all times of the year unless the right has been exercised within
three months next before the institution of the inquiry or, where
the right is exercisable only at particular seasons, unless the right
has been exercised during the season next before the institution
of the inquiry.

Order as to costs

102. When any costs have been incurred by any party to a

proceeding under this Chapter for witnesses’ or advocates’ fees
or both the Magistrate giving a decision under section 99, 100
or 101 may assess such costs and direct by whom the same
shall be paid, whether by that party or by any other party to the
proceeding and whether in whole or in part or proportion.

Chapter XII

PREVENTIVE ACTION OF THE POLICE

Police to prevent seizable offences

103. Every police officer may interpose for the purpose of

preventing and shall to the best of his ability using all lawful
means prevent the commission of any seizable offence.

Information of design to commit seizable offences

104. Every police officer receiving information of a design to

commit any seizable offence shall communicate that information
to the police officer to whom he is subordinate and to any other
officer whose duty it is to prevent or take cognizance of the
commission of any such offence.

Arrest to prevent seizable offences

105. A police officer knowing of a design to commit any seizable

offence may arrest without orders from a Magistrate and without
a warrant the person so designing if it appears to the officer that
the commission of the offence cannot otherwise be prevented.
 Criminal Procedure Code 75

Prevention of injury to public property

106. A police officer may of his own authority interpose to

prevent any injury attempted to be committed in his view to
any public property, movable or immovable, or the removal or
injury of any public landmark or buoy or other mark used for
navigation.

Chapter XIIa
ANCILLARY INVESTIGATIVE POWERS IN RELATION TO
TERRORISM OFFENCES

106a–106c. (Deleted by Act A1431).

Part V
INFORMATION TO POLICE AND THEIR POWERS
TO INVESTIGATE
Chapter XIII

Information of offences

107. (1) Every information relating to the commission of an

offence, if given orally to an officer in charge of a police station,
shall be reduced to writing by him or under his direction and be
read over to the informant.

(2) Every such information shall be entered in a book to be

kept by that officer, who shall append to such entry the date and
hour on which that information was given, and whether given in
writing or reduced to writing as aforesaid shall be signed by the
person giving it.

(3) (a) Notwithstanding subsection (1), information given by

a person relating to the commission of an offence to a police
officer, who at the time of receiving the information is not in a
police station, shall be deemed to be received at a police station.

(b) A police officer receiving such information under

paragraph (a) where practicable shall record or cause to be recorded
the name and address of the informant, the date and time of the
receipt of such information, and shall convey such information
to an officer in charge of a police station or any police officer
whose duty is to receive such information.
76 Laws of Malaysia Act 593

(c) Such information shall be reduced to writing and entered

in a book in accordance with subsections (1) and (2) and shall
subsequently be signed by the person who gave the information.

(4) A police officer shall be duty bound to receive any information

in relation to any offence committed anywhere in Malaysia.

Report on status of investigation

107a. (1) Any person who has given information under section
107 may request for a report on the status of the investigation
of the offence complained of in his information from the officer
in charge of a police station where he gave the information.

(2) The officer in charge of a police station shall give a status

report on the investigation of such offence to the informant not
later than two weeks from the receipt of the request made under
subsection (1).

(3) Notwithstanding subsection (2), no officer in charge of a

police station shall be required to provide a status report on an
investigation of an offence—

(a) unless the offence complained of is a seizable offence;

(b) unless a period of four weeks has lapsed from the date
of the giving of the information under section 107; and

(c) which contains any matter that is likely to adversely affect

the investigation into the offence or the prosecution of
the offence.

(4) Where a request has been made under subsection (1) and
the officer in charge of the police station has failed to furnish
the informant with a status report within the period specified in
subsection (2), but subject to subsection (3), the informant may
make a report to the Public Prosecutor of the failure.

(5) Upon receipt of the report under subsection (4), the Public
Prosecutor shall direct the Officer in charge of the Police District
to furnish him with a detailed status report on the investigation
that has been conducted by the police in relation to the offence
in the information given by the informant.
 Criminal Procedure Code 77

(6) The Public Prosecutor shall cause to be furnished to the

informant, or direct the Officer in charge of the Police District
to furnish to the informant, a status report containing such
information as may be directed by the Public Prosecutor.

Procedure in non-seizable cases

108. (1) When the information aforesaid relates to the commission

of a non-seizable offence that officer shall refer the informant to
a Magistrate.

(2) No police officer shall in a non-seizable case exercise any

of the special powers in relation to police investigations given
by this Chapter without the order of the Public Prosecutor.

(3) Any police officer not below the rank of Sergeant or any
officer in charge of a police station receiving such order may
exercise the same powers in respect of the investigation, except
the power to arrest without warrant, as that police officer may
exercise without an order in a seizable case.

Admission of certified copy of information as evidence

108a. In any proceeding under this Code a copy of an entry

relating to an information reduced to writing under the provisions
of section 107, and purporting to be certified to be a true copy
by the Officer in charge of the Police District in which the police
station where the information given is situated, shall be admitted
as evidence of the contents of the original and of the time, place
and manner in which the information was so recorded.

Investigation in seizable cases

109. (1) Any police officer not below the rank of Sergeant or
any officer in charge of a police station may without the order
of the Public Prosecutor exercise all or any of the special powers
in relation to police investigations given by this Chapter in any
seizable case.
78 Laws of Malaysia Act 593

(2) No proceedings of a police officer in any such case shall

at any stage be called in question on the ground that the case was
one in which that officer was not empowered under this section
to exercise the special powers of police investigations given by
this Chapter.

Procedure where seizable offence suspected

110. (1) If from information received or otherwise a police

officer not below the rank of Sergeant or an officer in charge
of a police station has reason to suspect the commission of a
seizable offence he shall, unless the offence is of a character
which the Public Prosecutor has directed need not be reported
to him, immediately send a report of the same to the Public
Prosecutor, and shall proceed in person or shall depute one of
his subordinate officers to proceed to the spot to inquire into the
facts and circumstances of the case and to take such measures as
may be necessary for the discovery and, where not inexpedient,
arrest of the offender:

Provided as follows—

(a) when any information as to the commission of any such

offence is given against any person by name and the case
is not of a serious nature the police officer receiving the
same need not proceed in person or depute a subordinate
officer to make an inquiry on the spot;

(b) if it appears to the police officer receiving the information

that there is no sufficient ground for proceeding or
further proceeding in the matter he shall not do so.

(2) In each of the cases mentioned in paragraphs (a) and (b)

the police officer receiving the information shall state in his
said report, if any, his reasons for not fully complying with
subsection (1).

(3) Where a police officer exercises the power of deputation

given by subsection (1) the subordinate officer so deputed shall
not be entitled to use any of the powers given by sections 111,
112, 116 and 117.
 Criminal Procedure Code 79

Police officer’s power to require attendance of witnesses

111. (1) A police officer making an investigation under this

Chapter may by order in writing require the attendance before
himself of any person who from the information given or otherwise
appears to be acquainted with the circumstances of the case, and
that person shall attend as so required.

(2) If any such person refuses to attend as so required that

police officer may report such refusal to a Magistrate who may
thereupon in his discretion issue a warrant to secure the attendance
of that person as required by such order.

(3) (Deleted by Act A1274).

Examination of witnesses by police

112. (1) A police officer making a police investigation under this

Chapter may examine orally any person supposed to be acquainted
with the facts and circumstances of the case and shall reduce into
writing any statement made by the person so examined.

(2) Such person shall be bound to answer all questions relating

to the case put to him by that officer:

Provided that such person may refuse to answer any question

the answer to which would have a tendency to expose him to a
criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement
is made wholly or partly in answer to questions.

(4) A police officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2)
and (3).

(5) A statement made by any person under this section shall,

whenever possible, be taken down in writing and signed by the
person making it or affixed with his thumbprint as the case may
be, after it has been read to him in the language in which he
made it and after he has been given an opportunity to make any
corrections he may wish.
80 Laws of Malaysia Act 593

Admission of statements in evidence

113. (1) Except as provided in this section, no statement made

by any person to a police officer in the course of a police
investigation made under this Chapter shall be used in evidence.

(2) When any witness is called for the prosecution or for the
defence, other than the accused, the Court shall, on the request of
the accused or the prosecutor, refer to any statement made by that
witness to a police officer in the course of a police investigation
under this Chapter and may then, if the Court thinks fit in the
interest of justice, direct the accused to be furnished with a copy
of it and the statement may be used to impeach the credit of
the witness in the manner provided by the Evidence Act 1950
[Act 56].

(3) Where the accused had made a statement during the course
of a police investigation, such statement may be admitted in
evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any

statement made in the course of an identification parade or
falling within section 27 or paragraphs 32(1)(a), (i) and (j) of
the Evidence Act 1950.

(5) When any person is charged with any offence in relation

to—

(a) the making; or

(b) the contents,

of any statement made by him to a police officer in the course

of a police investigation made under this Chapter, that statement
may be used as evidence in the prosecution’s case.

No discouragement from making statement to police

114. No police officer or other person shall prevent or discourage

any person from making in the course of a police investigation
under this Chapter any statement which he may be disposed to
make of his own free will.
 Criminal Procedure Code 81

115. (Deleted by Act A1274).

Search by police officer

116. (1) Whenever a police officer making a police investigation

considers that the production of any document or other thing is
necessary to the conduct of an investigation into any offence
which he is authorized to investigate and there is reason to believe
that the person to whom a summons or order under section 51
has been or might be issued will not or would not produce the
document or other thing as directed in the summons or order
or when the document or other thing is not known to be in the
possession of any person, the officer may search or cause search
to be made for the same in any place.

(2) That officer shall, if practicable, conduct the search in

person.

(3) If he is unable to conduct the search in person and there

is no other person competent to make the search present at the
time, he may require any officer subordinate to him to make the
search, and he shall deliver to the subordinate officer an order in
writing specifying the document or other thing for which search
is to be made and the place to be searched, and the subordinate
officer may then search for the thing in that place.

(4) The provisions of this Code as to search warrants shall,

so far as may be, apply to a search made under this section.

Search and seizure without warrant

116a. (1) Whenever it appears to any police officer not below

the rank of Inspector that there is reasonable cause to suspect that
there is concealed or deposited in any place any evidence of the
commission of a security offence or any offence relating to an
organized crime and such police officer has reasonable grounds for
believing that, by reason of delay in obtaining a search warrant,
the object of the search is likely to be frustrated, he may—

(a) enter any premises and there search for, seize and take
possession of, any book, document, record, account or
data, or other article;
82 Laws of Malaysia Act 593

(b) inspect, make copies of, or take extracts from, any book,
document, record, account or data;

(c) search any person who is in or on such premises, and for

the purpose of such search detain such person and remove
him to such place as may be necessary to facilitate such
search, and seize and detain such article, container or
receptacle;

(d) break open, examine, and search any article, container

or receptacle; or

(e) stop, search, and seize any conveyance.

(2) Whenever it is necessary so to do, a police officer conducting

a search under subsection (1) may—

(a) break open any outer or inner door or window of any

premises and enter into, or otherwise forcibly enter the
premises and every part thereof;

(b) remove by force any obstruction to such entry, search,

seizure or removal; or

(c) detain any person found in or on any premises or in any

conveyance searched under subsection (1) until such
premises or conveyance has been searched.

(3) No person who is detained under paragraph (2)(c) shall be

searched except by a person who is of the same gender as the
person to be searched.

(4) For the purpose of this section, “security offence” means

a security offence as specified under the First Schedule to the
Security Offences (Special Measures) Act 2012 [Act 747].

Access to computerized data

116b. (1) A police officer not below the rank of Inspector

conducting a search under this Code shall be given access to
computerized data whether stored in a computer or otherwise.
 Criminal Procedure Code 83

(2) Any information obtained under subsection (1) shall be

admissible in evidence notwithstanding any other provisions in
any written law to the contrary.

(3) For the purpose of this section, “access” includes being

provided with the necessary password, encryption code, decryption
code, software or hardware and any other means required to
enable comprehension of the computerized data.

Interception of communication and admissibility of intercepted

communications

116c. (1) Notwithstanding any written law to the contrary, the

Public Prosecutor, if he considers that it is likely to contain
any information relating to the commission of an offence, may
authorize a police officer—

(a) to intercept, detain and open any postal article in the

course of transmission by post;

(b) to intercept any message transmitted or received by any

communication; or

(c) to intercept, listen to or record any conversation by

communication.

(2) The Public Prosecutor, if he considers that any communication

is likely to contain any information relating to the commission
of an offence, may—

(a) require a communications service provider to intercept and

retain a specified communication or communications of
a specified description received or transmitted, or about
to be received or transmitted by that communications
service provider; or

(b) authorize a police officer to enter any premises and to install

on such premises, any device for the interception and
retention of a specified communication or communications
of a specified description and to remove and retain such
device.
84 Laws of Malaysia Act 593

(3) Where any person is charged with an offence, any information

obtained under subsection (1) or (2), whether before or after such
person is charged, shall be admissible in evidence at his trial.

(4) An authorization by the Public Prosecutor under this

section may be given either orally or in writing, but if an oral
authorization is given, the Public Prosecutor shall as soon as
practicable reduce the authorization in writing.

(5) The Court shall take cognizance of any authorization by

the Public Prosecutor under this section.

Procedure where investigation cannot be completed within

twenty-four hours

117. (1) Whenever any person is arrested and detained in custody

and it appears that the investigation cannot be completed within
the period of twenty-four hours fixed by section 28 and there
are grounds for believing that the accusation or information is
well founded the police officer making the investigation shall
immediately transmit to a Magistrate a copy of the entries in the
diary hereinafter prescribed relating to the case and shall at the
same time produce the accused before the Magistrate.

(1a) The Public Prosecutor may appear in any application

made under this section.

(2) The Magistrate before whom an accused person is produced

under this section may, whether he has or has no jurisdiction
to try the case, authorize the detention of the accused in such
custody as follows:

(a) if the offence which is being investigated is punishable

with imprisonment of less than fourteen years, the
detention shall not be more than four days on the first
application and shall not be more than three days on
the second application; or

(b) if the offence which is being investigated is punishable

with death or imprisonment of fourteen years or more,
the detention shall not be more than seven days on the
first application and shall not be more than seven days
on the second application.
 Criminal Procedure Code 85

(3) The officer making the investigation shall state in the copy
of the entries in the diary referred to in subsection (1), any period
of detention of the accused immediately prior to the application,
whether or not such detention relates to the application.

(4) The Magistrate, in deciding the period of detention of

the accused person, shall take into consideration any detention
period immediately prior to the application, whether or not such
detention relates to the application.

(5) The Magistrate in deciding the period of detention of the

accused shall allow representations to be made either by the
accused himself or through a counsel of his choice.

(6) If the Magistrate has no jurisdiction to try the case and

considers further detention unnecessary he may order the accused
person to be produced before a Magistrate having such jurisdiction
or, if the case is triable only by the High Court, before himself or
another Magistrate having jurisdiction with a view to transmission
for trial by the High Court.

(7) A Magistrate authorizing under this section detention in

the custody of the police shall record his reasons for so doing.

Police officer may require bond for appearance of complainant

and witnesses

118. (1) If upon a police investigation made under this Chapter

it appears to the officer making the investigation that there is
sufficient evidence or reasonable ground of suspicion to justify
the commencement or continuance of criminal proceedings against
any person, the officer shall require the complainant, if any, and
so many of the persons who appear to the officer to be acquainted
with the circumstances of the case, as he thinks necessary, to
execute a bond to appear before a Magistrate’s Court therein
named and give evidence in the matter of the charge against the
accused.

(2) The officer in whose presence the bond is executed shall

send it to the Magistrate’s Court.
86 Laws of Malaysia Act 593

(3) If any complainant or witness refuses to execute the bond,

that officer shall report the same to the Magistrate’s Court which
may then in its discretion issue a warrant or summons to secure
the attendance of the complainant or witness before itself to give
evidence in the matter of the charge against the accused.

Diary of proceedings in investigation

119. (1) Every police officer making a police investigation

under this Chapter shall day by day enter his proceedings in the
investigation in a diary setting forth—

(a) the time at which the order, if any, for investigation

reached him;

(b) the time at which he began and closed the investigation;

(c) the place or places visited by him; and

(d) a statement of the circumstances ascertained through his

investigation.

(2) Notwithstanding anything contained in the Evidence Act

1950, an accused person shall not be entitled, either before or
in the course of any inquiry or trial, to call for or inspect any
such diary:

Provided that if the police officer who has made the investigation
refers to the diary for the purposes of section 159 or 160 of that
Act, such entries only as the officer has referred to shall be shown
to the accused, and the Court shall at the request of the officer
cause any other entries to be concealed from view or obliterated.

Report of police officer

120. (1) Every police investigation under this Chapter shall be

completed without unnecessary delay, and the officer making the
investigation shall, unless the offence is of a character which the
Public Prosecutor has directed need not be reported to him, submit
to the Public Prosecutor a report of his investigation together with
the investigation papers in respect of such investigation within
one week of the expiry of the period of three months from the
date of the information given under section 107.
 Criminal Procedure Code 87

(2) Notwithstanding subsection (1), the Public Prosecutor may

at any time, regardless that the period of three months mentioned
in subsection (1) has not expired, direct the officer making the
investigation or the Officer in charge of the Police District to
submit to the Public Prosecutor a report in the form in the Second
Schedule and the investigation papers in respect of the police
investigation.

Part VI

PROCEEDINGS IN PROSECUTIONS

Chapter XIV

JURISDICTION OF CRIMINAL COURTS IN INQUIRIES

AND TRIALS

Ordinary place of inquiry and trial

121. Every offence shall ordinarily be inquired into and tried

by a Court within the local limits of whose jurisdiction it was
committed.

Accused triable in place where act is done or where consequence

ensues

122. When a person is accused of the commission of any offence

by reason of anything which he has done and of any consequence
which has ensued, the offence may be inquired into or tried by
a Court within the local limits of whose jurisdiction any such
thing has been done or any such consequence has ensued.

ILLUSTRATIONS

(a) A is wounded within the local limits of the jurisdiction of the Court
of X and dies within those of the Court of Y. The offence of culpable
homicide of A may be inquired into by the Court of either X or Y.

(b) A is wounded in the local limits of the jurisdiction of the Court of X

and is during ten days more within the local limits of the Court of Y, and
during ten days more within the local limits of the jurisdiction of the Court
of Z, unable in the local limits of the jurisdiction of the Court of either
Y or Z to follow his ordinary pursuits. The offence of unlawfully causing
grievous hurt to A may be inquired into or tried by the Court of either X,
Y, or Z.
88 Laws of Malaysia Act 593
(c) A is put in fear of injury within the local limits of the jurisdiction of the
Court of X and is thereby induced within the local limits of the jurisdiction
of the Court of Y to deliver property to the person who put him in fear.
The offence of extortion committed on A may be inquired into or tried by
the Court of either X or Y.

Place of trial where act is an offence by reason of relation

to other offence

123. When an act is an offence by reason of its relation to any

other act which is also an offence or which would be an offence
if the person was capable of committing an offence a charge of
the first mentioned offence may be inquired into or tried by a
Court within the local limits of whose jurisdiction either act was
done.
ILLUSTRATIONS

(a) A charge of abetment may be inquired into or tried either by the Court
within the local limits of whose jurisdiction the abetment was committed
or by the Court within the local limits of whose jurisdiction the offence
abetted was committed.

(b) A charge of receiving or retaining stolen goods may be inquired into

or tried either by the Court within the local limits of whose jurisdiction
the goods were stolen or by the Court within the local limits of whose
jurisdiction they were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been

kidnapped may be inquired into by the Court within the local limits of
whose jurisdiction the wrongful concealing or by the Court within the local
limits of whose jurisdiction the kidnapping took place.

Offences of escaping from custody, of criminal misappropriation

or criminal breach of trust and of stealing, where triable

124. (1) The offence of having escaped from custody may be

inquired into or tried by a Court within the local limits of whose
jurisdiction the alleged escape occurred or a Court within the local
limits of whose jurisdiction the person charged with escaping was
apprehended after the alleged escape.

(2) The offence of criminal misappropriation or of criminal

breach of trust may be inquired into or tried by a Court within
the local limits of whose jurisdiction any part of the property
which is the subject of the offence was received by the accused
person, or the offence was committed.
 Criminal Procedure Code 89

(3) The offence of stealing anything may be inquired into or

tried by a Court within the local limits of whose jurisdiction such
thing was stolen or was possessed by the thief, or by any person
who receives or retains the same knowing or having reason to
believe it to be stolen.

Where scene of offence is uncertain, etc.

125. If—

(a) when it is uncertain in which of several local areas an

offence was committed;

(b) where an offence is committed partly in one local area

and partly in another;

(c) where an offence is a continuing one and continues to

be committed in more local areas than one; or

(d) where it consists of several acts done in different local

areas,

it may be inquired into and tried by a Court having jurisdiction

over any of such local areas.

Offence committed on a journey

126. An offence committed while the offender is in the course

of performing a journey or voyage may be inquired into or tried
by a Court through or into the local limits of whose jurisdiction
the offender or the person against whom or the thing in respect
of which the offence was committed passed in the course of that
journey or voyage.

When doubt arises High Court to decide

127. Whenever any doubt arises as to the Court by which any

offence should under the preceding provisions of this Chapter be
inquired into or tried the High Court may—

(a) of its own motion;

90 Laws of Malaysia Act 593

(b) if a Court subordinate to the High Court refers the question

to the High Court for directions; or

(c) upon application made by the Public Prosecutor or the

person charged,

decide by which Court the offence shall be inquired into or tried:

Provided that before the decision is taken by the High Court

the Public Prosecutor and the person charged shall be entitled to
be heard.

Liability for offences committed out of Malaysia

127a. (1) Any offence under Chapters VI ,VIa and VIb of the
Penal Code, 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 Malaysia 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, or operated

or controlled by, in whole or in part, the Government of
Malaysia, or the Government of any State in Malaysia,
any citizen of Malaysia, or any corporation created by
or under the laws of Malaysia 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;
 Criminal Procedure Code 91

(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,

may be dealt with as if it had been committed at any place within

Malaysia:

Provided—

(i) that notwithstanding anything in any of the preceding

sections of this Chapter no charge as to any such offence
shall be inquired into in Malaysia unless a diplomatic
officer, if here is one, in the territory in which the
offence is alleged to have been committed certifies that,
in his opinion, the charge ought to be inquired into in
Malaysia; and,

where there is no diplomatic officer, the sanction of the Public

Prosecutor shall be required:

(ii) that any proceedings taken against any person under this
section which would be a bar to subsequent proceedings
against that person for the same offence if the offence
had been committed in Malaysia shall be a bar to further
proceedings against him under any written law relating
to extradition or the surrender of fugitive criminals in
force in Malaysia in respect of the same offence in any
territory beyond the limits of Peninsular Malaysia.

(2) For the purposes of this section the expression “permanent

resident” has the meaning assigned by the Courts of Judicature
Act 1964.

Power to direct copies of depositions and exhibits to be

received in evidence

127b. Wherever any such offence as is referred to in section

127a is being inquired into or tried, the Public Prosecutor may,
if he thinks fit, direct that copies of depositions made or exhibits
92 Laws of Malaysia Act 593

produced before the diplomatic officer in or for the territory in

which the offence is alleged to have been committed shall be
received as evidence by the Court holding the inquiry or trial in
any case in which the Court might issue a commission for taking
evidence as to the matter to which the depositions or exhibits
relate.

Conditions Requisite for Initiation of Proceedings

Cognizance of offences by Magistrates

128. (1) Subject to this Code, a Magistrate may take cognizance

of an offence—

(a) upon receiving a complaint as defined by this Code;

(b) upon his own knowledge or suspicion that an offence has

been committed;

(c) whenever it appears to the Public Prosecutor that an

offence has been committed and he, by warrant under his
hand, requires a Magistrate to inquire into the offence
and that Magistrate receives the warrant;

(d) on any person being brought before him in custody without

process accused of having committed an offence which
the Magistrate has jurisdiction to try.

(2) When a Magistrate takes cognizance of an offence under

paragraph (b) the accused or, when there are several persons
accused, any one of them shall be entitled to require that the
case shall not be tried by that Magistrate but shall be tried by
another Magistrate.

Sanction required for prosecution for certain offences

129. (1) Except in the case of complaints laid by the Public

Prosecutor no Court shall take cognizance—

(a) of any offence punishable under sections 172 to 188 of

the Penal Code except with the previous sanction of
the Public Prosecutor or on the complaint of the public
servant concerned or of some public servant to whom
he is subordinate;
 Criminal Procedure Code 93

(b) of any offence punishable under section 193, 194, 195,

196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228
of the Penal Code except with the previous sanction of
the Public Prosecutor or when the offence is committed
in or in relation to any proceeding in any Court on the
complaint of such Court;

(c) of any offence described in section 463 or punishable

under section 471, 475 or 476 of the Penal Code except
with the previous sanction of the Public Prosecutor, or
when the offence has been committed by a party to any
proceeding in Court in respect of a document given in
evidence in the proceeding on the complaint of such
Court.

(2) The provisions of subsection (1) with reference to the

offences named in it apply also to the abetment of those offences
and attempts to commit them.

(3) The sanction referred to in this section shall be in writing

and may be expressed in general terms and need not name the
accused person, but it shall so far as practicable specify the Court
or other place in which and the occasion on which the offence
was committed.

(4) When a sanction is given in respect of any offence referred

to in this section the Court taking cognizance of the case may
frame a charge of any other offence so referred to which is
disclosed by the facts.

(5) No such sanction shall remain in force unless acted upon

within one month from the date on which it was given.

Where complaint by Public Prosecutor is necessary

130. No Court shall take cognizance of any offence punishable

under Chapter VI of the Penal Code, except section 127, or
punishable under section 108a, 298a or 505 of the Penal Code
unless upon complaint made by the Public Prosecutor or by some
officer empowered by him on that behalf.
94 Laws of Malaysia Act 593

Where complaint by person aggrieved

131. No Court shall take cognizance of an offence falling under

Chapter XIX or XXI of the Penal Code or under sections 493
to 496 both inclusive, except upon a complaint made by some
person aggrieved by the offence or by the Public Prosecutor.

Where complaint by husband

132. No Court shall take cognizance of an offence under

section 498 of the Penal Code except upon a complaint made by
the husband of the woman.

Chapter XV

COMPLAINTS TO MAGISTRATES

Examination of complainant

133. (1) When a Magistrate takes cognizance of an offence on

a complaint—

(a) the Magistrate shall set a date to examine the complainant

in accordance with this section;

(b) the Magistrate shall serve on the Public Prosecutor a

notice in writing at least seven clear days before the
date of the examination of the complainant and such
notice shall specify the date of the examination of the
complainant and the particulars of the complaint received
by the Magistrate under section 128;

(c) the Magistrate shall not proceed to examine the complainant

unless the notice required by paragraph (b) has been
served on the Public Prosecutor in accordance with that
paragraph;

(d) the Magistrate shall examine the complainant upon oath

and the substance of the examination of the complainant
shall be reduced to writing and shall be signed by the
complainant and by the Magistrate;

(e) the Public Prosecutor may appear and assist the Magistrate
in the examination of the complainant.
 Criminal Procedure Code 95

(1a) Notwithstanding subsection (1), the Public Prosecutor may

at any stage of the examination direct the police to investigate
the offence complained of and to report thereon to the Public
Prosecutor.

(1b) If the Public Prosecutor directs the police to investigate

the offence complained of, the Magistrate shall not proceed with
the examination of the complainant.

(2) This section shall not apply to a complaint of an offence

where a summons is applied for in a summons case made by a
police officer, public officer or public servant acting in his official
capacity.

Postponement of issue of process

134. (1) If the Magistrate sees reason to doubt the truth of

a complaint of an offence of which he is authorized to take
cognizance he may, when the complainant has been examined,
record his reason for doubting the truth of the complaint and may
then postpone the issue of process for compelling the attendance
of the person complained against and either inquire into the case
himself or direct some police officer to make inquiries for the
purpose of ascertaining the truth or falsehood of the complaint
and report to him and to the Public Prosecutor the result of those
inquiries.

(2) If the Magistrate decides to inquire into the case himself

in accordance with subsection (1), the Magistrate shall serve on
the Public Prosecutor a notice in writing at least seven clear days
before the date of the inquiry and the Public Prosecutor may
appear and assist the Magistrate in such inquiry.

Dismissal of complaint

135. (1) The Magistrate before whom a complaint is made

may dismiss the complaint if after examining the complainant
and recording his examination and considering the result of the
inquiry, if any, made under section 134, there is in his judgment
no sufficient ground for proceeding.
96 Laws of Malaysia Act 593

(2) The Magistrate if he dismisses the complaint shall record

his reasons for so doing.

(3) Notwithstanding subsections (1) and (2), the Public

Prosecutor may, if he thinks fit, inform the Magistrate that no
prosecution shall proceed in respect of the offence complained
of, and thereupon the Magistrate shall dismiss the complaint.

Chapter XVI

COMMENCEMENT OF PROCEEDINGS BEFORE

A MAGISTRATE’S COURT

Issue of process

136. (1) If in the opinion of a Magistrate taking cognizance of

an offence there is sufficient ground for proceeding and the case
appears to be one in which according to the fourth column of
the First Schedule a summons should issue in the first instance,
he shall issue a summons for the attendance of the accused.

(2) If the case appears to be one in which according to that

column a warrant should issue in the first instance, he may issue
a warrant or if he thinks fit, a summons for causing the accused
to be brought or to appear at a certain time before himself or
some other Magistrate having jurisdiction.

(3) Nothing in this section shall be deemed to affect section 47.

Personal attendance of accused may be dispensed with

137. (1) Whenever a Magistrate issues a summons, he may, at his

discretion, by endorsement thereon or footnote thereto, dispense,
subject to such conditions as he may deem fit to impose, with
the personal attendance of the accused and permit him to appear
by advocate.

(2) In any case relating to an offence punishable by fine only

or by imprisonment only of a term not exceeding three months or
by both fine and imprisonment not exceeding three months and
in which a Magistrate has issued a summons, an accused person
desiring to plead guilty and be convicted and sentenced in his
absence may appear by advocate, or may by letter addressed to
 Criminal Procedure Code 97

the Magistrate plead guilty and submit to pay any fine which may
be imposed in respect of that offence and the Magistrate may
thereupon record a plea of guilty and convict him according to
law, and may sentence him to a fine with or without a sentence
of imprisonment in default of payment of the fine.

(3) In case of a plea of guilty by letter the accused shall

give in the letter an adequate postal address and the Magistrate
shall inform the accused by letter sent by registered post to that
address of the sentence imposed. Any fine so imposed shall be
paid by the accused within seven days from the day on which the
Magistrate’s letter was delivered at that address in the ordinary
course of post.

(4) The Magistrate inquiring into or trying the case may in

his discretion at any stage of the proceedings direct the personal
attendance of the accused, and if necessary enforce the attendance
in the manner hereinbefore provided.

(5) A sentence of imprisonment without the option of a fine

shall not be pronounced in the absence of the accused but the
Magistrate, if he intends to pass such a sentence, shall direct and
enforce the personal attendance of the accused in accordance with
subsection (4), and upon the attendance may, subject to subsection (6),
pass sentence according to law.

(6) Upon the accused appearing as aforesaid the Magistrate

shall, if the accused desires to withdraw his plea of guilty and
claim trial, and notwithstanding any order of conviction made
in his absence, permit the accused to withdraw such plea and
shall thereupon hear and determine the case and, if the accused
is convicted, pass sentence according to law.

(7) Nothing in this section contained shall affect the powers

of the Court conferred by paragraph 173(o).

Chapter XVII

PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE

HIGH COURT

138–151. (Deleted by Act A908).

98 Laws of Malaysia Act 593
Chapter XVIIa
SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES
TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS
LEGALLY REPRESENTED

151a–151b. (Deleted by Act A908).

Chapter XVIII

THE CHARGE

Form of charge

152. (1) Every charge under this Code shall state the offence
with which the accused is charged.

(2) If the law which creates the offence gives it any specific
name the offence may be described in the charge by that name
only.

(3) If the law which creates the offence does not give it any
specific name so much of the definition of the offence must be
stated as to give the accused notice of the matter with which he
is charged.

(4) The law and section of the law against which the offence
is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement

that every legal condition required by law to constitute the offence
charged was fulfilled in the particular case.

(6) If the accused has been previously convicted of any offence,

and it is intended to prove that previous conviction for the purpose
of increasing the punishment which the Court is competent to
award, the fact, date and place of the previous conviction shall
be stated in the charge. If the statement is omitted the Court may
add it at any time before sentence is passed.
ILLUSTRATIONS

(a) A is charged with the murder of B. This is equivalent to a statement

that A’s act fell within the definition of murder given in sections 299
and 300 of the Penal Code; that it did not fall within any of the general
exceptions of the same Code and that it did not fall within any of the five
exceptions to section 300, or that if it did fall within exception 1, one or
other of the three provisos to that exception applied to it.
 Criminal Procedure Code 99
(b) A is charged under section 326 of the Penal Code with voluntarily
causing grievous hurt to B by means of an instrument for shooting. This
is equivalent to a statement that the case was not provided for by section
335 of the Penal Code, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, criminal intimidation, or

using a false property-mark. The charge may state that A committed murder
or cheating or theft or extortion or criminal intimidation or that he used
a false property-mark without reference to the definitions of those crimes
contained in the Penal Code; but the sections under which the offence is
punishable must in each instance be referred to in the charge.

(d) A is charged under section 184 of the Penal Code with intentionally
obstructing a sale of property offered for sale by the lawful authority of a
public servant. The charge should be in those words.

Particulars as to time, place and person

153. (1) The charge shall contain such particulars as to the time
and place of the alleged offence and the person, if any, against
whom or the thing, if any, in respect of which it was committed
as are reasonably sufficient to give the accused notice of the
matter with which he is charged.

(2) When the accused is charged with criminal breach of trust

or dishonest misappropriation of money it shall be sufficient to
specify the gross sum in respect of which the offence is alleged
to have been committed and the dates between which the offence
is alleged to have been committed, without specifying particular
items or exact dates, and the charge so framed shall be deemed
to be a charge of one offence within the meaning of section 164:

Provided that the time included between the first and last of
such dates shall not exceed one year.

(3) When the accused is charged with an offence relating to

publication by electronic means, the place of publication is where
the publication is seen, heard or read by any person.

When manner of committing offence must be stated

154. When the nature of the case is such that the particulars
mentioned in sections 152 and 153 do not give the accused
sufficient notice of the matter with which he is charged, the
100 Laws of Malaysia Act 593

charge shall also contain such particulars of the manner in which

the alleged offence was committed as will be sufficient for that
purpose.

ILLUSTRATIONS

(a) A is accused of the theft of a certain article at a certain time and place.
The charge need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must
set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. The
charge must set out that portion of the evidence given by A which is alleged
to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his

public functions at a given time and place. The charge must set out the
manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge
need not state the manner in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save

B from punishment. The charge must set out the disobedience charged and
the law infringed.

Sense of words used in charge to describe offence

155. In every charge words used in describing an offence shall

be deemed to have been used in the sense attached to them
respectively by the law under which that offence is punishable.

Effect of errors

156. No error in stating either the offence or the particulars

required to be stated in the charge, and no omission to state the
offence or those particulars shall be regarded, at any stage of the
case, as material unless the accused was in fact misled by that
error or omission.
 Criminal Procedure Code 101
ILLUSTRATIONS

(a) A is charged under section *242 of the Penal Code with “having been
in possession of counterfeit coin, having known at the time when he became
possessed of it that the coin was counterfeit” the word “fraudulently” being
omitted in the charge. Unless it appears that A was in fact misled by this
omission the error shall not be regarded as material.

(b) A is charged with cheating B, and the manner in which he cheated B

is not set out in the charge, or is set out incorrectly. A defends himself,
calls witnesses, and gives his own account of the transaction. The Court
may infer from this that the omission to set out the manner of the cheating
is not material.

(c) A is charged with cheating B, and the manner in which he cheated B is

not set out in the charge. There were many transactions between A and B,
and A had no means of knowing to which of them the charge referred, and
offered no defence. The Court may infer from these facts that the omission
to set out the manner of the cheating was, in this case, a material error.

(d) A is charged with the murder of John Smith on 6 June 1910. In fact
the murdered person’s name was James Smith and the date of the murder
was 5 June 1910. A was never charged with any murder but one, and had
heard the inquiry before the Magistrate which referred exclusively to the
case of James Smith. The Court may infer from these facts that A was not
misled, and that the error in the charge was immaterial.

(e) A was charged with murdering James Smith on 5 June 1910, and John
Smith (who tried to arrest him for that murder) on 6 June 1910. When
charged for the murder of James Smith he was tried for the murder of John
Smith. The witnesses present in his defence were witnesses in the case of
James Smith. The Court may infer from this that A was misled and that
the error was material.

157. (Deleted by Act A1132).

Court may alter or add to charge

158. (1) Any Court may alter or add to any charge at any time
before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained

to the accused.

*NOTE—Section 242 of the Penal Code has been repealed by Act A327 w.e.f. 31 March 1976.
102 Laws of Malaysia Act 593

When trial may proceed immediately after alteration or addition

159. If a charge is framed or alteration or addition made under

either section 157 or 158, the Court shall immediately call upon
the accused to plead thereto and to state whether he is ready to
be tried on the charge or altered or added charge. If the accused
declares that he is not ready, the Court shall duly consider the
reasons he may give and if proceeding immediately with the trial
is not likely, in the opinion of the Court, to prejudice the accused
in his defence or the prosecutor in the conduct of the case, the
Court may, in its discretion, after the charge or alteration or
addition has been framed or made, proceed with the trial as if
the new or altered or added charge had been the original charge.

When new trial may be directed or trial suspended

160. If the new or altered or added charge is such that proceeding

immediately with the trial is likely, in the opinion of the Court,
to prejudice the accused or the prosecutor as aforesaid, the Court
may either direct a new trial or adjourn the trial for such period
as may be necessary.

Stay of proceedings if prosecution of offence in altered charge

requires previous sanction

161. If the offence stated in the new or altered or added charge

is one for the prosecution of which previous sanction is necessary
the case shall not be proceeded with until the sanction is obtained,
unless sanction has been already obtained for a prosecution on
the same facts as those on which the new or altered charge is
founded.

Recall of witnesses when charge altered

162. Whenever a charge is altered or added by the Court after the

commencement of the trial the prosecutor and the accused shall
be allowed to recall or resummon and examine, with reference
to the alteration or addition, any witness who may have been
examined, and may also call any further evidence which may be
material.
 Criminal Procedure Code 103

Separate charges for distinct offences

163. For every distinct offence of which any person is accused

there shall be a separate charge, and every such charge shall be
tried separately, except in the cases mentioned in sections 164,
165, 166 and 170.

ILLUSTRATION

A is accused of a theft on one occasion, and of causing grievous hurt

on another occasion. A must be separately charged and separately tried for
the theft and causing grievous hurt.

Three offences of same kind within twelve months may be

charged together

164. (1) When a person is accused of more offences than one

of the same kind committed within the space of twelve months
from the first to the last of such offences, whether in respect of
the same person or not, he may be charged with and tried at one
trial for any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable
with the same amount of punishment under the same section of
the Penal Code, or of any other law for the time being in force:

Provided that, for the purpose of this section, an offence

punishable under section 379, 380, 382, 392, 393, 394, 395, 396
or 397 of the Penal Code shall be deemed to be an offence of
the same kind as an offence punishable under any other of the
said sections, and that an offence punishable under any section
of the Penal Code or of any other law for the time being in force
shall be deemed to be an offence of the same kind as an attempt
to commit such an offence, when such an attempt is an offence.

Trial for more than one offence

165. (1) If in one series of acts so connected together as to form

the same transaction more offences than one are committed by
the same person, he may be charged with and tried at one trial
for every such offence.
104 Laws of Malaysia Act 593

(2) If the acts alleged constitute an offence falling within two

or more separate definitions of any law in force for the time being
by which offences are defined or punished, the person accused
of them may be charged with and tried at one trial for each of
those offences.

(3) If several acts, of which one or more than one would

by itself or themselves constitute an offence, constitute when
combined a different offence, the person accused of them may
be charged with and tried at one trial for the offence constituted
by those acts when combined, or for any offence constituted by
any one or more of those acts.

(4) Nothing contained in this section shall affect section 71 of

the Penal Code.

ILLUSTRATIONS

to subsection (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievous

hurt to C, a constable in whose custody B was. A may be charged with
and tried for offences under sections 225 and 333 of the Penal Code.

(b) A has in his possession several seals, knowing them to be counterfeit,

and intending to use them for the purpose of committing several forgeries
punishable under section 446 of the Penal Code. A may be separately
charged with and convicted of the possession of each seal under section
473 of the Penal Code.

(c) With intent to cause injury to B, A institutes a criminal proceeding

against him, knowing that there is no just or lawful ground for such
proceeding; and also falsely accuses B of having committed an offence,
knowing that there is no just or lawful ground for such charge. A may be
separately charged with and convicted of two offences under section 211
of the Penal Code.

(d) A, with intent to cause injury to B, falsely accuses him of having

committed an offence, knowing that there is no just or lawful ground for
such charge. On the trial A gives false evidence against B, intending thereby
to cause B to be convicted of a capital offence. A may be separately charged
with and convicted of offences under sections 211 and 194 of the Penal
Code.

(e) A, with six others, commits the offence of rioting, grievous hurt, and
assaulting a public servant endeavouring, in the discharge of his duty as
such, to suppress the riot. A may be separately charged with and convicted
of offences under sections 145, 325 and 152 of the Penal Code.
 Criminal Procedure Code 105
(f) A threatens B, C and D at the same time with injury to their persons,
with intent to cause alarm to them. A may be separately charged with and
convicted of each of the three offences under section 506 of the Penal
Code.

The separate charges referred to in illustrations (a) to (f), respectively, may

be tried at the same time.

to subsection (2)

(g) A wrongfully strikes B with a cane. A may be separately charged with

and convicted of offences under sections 352 and 323 of the Penal Code.

(h) Several stolen sacks of corn are made over to A and B, who know they
are stolen property, for the purpose of concealing them. A and B thereupon
voluntarily assist each other to conceal the sacks at the bottom of a grain
pit. A and B may be separately charged with and convicted of offences
under sections 411 and 414 of the Penal Code.

(i) A exposes her child with the knowledge that she is thereby likely to
cause its death. The child dies in consequence of such exposure. A may
be separately charged with and convicted of offences under sections 317
and 304 of the Penal Code.

(j) A dishonestly uses a forged document as genuine evidence, in order to

convict B, a public servant, of an offence under section 167 of the Penal
Code. A may be separately charged with and convicted of offences under
sections 471 (read with 466) and 196 of the Penal Code.

to subsection (3)

(k) A commits robbery on B, and in doing so voluntarily causes hurt to

him. A may be separately charged with and convicted of offences under
sections 323, 392 and 394 of the Penal Code.

Where it is doubtful what offence has been committed

166. If a single act or series of acts is of such a nature that it is

doubtful which of several offences the facts which can be proved
will constitute, the accused may be charged with having committed
all or any of those offences; and any number of the charges may
be tried at once, or he may be charged in the alternative with
having committed some one of the said offences.

ILLUSTRATIONS

(a) A is accused of an act which may amount to theft or receiving stolen

property or criminal breach of trust or cheating. He may be charged with
theft, receiving stolen property, criminal breach of trust, and cheating, or he
may be charged with having committed theft, or receiving stolen property,
or criminal breach of trust, or cheating.
106 Laws of Malaysia Act 593
(b) A states on oath before the committing Magistrate that he saw B hit
C with a club. Before the High Court A states on oath that B never hit C.
A may be charged in the alternative and convicted of intentionally giving
false evidence although it cannot be proved which of these contradictory
statements was false.

When a person charged with one offence can be convicted

of another

167. If in the case mentioned in section 166 the accused is charged

with one offence and it appears in evidence that he committed
a different offence for which he might have been charged under
the provisions of that section, he may be convicted of the offence
which he is shown to have committed although he was not charged
with it.

ILLUSTRATION

A is charged with theft. It appears that he committed the offence of

criminal breach of trust, or that of receiving stolen goods. He may be
convicted of criminal breach of trust, or of receiving stolen goods (as the
case may be) though he was not charged with such offence.

Person charged with an offence can be convicted of the attempt

168. When the accused is charged with an offence he may be

convicted of having attempted to commit that offence, although
the attempt is not separately charged.

When offence proved is included in offence charged

169. (1) When a person is charged with an offence consisting

of several particulars, a combination of some only of which
constitutes a complete minor offence, and the combination is
proved but the remaining particulars are not proved, he may be
convicted of the minor offence though he was not charged with
it.

(2) When a person is charged with an offence and facts are

proved which reduce it to a minor offence, he may be convicted
of the minor offence although he is not charged with it.
 Criminal Procedure Code 107

(3) Nothing in this section shall be deemed to authorize a

conviction of any offence referred to in section 131 or 132 of
this Code when no complaint has been made as required by those
sections.

ILLUSTRATIONS

(a) A is charged under section 407 of the Penal Code with criminal breach
of trust in respect of property entrusted to him as a carrier. It appears that
he did commit criminal breach of trust under section 406 in respect of
the property, but that it was not entrusted to him as a carrier. He may be
convicted of criminal breach of trust under section 406.

(b) A is charged under section 325 of the Code with causing grievous
hurt. He proves that he acted on grave and sudden provocation. He may
be convicted under section 335 of that Code.

When persons may be charged jointly

170. (1) When more persons than one are accused of the same
offence or of different offences committed in the same transaction,
or when one person is accused of committing an offence and
another of abetment of or attempt to commit the same offence,
they may be charged and tried together or separately as the Court
thinks fit, and the provisions contained in the former part of this
Chapter shall apply to all the charges.

ILLUSTRATIONS

(a) A and B are accused of the same murder. A and B may be charged and
tried together for the murder.

(b) A and B are both charged with a theft, and B is charged with two other
thefts committed by him in the course of the same transaction. A and B
may be both tried together on a charge charging both with the one theft
and B alone with the two other thefts.

(c) A and B, being members of opposing factions in a riot, should be

charged and tried separately.

(d) A and B are accused of giving false evidence in the same proceeding.
They should be charged and tried separately.
108 Laws of Malaysia Act 593

(2) Persons accused of an offence which includes theft, extortion,

criminal breach of trust, cheating or criminal misappropriation,
and persons accused of receiving or retaining, or assisting in
the disposal or concealment of, property possession of which is
alleged to have been transferred by any such offence committed
by the first named persons, or of abetment of or attempting to
commit any such last-named offence, may be charged and tried
together.

Withdrawal of remaining charges on conviction on one of

several charges

171. (1) When more charges than one are made against the same
person and when a conviction has been had on one or more of
them, the officer conducting the prosecution may, with the consent
of the Court, withdraw the remaining charge or charges, or the
Court of its own accord may stay the inquiry into or trial of the
charge or charges.

(2) Such withdrawal or stay shall have the effect of an acquittal

on such charge or charges, unless the conviction is set aside,
in which case the said Court (subject to the order of the Court
setting aside the conviction) may proceed with the inquiry into
or trial of the charge or charges so withdrawn or not proceeded
with.

Outstanding offences

171a. (1) Where in any criminal proceedings instituted by or on

behalf of the Public Prosecutor the accused is found guilty of an
offence, the Court, in determining and in passing sentence, may,
with the consent of the prosecutor and the accused, take into
consideration any other outstanding offence or offences which
the accused admits to have committed:

Provided that, if any criminal proceedings are pending in

respect of any such outstanding offence or offences and those
proceedings were not instituted by or on behalf of the Public
Prosecutor, the Court shall first be satisfied that the person or
authority by whom those proceedings were instituted consents to
that course.
 Criminal Procedure Code 109

(2) When consent is given as in subsection (1) and an outstanding

offence is taken into consideration, the Court shall enter or cause
an entry to that effect to be made on the record and upon sentence
being pronounced the accused shall not, unless the conviction
which has been had is set aside, be liable to be charged or tried
in respect of any such offence so taken into consideration.

Charges to be in forms in Second Schedule

172. (1) All charges upon which persons are tried before the
High Court shall be brought in the name of the Public Prosecutor,
and be as nearly as possible in accordance with the forms in the
Second Schedule 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.
110 Laws of Malaysia Act 593

(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
accused and his advocate and the prosecution during the
pre-trial conference, the Magistrate or the Sessions
 Criminal Procedure Code 111

Court 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.

(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.
112 Laws of Malaysia Act 593

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.

(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.
 Criminal Procedure Code 113

(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

(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
114 Laws of Malaysia Act 593

(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 natural life;

(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 imposed is not less than ten years, and includes any attempt
or abetment to commit such offence.

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.
 Criminal Procedure Code 115

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.

(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.
116 Laws of Malaysia Act 593

(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.

(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.
 Criminal Procedure Code 117

(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.

(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.
118 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 119

(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 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.
120 Laws of Malaysia Act 593

(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.

(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].
 Criminal Procedure Code 121

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 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.
122 Laws of Malaysia Act 593

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;

(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;
 Criminal Procedure Code 123

(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;

(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.
124 Laws of Malaysia Act 593

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:

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.
 Criminal Procedure Code 125
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.

(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.
126 Laws of Malaysia Act 593

(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:

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.
 Criminal Procedure Code 127

(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.

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).

128 Laws of Malaysia Act 593
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).

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.
 Criminal Procedure Code 129

(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.

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.
130 Laws of Malaysia Act 593

(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.

(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
 Criminal Procedure Code 131

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.

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.
132 Laws of Malaysia Act 593
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 in the third column of Part A; or when a prosecution
for such offence is actually pending, be compounded by the person
with the consent of the Court before which the case is pending.

(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.
 Criminal Procedure Code 133

Part A

Offence Section of Penal Person by whom

Code applicable offence may be
compounded

Uttering words, etc., with 298 The person whose

deliberate intent to wound religious feelings are
the religious feeling of any intended to be wounded
person

Causing hurt … … … 323, 334 The person to whom

the hurt is caused

Wrongfully restraining or 341, 342 The person restrained

confining any person or confined

Assault or use of criminal 352, 355, 358 The person assaulted

force or to whom criminal
force is used

Unlawful compulsory labour 374 The person compelled

to labour

Mischief when the only loss 426, 427 The person to whom
or damage caused is loss or the loss or damage is
damage to a private person 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 491
of service The person with
whom the offender
has contracted

Enticing or taking away or 498 The husband of the

detaining with a criminal woman
intent a married woman

Defamation … … 500 The person defamed

Printing or engraving matter 501 ”

knowing it to be defamatory
134 Laws of Malaysia Act 593
Offence Section of Penal Person by whom
Code applicable offence may be
compounded

Sale of printed or engraved 502 ”

substance containing
defamatory matter knowing
it to contain such matter

Insult intended to provoke a 504 The person insulted

breach of the peace

Part B

Offence Section of the

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.
 Criminal Procedure Code 135

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.

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
136 Laws of Malaysia Act 593

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.

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.
 Criminal Procedure Code 137

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.

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.
138 Laws of Malaysia Act 593

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.

(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.”.
 Criminal Procedure Code 139

(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.

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.
140 Laws of Malaysia Act 593

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;

(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.
 Criminal Procedure Code 141

(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.

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;
142 Laws of Malaysia Act 593

(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.

(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.
 Criminal Procedure Code 143

(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.

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
144 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 145

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).

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.
*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].
146 Laws of Malaysia Act 593

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.

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
 Criminal Procedure Code 147

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, what reasons there are,
why the sentence of death should or should not be
carried out;

(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;
148 Laws of Malaysia Act 593

(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;

(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;
 Criminal Procedure Code 149

(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 effect under the order or warrant, or intended so
to have been carried into effect, or shall render any
execution illegal which would otherwise have been
legal.

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.
150 Laws of Malaysia Act 593

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;

(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
 Criminal Procedure Code 151

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;

(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 The period shall

term of imprisonment— not exceed—
does not exceed six the maximum
months term of
imprisonment
exceeds six months six months
but does not exceed
one year
exceeds one year but one year
does not exceed two
years
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 one month
hundred ringgit
exceeding five hundred six months
ringgit but does not
exceed one thousand
ringgit
152 Laws of Malaysia Act 593

exceeding one thousand one year

ringgit but does not
exceed five thousand
ringgit
exceeds five thousand three years;
ringgit
(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 warrant under section 283, it may suspend the execution
of the sentence of imprisonment and may release the offender
on his executing a bond, with or without sureties as the Court
thinks fit, conditioned for his appearance before that Court on the
 Criminal Procedure Code 153

day appointed for the return to the warrant, such day not being
more than fifteen days from the time of executing the bond; and
in the event of the fine not having been realized the Court may
direct the sentence of imprisonment to be carried into execution
at once.

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.

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.
154 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 155

(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 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.
156 Laws of Malaysia Act 593

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;

(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
 Criminal Procedure Code 157

(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 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.
158 Laws of Malaysia Act 593

(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.

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;
 Criminal Procedure Code 159

(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 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.
160 Laws of Malaysia Act 593

(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;

(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.
 Criminal Procedure Code 161

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 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.
162 Laws of Malaysia Act 593

(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.

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
 Criminal Procedure Code 163

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.

(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.

ILLUSTRATIONS

(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.
164 Laws of Malaysia Act 593

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.

(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.
 Criminal Procedure Code 165

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.

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 an 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 it to be served upon the appellant or his advocate
by leaving the said copy at the address mentioned in the notice
of appeal or by posting it by registered post addressed to the
appellant at the said 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.
166 Laws of Malaysia Act 593

(5) I f t h e a p p e l l a n t w i t h i n t h e p e r i o d p r o v i d e d i n
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 left at his address for service 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.

(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.
 Criminal Procedure Code 167

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.

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.
168 Laws of Malaysia Act 593

(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 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.
 Criminal Procedure Code 169

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.

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.
170 Laws of Malaysia Act 593

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.

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:
 Criminal Procedure Code 171

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.

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.
172 Laws of Malaysia Act 593

(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,
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
*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.
 Criminal Procedure Code 173

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;

(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.
174 Laws of Malaysia Act 593

(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 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:
*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.
 Criminal Procedure Code 175

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 which he draws from it, and shall certify as to the
cause of death and shall date and sign the report and transmit it
to the Officer in charge of the Police District who shall attach
it to the report forwarded under subsection 329(5).

(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.
176 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 177

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 persons in particular at any stage of the inquiry from
the place in which the inquiry is being held.

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:
178 Laws of Malaysia Act 593

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 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.
 Criminal Procedure Code 179
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.

(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
180 Laws of Malaysia Act 593

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.

(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.

*NOTE—Mental Disorders Ordinance 1952 [Ord. 31/1952] has been repealed by Mental Health
Act 2001 [Act 615], w.e.f. 15 June 2010.
 Criminal Procedure Code 181

(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.

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:
*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].
182 Laws of Malaysia Act 593

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.

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:
 Criminal Procedure Code 183

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.

(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.
184 Laws of Malaysia Act 593

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.

(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
 Criminal Procedure Code 185

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.

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).

186 Laws of Malaysia Act 593
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:

(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.
 Criminal Procedure Code 187

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.

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.
188 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 189

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.

(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.
190 Laws of Malaysia Act 593

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;

(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.
 Criminal Procedure Code 191

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.

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.
192 Laws of Malaysia Act 593

(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:

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.

(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.
 Criminal Procedure Code 193

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.

(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.

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.
194 Laws of Malaysia Act 593

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 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.
 Criminal Procedure Code 195
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;

(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.
196 Laws of Malaysia Act 593

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.

(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.
 Criminal Procedure Code 197

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 analysed 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.

(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;

*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.
198 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 199

(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 of Singapore in which the punishment or any
part of it was inflicted, or by production of the warrant
of commitment under which the punishment was suffered,

together with, in each of those cases, evidence as to the identity

of the accused person with the person so convicted or acquitted.
200 Laws of Malaysia Act 593

(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 who is subsequently accused of the offence
if the deponent is dead or incapable of giving evidence or is
beyond the limits of Malaysia.
 Criminal Procedure Code 201

402. (Deleted by Act A908).

Alibi

402 a . (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

402 b . (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.

(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;
202 Laws of Malaysia Act 593

(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 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
*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.
 Criminal Procedure Code 203

(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 in any criminal proceedings may be admitted for
the purpose of those proceedings by or on behalf of the Public
Prosecutor or accused and the admission by any party of any such
fact under this section shall as against that party be conclusive
evidence in those proceedings of the fact admitted.

(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;

204 Laws of Malaysia Act 593

(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.

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
 Criminal Procedure Code 205

(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.

(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.
206 Laws of Malaysia Act 593
Chapter XLI

DISPOSAL OF EXHIBITS AND OF PROPERTY THE

SUBJECT OF OFFENCES

Court shall consider manner of disposal of exhibits

406 a . (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 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.
 Criminal Procedure Code 207

(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 the control of any party but also any property
into or for which the same may have been converted or exchanged,
and anything acquired by such conversion or exchange, whether
immediately or otherwise.

Disposal of seized articles

407 a . (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;

208 Laws of Malaysia Act 593

(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

(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
 Criminal Procedure Code 209

(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.

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.
210 Laws of Malaysia Act 593

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 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.
 Criminal Procedure Code 211

(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.

(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.
212 Laws of Malaysia Act 593

(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.

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.
 Criminal Procedure Code 213
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).

(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.
214 Laws of Malaysia Act 593

(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 with a copy of the grounds on which it is made, and no
order shall be made on the merits of the application unless at
least twenty-four hours have elapsed between the giving of the
notice and the hearing of the application.
 Criminal Procedure Code 215

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.

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.
216 Laws of Malaysia Act 593

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.

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.

*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].
 Criminal Procedure Code 217

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;

(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.
218 Laws of Malaysia Act 593

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:

(a) death;

(b) imprisonment for life; and

(c) imprisonment for natural life.

(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.
 Criminal Procedure Code 219

(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—

(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
220 Laws of Malaysia Act 593

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;

(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
 Criminal Procedure Code 221

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.

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.
222 Laws of Malaysia Act 593

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;

(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:
 Criminal Procedure Code 223

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

(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.
224 Laws of Malaysia Act 593

(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 the nearest police station, shall immediately
report the seizure to that officer.

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.
 Criminal Procedure Code 225

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).

(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.

ILLUSTRATION

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.
226 Laws of Malaysia Act 593

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.

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.
 *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
Criminal Procedure Code

if the act abetted is warrant if arrest warrant or the offence the offence as for the offence
committed in consequence, for the offence summons may abetted is abetted is abetted
and where no express abetted may be issue for the bailable or compoundable
provision is made for made without offence abetted not or not
its punishment warrant, but not
otherwise

110 Abetment of any offence, do. do. do. do. do.

if the person abetted does
the act with a different
intention from that of
the abettor
227

*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].
 1 2 3 4 5 6 7
228

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, May arrest without According as a According as According as The same punishment
when one act is abetted and a warrant if arrest warrant or the offence the offence as for the offence
different act is done; for the offence summons may abetted is abetted is abetted
subject to the proviso abetted may be issue for the bailable or not compoundable
made without offence abetted or not
warrant, but not
otherwise

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.

Laws of Malaysia

abettor is present when

offence is committed

115 Abetment of an offence do. do. Not bailable do. Imprisonment for seven
punishable with death or years, and fine
imprisonment for life, if the
offence is not committed in
consequence of the abetment

115 If an act which causes harm do. do. do. do. Imprisonment for
be done in consequence of fourteen years, and fine
the abetment
Act 593
116 Abetment of an offence, do. do. According as do. Imprisonment extending
punishable with imprisonment, the offence to a quarter part of the
if the offence is not committed abetted is longest term provided
in consequence of the abetment bailable or not for the offence, or fine,
or both

116 If the abettor or the person do. do. do. do. Imprisonment extending
abetted is a public servant to half of the longest
whose duty it is to prevent term provided for the
the offence offence, or fine, or both

117 Abetting the commission of an do. do. do. do. Imprisonment for three
offence by the public, or by years, or fine, or both
more 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 warrant or the offence seven years, and fine
death or imprisonment for life, the offence abetted summons may abetted is
if the offence is committed may be made without issue for the compoundable
warrant, but not offence abetted or not
otherwise

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
Criminal Procedure Code

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 years
for life

119 If the offence is not committed do. do. According as the do. Imprisonment extending
offence abetted to a quarter part of the
is bailable or not longest term provided for
the offence, or fine, or
229

both
 1 2 3 4 5 6 7
230

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.)

120 Concealing a design to commit May arrest without According as a According as According as Imprisonment extending
an offence punishable with warrant if arrest warrant or the offence the offence to a quarter part of the
imprisonment, if the offence is for the offence summons may abetted is abetted is longest term provided for
committed abetted may be issue for the bailable or not compoundable the offence, or fine, or
made without offence abetted or not both
warrant, but not
otherwise

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
Laws of Malaysia

both
Chapter Va —CRIMINAL CONSPIRACY

120b Criminal conspiracy to commit Shall not arrest Warrant Not bailable Not Imprisonment for two
offence punishable with death without 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
Act 593
 Chapter VI—OFFENCES AGAINST THE STATE

121 Waging or attempting to wage May arrest without Warrant Not bailable Not Death; or imprisonment
war, or abetting the waging of warrant compoundable for life, and fine
war, against the Yang
di-Pertuan Agong or the Ruler
or Yang di-Pertua Negeri

121a Offences against the person of do. do. do. do. Death, and fine
the Yang di-Pertuan Agong or a
Ruler or Yang di-Pertua Negeri

121b Offences against the authority do. do. do. do. Imprisonment
of the Yang di-Pertuan Agong for life, and fine
or a Ruler or Yang di-Pertua
Negeri

121c Abetting offences under section do. do. do. do. Punishment provided
121a or 121b for offences under
section 121a or 121b

121d Intentional omission to give do. do. do. do. Imprisonment for seven
information of offences against years, or fine, or both
section 121, 121a, 121b or 121c
by a person bound to inform
Criminal Procedure Code

122 Collecting arms, etc., with the do. do. do. do. Imprisonment for life,
intention of waging war against or imprisonment for
the Yang di-Pertuan Agong or a twenty years, and fine
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 do. do. do. do. Imprisonment for seven
Parliament, etc., with intent to years, and fine
compel or restraint the exercise
231

of any lawful power

 1 2 3 4 5 6 7
232

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.)

124b Activity detrimental to May arrest without Warrant Not bailable Not Imprisonment which may
parliamentary democracy warrant compoundable extend to twenty years

124c Attempt to commit activity do. do. do. do. Imprisonment which may
detrimental to parliamentary extend to fifteen years
democracy

124d Printing, sale, etc., of documents do. do. do. do. Imprisonment which may
and publication detrimental to extend to fifteen years
parliamentary democracy

124e Possession of documents and do. do. do. do. Imprisonment which may
publication detrimental to extend to ten years
parliamentary democracy
Laws of Malaysia

124f Importation of document and do. do. do. do Imprisonment which may
publication detrimental to 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

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 may
Act 593

publication detrimental to extend to ten years

parliamentary democracy
124k Sabotage do. do. do. do. Imprisonment for life

124l Attempt to commit sabotage do. do. do. do. Imprisonment which may
extend to fifteen years

124m Espionage do. do. do. do. Imprisonment for life

124n Attempt to commit espionage do. do. do. do Imprisonment which may
extend to fifteen years

125 Waging war against any power do. do. do. do. Imprisonment for life,
in alliance or at peace with the and fine; or imprisonment
Yang di-Pertuan Agong or for twenty years and fine;
abetting the waging of the such or fine
war

125a Harbouring or attempting to do. do. do. do. Imprisonment for life,
harbour any person in Malaysia and fine; or imprisonment
or person residing in a foreign for twenty years and fine;
State at war or in hostility or fine
against the Yang di-Pertuan Agong

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
Criminal Procedure Code

127 Receiving property taken by do. do. do. do. Imprisonment for seven
war or depredation mentioned years, and fine, and
in sections 125 and 126 forfeiture of certain
property

128 Public servant voluntarily do. do. do. do. Imprisonment for life,
allowing prisoner of State or or imprisonment for
War in his custody to escape twenty years, and fine

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
233
 1 2 3 4 5 6 7
234

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.)

130 Aiding escape of, rescuing or May arrest without Warrant Not bailable Not Imprisonment for
harbouring such prisoner, or warrant compoundable life, or imprisonment
offering any resistance to the for twenty years, and
recapture of such prisoner fine

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
terrorist acts warrant compoundable for not less than seven
Laws of Malaysia

years but not exceeding

thirty years, and fine

130d Providing devices to terrorist do. do. do. do. Imprisonment for
groups life, or imprisonment
for thirty years, and fine

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
Act 593

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 do. do. do. do. Imprisonment for thirty
of terrorist acts years, and fine

130i Directing activities of terrorist do. do. do. do. Death; or imprisonment
groups for not less than seven
years but not exceeding
thirty years, and fine

130j Soliciting or giving support do. do. do. do. Imprisonment for
to terrorist groups or the life, or imprisonment
commission of terrorist acts for thirty years, or
fine, and forfeiture of
certain property

130ja Travelling to, through or from do. do. do. do. Imprisonment for thirty
Criminal Procedure Code

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, and 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, and fine, and
acts forfeiture of conveyance
235
 1 2 3 4 5 6 7
236

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.)

130jd Preparation of terrorist acts May arrest without Warrant Not bailable Not Imprisonment for seven
warrant compoundable years, and fine

130k Harbouring persons committing do. do. do. do. Imprisonment for life,
terrorist acts and fine; or imprisonment
for twenty years, or fine

130ka Member of a terrorist group do. do. do. do. Imprisonment which may
extend to imprisonment
for life, and fine
Laws of Malaysia

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
property for terrorist acts warrant compoundable for not less than seven
years but not exceeding
thirty years, and fine,
and forfeiture of certain
property
Act 593
130o Providing services for do. do. do. do. Death; or imprisonment
terrorist purposes 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 do. do. do. do. If the act results in death,
or enable terrorist acts with death, in any other
case, imprisonment for not
less than seven years but
not exceeding thirty years,
and fine

130r Intentional omission to do. do. do. do. Imprisonment for

Criminal Procedure Code

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
to terrorism financing offence both
237
 1 2 3 4 5 6 7
238

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 VIb—ORGANIZED CRIME

130v Member of an organized May arrest without Warrant Not bailable Not Imprisonment for not less
criminal group warrant compoundable than five years and not
more than twenty years

130w Assisting in an organized do. do. do. do. Imprisonment which may
criminal group extend to ten years

130x Harbouring a member of do. do. do. do. Imprisonment which may
an organized criminal extend to five years, and fine
group

130y Consorting with an organized do. do. do. do Imprisonment for not less
criminal group than five years and not more
than twenty years
Laws of Malaysia

130z Recruiting persons to be members do. do. do. do. Imprisonment which may
of an organized criminal group extend to ten years, and fine

130za Participation in an organized do. do. do. do. Imprisonment which may
criminal group extend to ten years, and fine

130zb Accepting gratification to do. do. do. do. If the act results in death,
facilitate or enable organized with death, in any other
criminal activity case, with imprisonment not
less than seven years but
not exceeding thirty years,
and fine
Act 593
 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

132 Abetment of mutiny, if mutiny do. do. do. do. Death; or imprisonment
is committed in consequence for twenty years, and fine
thereof

133 Abetment of an assault by an do. do. do. do. Imprisonment for three
officer, soldier or sailor on his 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 Summons Bailable Not Fine of one thousand
Criminal Procedure Code

merchant vessel, through without 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, months, or fine of one
with intent that it may be thousand ringgit, or both
239

believed that he is such a

soldier
 1 2 3 4 5 6 7
240

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

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
Laws of Malaysia

at riot five years, or, fine, or both

149 Offence committed by member According as arrest According as a According as Not The same as for the
of an unlawful assembly, other may be made without warrant or the offence is compoundable offence
members guilty warrant for the summons may bailable or not
offence 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
Act 593

or employed assembly
151 Knowingly joining or do. Warrant Not bailable do. Imprisonment for six
continuing in any assembly 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.

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 Summons Bailable do. Fine of two thousand
giving information of riot, etc. without 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
Criminal Procedure Code

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
241
 1 2 3 4 5 6 7
242

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.)

158 Or to go armed May arrest without Warrant Bailable Not Imprisonment for two
Warrant compoundable years, or fine, or both

160 Committing affray Shall not arrest Summons do. do. Imprisonment for six
without warrant months or fine of one
thousand ringgit, or both

Chapter IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS

161 Being or expecting to be a Shall not arrest Summons Bailable Not Imprisonment for
public servant, and taking a without warrant compoundable three years, or fine,
gratification other than legal or both
remuneration in respect of an
Laws of Malaysia

official act

162 Taking a gratification in order do. do. do. do. Imprisonment for three
by corrupt or illegal means to years, or fine, or both
influence a public servant

163 Taking a gratification for the 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
Act 593

reference to himself
165 Public servant obtaining any do. do. do. do. Imprisonment for two
valuable thing, without 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 both
to cause injury

168 Public servant unlawfully do. do. do. do. Imprisonment for one
engaging in trade year, or fine, or both

169 Public servant unlawfully do. do. do. do. Imprisonment for two years,
buying or bidding for property 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
Criminal Procedure Code

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 Summons Bailable Not Imprisonment for one
summons or other proceeding without warrant compoundable month, or fine of one
from a public servant thousand ringgit, or both
243
 1 2 3 4 5 6 7
244

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.)

172 If summons or notice require Shall not arrest Summons Bailable Not Imprisonment for six
attendance in person, etc., without warrant compoundable 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
when it has been affixed, or both
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 thousand ringgit, or
both
Laws of Malaysia

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
from it without authority both

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
Act 593

such document
175 If the document is required do. do. do. do. Imprisonment for six
to be produced in or 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 months, or fine of two
commission of an offence, thousand ringgit, or both
etc.

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
Criminal Procedure Code

an offence, etc.

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
245
 1 2 3 4 5 6 7
246

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.)

180 Refusing to sign a statement Shall not arrest Summons Bailable Not Imprisonment for
made to a public servant without warrant compoundable three months, or fine
when 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
Laws of Malaysia

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 month, or fine of one
a public servant thousand ringgit, or
both

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
Act 593

the obligations incurred by it

186 Obstructing public servant in May arrest without Warrant Not bailable do. Imprisonment for
discharge of his public warrant 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 without warrant month, or fine of four
to 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
Criminal Procedure Code

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

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
247
 1 2 3 4 5 6 7
248

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 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
Laws of Malaysia

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 do. do. According as do. The same as for
evidence known to be false or the offence of giving or fabricating
fabricated giving such false evidence
evidence is
bailable or not
Act 593
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
Criminal Procedure Code

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
249
 1 2 3 4 5 6 7
250

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 XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE—(cont.)

203 Giving false information Shall not arrest Warrant Bailable Not Imprisonment for two
respecting an offence without warrant compoundable years, or fine, or both
committed

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
Laws of Malaysia

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 do. do. do. do. Imprisonment for two
concealment, etc., of property 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
Act 593
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

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
Criminal Procedure Code

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
251
 1 2 3 4 5 6 7
252

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 XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE—(cont.)

212 If punishable with imprisonment May arrest without Warrant Bailable Not Imprisonment for a
for one year and not for ten warrant compoundable quarter of the longest
years term provided for the
offence, or fine, or both

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 do. do. do. do. Imprisonment for

imprisonment for life, or with three years, and fine
imprisonment for ten years

213 If with imprisonment for do. do. do. do. Imprisonment for
Laws of Malaysia

less than ten years a 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 do. do. do. do. Imprisonment for
for life, or with imprisonment three years, and fine
Act 593

for ten years

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

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 without fine

216 If punishable with imprisonment do. do. do. do. Imprisonment for
for one year, and not for ten a quarter of the
years longest term provided
for the offence,
or fine, or both
Criminal Procedure Code

216a Harbouring robbers or do. do. do. do. Imprisonment for

gang-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
253

forfeiture
 1 2 3 4 5 6 7
254

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 XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE—(cont.)

219 Public servant in a judicial Shall not arrest Warrant Bailable Not Imprisonment for
proceeding corruptly making or without warrant compoundable 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

221 Intentional omission to do. do. do. do. Imprisonment for

apprehend on the part of a seven years, with or
Laws of Malaysia

public servant bound by law to without fine

apprehend an offender, if the
offence is capital

221 If punishable with imprisonment do. do. do. do. Imprisonment for
for life, or imprisonment for three years, with or
ten years without fine

221 If with imprisonment for less do. do. do. do. Imprisonment for
than ten years two years, with or
without fine
Act 593
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

224 Resistance or obstruction by a May arrest without Warrant do. do. do.
person to his lawful warrant
apprehension

225 Resistance or obstruction to the do. do. Not bailable do. do.
lawful apprehension of another
person, or rescuing him from
Criminal Procedure Code

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
255
 1 2 3 4 5 6 7
256

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 XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE—(cont.)

225 If under sentence of death May arrest without Warrant Not bailable Not Imprisonment for
warrant compoundable twenty years, and fine

225a 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

225a Negligent omission to do same do. do. do. do. Imprisonment for
two years, or fine, or
both
Laws of Malaysia

225a 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 do. do. do. do. Imprisonment for twelve
omission months, or fine of two
thousand ringgit, or both

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,
Act 593

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 without Warrant Not bailable Not Imprisonment for
any part of the process of 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
Criminal Procedure Code

material for the purpose of years, and fine

using the same for
counterfeiting coin

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)
257
 1 2 3 4 5 6 7
258

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.)

238 Import or export of counterfeits May arrest without Warrant Not bailable Not Imprisonment for
of current coin, knowing the warrant compoundable 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
Laws of Malaysia

know to be counterfeit

242 (Deleted)

243 Possession of current coin by a do. do. do. do. Imprisonment for
person who knew it to be 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
Act 593
 248 (Deleted)

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 ten
genuine which, when first years, and fine
possessed, the deliverer did
not know to be altered

255 Counterfeiting a Government do. do. Bailable do. Imprisonment for

Criminal Procedure Code

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
259
 1 2 3 4 5 6 7
260

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.)

258 Sale of counterfeit Government May arrest without Warrant Bailable Not Imprisonment for
stamp warrant compoundable seven years, and fine

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 do. do. do. do. Imprisonment for
substance bearing a Government three years, or fine, or
Laws of Malaysia

stamp, or removing from a both

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
stamp has been used three years, or fine, or
both
Act 593
 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

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, DECENCY

AND MORALS

269 Negligently doing any act May arrest without Summons Bailable Not Imprisonment for six
known to be likely to spread 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
Criminal Procedure Code

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
make the same noxious two thousand ringgit,
or both
261
 1 2 3 4 5 6 7
262

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.)

273 Selling any food or drink as Shall not arrest Summons Bailable Not Imprisonment for six
food and drink knowing the without warrant compoundable months, or fine of two
same to be noxious thousand ringgit, or both

274 Adulterating any drug or do. do. do. do. do.

medical preparation intended
for sale so as to lessen its
efficacy, or to change its
operation, or to make it
noxious

275 Offering for sale, or issuing do. do. do. do. do.
from a dispensary any drug or
Laws of Malaysia

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 without do. do. do. Imprisonment for
spring or reservoir warrant three months, or fine
of one thousand
ringgit, or both
Act 593
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 without do. do. do. Imprisonment for six
way so rashly or negligently 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

283 Causing danger, obstruction or do. do. do. do. Fine of four hundred
injury in any public way or ringgit
line of navigation

284 Dealing with any poisonous Shall not arrest do. do. do. Imprisonment for six
Criminal Procedure Code

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 without do. do. do. do.
combustible matter so as to warrant
endanger human life, etc.

286 So dealing with any explosive May arrest without Summons Bailable do. do.
substance warrant
263
 1 2 3 4 5 6 7
264

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.)

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. do.

against probable danger to
human life by the fall of any
building over which he has a
right entitling him to put it
down or repair it

289 A person omitting to take order May arrest without do. do. do. do.
Laws of Malaysia

with any animal in his warrant

possession so as to guard
against danger to human life
or of grievous hurt from
such animal

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 without do. do. do. Imprisonment for six
injunction to discontinue warrant months, or fine, or both
Act 593
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 without Summons Bailable Compoundable Imprisonment for two
defiling a place of worship or 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
Criminal Procedure Code

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
265
 1 2 3 4 5 6 7
266

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 XV—OFFENCES RELATING TO RELIGION—(cont.)

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 without Warrant Not bailable Not Imprisonment for five
disunity, or feelings of warrant compoundable years
enmity, hatred or ill will or
prejudicing, etc., the
maintenance of harmony or
unity, on grounds of religion
Laws of Malaysia

Chapter XVI—OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

302 Murder May arrest without Warrant Not bailable Not Death
warrant compoundable

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.
Act 593
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.

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 Attempt by life convict to do. do. do. do. Death

murder, if hurt is caused

308 Attempt to commit culpable do. do. Bailable do. Imprisonment for three
Criminal Procedure Code

homicide years, or fine, or both

308 If such act cause hurt to any do. do. do. Imprisonment for seven
person 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
267
 1 2 3 4 5 6 7
268

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

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

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
Laws of Malaysia

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
Act 593

homicide
317 Exposure of a child under May arrest without do. Bailable do. Imprisonment for
twelve years of age by parent 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

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
Criminal Procedure Code

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
269
 1 2 3 4 5 6 7
270

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

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 do. do. do. do. Imprisonment for ten
drug with intent to cause hurt, years, and fine
etc.
Laws of Malaysia

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

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.
Act 593
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
Criminal Procedure Code

personal safety of others of five hundred

ringgit, or both

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
271
 1 2 3 4 5 6 7
272

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

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
Laws of Malaysia

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
Act 593
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.

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
Criminal Procedure Code

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 do. do. do. do. Imprisonment for ten
force to a woman with intent years, or fine, or
to outrage her modesty whipping, or any two
of such punishments
273
 1 2 3 4 5 6 7
274

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

Criminal Force and Assault—(cont.)

355 Assault or criminal force Shall not arrest Summons Bailable Compoundable Imprisonment for two
with intent to dishonour a without warrant years, or fine, or both
person, otherwise than on
grave and sudden
provocation

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
Laws of Malaysia

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
Act 593
 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. Death, or

order to murder imprisonment for
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 marriage years, and fine
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.

368 Concealing or keeping in do. do. do. do. Punishment for

confinement a kidnapped kidnapping or
person abduction
Criminal Procedure Code

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 without do. Not bailable do. Imprisonment for twenty
warrant years, and fine
275
 1 2 3 4 5 6 7
276

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

Kidnapping, Abduction, Slavery and Forced Labour—(cont.)

372 Exploiting any person for May arrest without Warrant Not bailable Not Imprisonment for fifteen
purposes of prostitution warrant compoundable 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
Laws of Malaysia

373a (Deleted)

374 Unlawful compulsory labour do. do. Bailable Compoundable Imprisonment for one
year, or fine, or both

Hostage-Taking

374a Hostage-taking May arrest without Warrant Not bailable Not Death; or imprisonment
warrant compoundable for not less than seven
years but not exceeding
thirty years, and fine
Act 593
 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

376(4) Causing death while do. do. do. do. Death or imprisonment
Criminal Procedure Code

committing or for not less than fifteen

attempting to commit years and not more than
rape thirty years and whipping
not less than ten strokes

376b Incest do. do. do. do. Imprisonment for

not less than ten
years and not more
than thirty years,
and whipping
277
 1 2 3 4 5 6 7
278

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 XVI—OFFENCES AFFECTING THE HUMAN BODY—(cont.)

Rape, Incest and Unnatural Offences—(cont.)

377 Buggery with an animal May arrest without Warrant Not bailable Not Imprisonment for
warrant compoundable twenty years, and
fine, or whipping

377b Carnal intercourse against do. do. do. do. Imprisonment for
the order of nature twenty years, and
whipping

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
Laws of Malaysia

twenty years, and

whipping

377ca Sexual connection by object do. do. do. do. Imprisonment for not
less than five years and
not more than thirty years,
and whipping

377d Outrage on decency do. do. do. do. Imprisonment for two
years

377e Inciting a child to an act do. do. do. do. Imprisonment for not
of gross indecency less than three years and
not more than fifteen
Act 593

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
Criminal Procedure Code

382 Theft, preparation having do. do. do. do. Imprisonment for ten
been made for causing death 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
279
 1 2 3 4 5 6 7
280

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

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
Laws of Malaysia

hurt fine, or whipping

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 yeras
accusation of an offence and fine or whipping; if
punishable with death, the offence threatened
imprisonment for life, or be an unnatural offence
imprisonment for ten years imprisonment for twenty
years
Act 593
389
Putting a person in fear of do. do. do. do. Imprisonment for ten years,
accusation of offence and fine or whipping; if
punishable with death, the offence threatened
imprisonment for life, or be an unnatural offence,
with imprisonment for ten imprisonment for twenty
years, in order to commit years
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, amd
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
Criminal Procedure Code

jointly concerned in the

robbery

395 Gang-robbery do. do. do. do. Imprisonment for

twenty years, and
whipping

396 Gang-robbery with murder do. do. do. do. Death, imprisonment
for thirty years, and
whipping
281
 1 2 3 4 5 6 7
282

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

Robbery and Gang-Robbery—(cont.)

397 Robbery when armed or with May arrest without Warrant Not bailable Not Whipping in addition
attempt to cause death or warrant compoundable 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

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
Laws of Malaysia

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

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
Act 593
 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

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,
Criminal Procedure Code

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 do. do. do. do. Imprisonment for not
clerk or servant less than one year, and
not more than fourteen
years, and whipping,
283

and fine
 1 2 3 4 5 6 7
284

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

Criminal Breach of Trust—(cont.)

409 Criminal breach of trust by May arrest without Warrant Not bailable Not Imprisonment for not
public servant, or by banker, warrant compoundable 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
Laws of Malaysia

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 may
criminal activities of organized extend to six years
criminal group
Act 593
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 Warrant Bailable Not Imprisonment for five
without warrant compoundable years, or fine, or both

418 Cheating a person whose do. do. do. do. Imprisonment for seven
interest the offender was years, or fine, or both
bound either by law or by
Criminal Procedure Code

legal contract to protect

419 Cheating by personation May arrest without do. do. do. do.
warrant

420 Cheating and thereby do. do. do. do. Imprisonment for not
dishonestly inducing delivery 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
285
 1 2 3 4 5 6 7
286

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

Fraudulent Deeds and Dispositions of Property

421 Fraudulent removal or Shall not arrest Warrant Bailable Not Imprisonment for five
concealment of property, without 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.

Laws of Malaysia

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
Act 593
 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 do. do. do. do. Imprisonment for not less
to the amount of twenty-five than one year and not
ringgit or upwards more than five years,
or fine, or both

428 Mischief by killing, poisoning, do. do. Bailable Not Imprisonment which may
maiming, or rendering useless compoundable extend to three years,
any animal of the value of or with fine, or both
five ringgit or upwards

429 (Deleted)

430 Mischief by causing do. do. Not bailable do. Imprisonment for not less
diminution of supply of than five years and not
water for agricultural more than thirty years
purposes, etc.
Criminal Procedure Code

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 do. do. do. do. Imprisonment for five
road, bridge, navigable river years, or fine, or both
or channel and rendering it
impossible or less safe for
travelling or conveying
property
287
 1 2 3 4 5 6 7
288

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

Mischief—(cont.)

431a Mischief by injury to May arrest without Warrant Bailable Not Imprisonment for two
telegraph cable, wire, etc. warrant compoundable 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 lighthouse or or both
Laws of Malaysia

seamark, or by exhibiting
false lights

434 Mischief by destroying or Shall not arrest do. do. do. Imprisonment for one
moving, etc., a landmark without warrant year, or fine, or both
fixed by public authority

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
Act 593
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

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 five
preparation made for causing years, and fine
death or hurt, etc.

Criminal Trespass

447 Criminal trespass May arrest without Summons Bailable Compoundable Imprisonment for
warrant six months, or fine
Criminal Procedure Code

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

449 House-trespass in order to do. do. Not bailable Not Imprisonment for
the commission of an compoundable twenty years, and fine
offence punishable with
289

death
 1 2 3 4 5 6 7
290

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 XVII—OFFENCES AGAINST PROPERTY—(cont.)

Criminal Trespass—(cont.)

450 House-trespass in order to May arrest without Warrant Not bailable Not Imprisonment for not
the commission of an warrant compoundable exceeding ten years,
offence punishable with and fine
imprisonment for life

451 House-trespass in order to the do. do. Bailable do. Imprisonment for two
commission of an offence years, and fine
punishable with imprisonment

451 If the offence is theft do. do. Not bailable do. Imprisonment for
seven years, and fine
Laws of Malaysia

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)
Act 593
455 Lurking house-trespass or do. do. do. do. Imprisonment for
housebreaking after fourteen years, and fine,
preparation made for or whipping
causing hurt, assault, etc.

456 (Deleted)

457 Lurking house-trespass or do. do. do. do. Imprisonment for five
housebreaking in order to 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

457 For every second or do. do. do. do. Imprisonment as above,
subsequent offence and fine, or whipping

458 (Deleted)

459 Grievous hurt caused while do. do. do. do. Imprisonment for twenty
committing lurking house- years, and fine, or
trespass or housebreaking whipping

460 Death or grievous hurt do. do. do. do. Imprisonment for thirty
caused by one of several years, and fine
Criminal Procedure Code

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 three
closed receptacle containing years, or fine, or both
or supposed to contain any
property, and fraudulently
291

opening the same

 1 2 3 4 5 6 7
292

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 seven
Court or of a Register of years, and fine
Births, etc., kept by a public
servant

467 Forgery of a valuable do. do. do. do. Imprisonment for twenty
security, will, or authority to years, and fine
make or transfer any
valuable security, or to
receive any money, etc.
Laws of Malaysia

468 Forgery for the purpose of do. do. do. do. Imprisonment for seven
cheating years, and fine

469 Forgery for the purpose of do. do. Bailable do. Imprisonment for three
harming the reputation of 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 forgery
document which is known
to be forged
Act 593
472 Marking or counterfeiting a do. do. Not bailable do. Imprisonment for twenty
seal, plate, etc., with intent 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

473 Marking or counterfeiting a do. do. do. do. Imprisonment for seven
seal, plate, etc., with intent 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
Criminal Procedure Code

474 If the document is one of the do. do. do. do. Imprisonment for twenty
description mentioned in years, and fine
section 467 of the Penal
Code

475 Counterfeiting a device or do. do. do. do. Imprisonment for twenty
mark used for authenticating years, and fine
documents described in
section 467 of the Penal
Code, or possessing
counterfeit marked material
293
 1 2 3 4 5 6 7
294

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—(cont.)

476 Counterfeiting a device or Shall not arrest Warrant Not bailable Not Imprisonment for seven
mark used for authenticating without warrant compoundable 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 twenty
defacing, or attempting to years and fine
destroy or deface, or
secreting a will, etc.
Laws of Malaysia

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 twenty
currency notes or bank notes warrant years, and fine

489b Using as genuine forged or do. do. do. do. Imprisonment for twenty
counterfeit currency notes 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
Act 593
489d Making or possessing do. do. do. do. Imprisonment for twenty
instruments or materials for years, and fine
forging or counterfeiting
currency notes or bank notes

Chapter XIX—CRIMINAL BREACH OF CONTRACTS OF SERVICE

491 Being bound to attend on or Shall not arrest Summons Bailable Compoundable Imprisonment for three
supply the wants of a without warrant months, or fine of four
person who is helpless hundred ringgit, or both
from youth, unsoundness of
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
Criminal Procedure Code

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
295

lawfully married
 1 2 3 4 5 6 7
296

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 XX—OFFENCES RELATING TO MARRIAGE—(cont.)

498 Enticing or taking away or Shall not arrest Warrant Bailable Compoundable Imprisonment for two
detaining with a criminal without warrant years, or fine, or both
intent a married woman

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
Laws of Malaysia

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 two
breach of the peace without warrant years, or fine, or both
Act 593
505 False statement, rumour, do. do. Not bailable Not do.
etc., circulated with intent to compoundable
cause mutiny or offence
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 seven
grievous hurt, etc. 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

508 Act caused by inducing a Shall not arrest do. do. do. Imprisonment for one
person to believe that he without warrant year, or fine, or both
will be rendered an object of
Divine displeasure

509 Uttering any word or making do. do. do. do. Imprisonment for
any gesture intended to insult five years, or fine, or
Criminal Procedure Code

the modesty of a person, etc. both

510 Appearing in a public place do. do. do. do. Imprisonment for ten
etc., in a state of intoxication, days, or fine of
and causing annoyance to twenty ringgit, or
any person both
297
 1 2 3 4 5 6 7
298

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
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 offence
ordinarily issue

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
Laws of Malaysia

If punishable with do. do. do. do.

imprisonment for three
years and upwards, but less
than seven years

If punishable with Shall not arrest Summons Bailable do.

imprisonment for less than without warrant
three years

If punishable with fine only do. do. do. do.

Act 593
 Criminal Procedure Code 299
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
300 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
above named 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 301
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
302 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 303
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 trade marks, 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 trade marks,
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
304 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 behaviour 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 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 305
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
306 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
 Criminal Procedure Code 307
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

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
308 Laws of Malaysia Act 593
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

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
 Criminal Procedure Code 309
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,
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
310 Laws of Malaysia Act 593
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).

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
 Criminal Procedure Code 311
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 . 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]:
312 Laws of Malaysia Act 593
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 L and or W ater

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
 Criminal Procedure Code 313
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 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
314 Laws of Malaysia Act 593
Form 27 [Sections 152 and 154]

Charges
(1)—Charges with One Head

Penal Code:

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.
 Criminal Procedure Code 315
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.

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.
316 Laws of Malaysia Act 593
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 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.
 Criminal Procedure Code 317
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:

(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 ……………………………………..

……………………………………..
……………………………………..
318 Laws of Malaysia Act 593
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

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 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
 Criminal Procedure Code 319
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

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
320 Laws of Malaysia Act 593
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

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
 Criminal Procedure Code 321
Form of Endorsement

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 behaviour 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:

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
322 Laws of Malaysia Act 593
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 wilful 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 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
 Criminal Procedure Code 323
Form 39

Bond and Bail Bond on a P reliminary Inquiry

before a Magistrate

(Deleted by Act A908).

Form 40 [Section 391]

Warrant To 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

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 realise 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

324 Laws of Malaysia Act 593
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

Form 43 [Section 404]

Notice To Surety Of Forfeiture Of Bond

For Good Behaviour

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

 Criminal Procedure Code 325
Form 44 [Section 404]

Warrant Of Attachement 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 realise 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

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
326 Laws of Malaysia Act 593
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

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 realise 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
 Criminal Procedure Code 327
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

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 realise 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
328 Laws of Malaysia Act 593
Form 50 [Section 404]

Warrant of Imprisonment on Forfeiture of Bond

for G ood B ehaviour

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

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

*NOTE—If the appeal is brought by the Public Prosecutor omit the words “Your petitioner” in
paragraph 1.
 Criminal Procedure Code 329
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

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

330 Laws of Malaysia Act 593
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

Third Schedule

[Section 352a]

MODIFICATION OF CHAPTER XXXIII FOR

SABAH AND SARAWAK

(Deleted by Act A1132).

 Criminal Procedure Code 331
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 the this Schedule, “person arrested” means a person
who is arrested or a person who is in lawful custody after his arrest.

Part II

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;

(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.
332 Laws of Malaysia Act 593
(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.

Part III

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.
 Criminal Procedure Code 333
(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 of 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 officers;

(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;

(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;
334 Laws of Malaysia Act 593
(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.

Part IV

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.
 Criminal Procedure Code 335
(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;
336 Laws of Malaysia Act 593
(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;

(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;
 Criminal Procedure Code 337
(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;

(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.

Part V

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

338 Laws of Malaysia Act 593
(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.

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.
 Criminal Procedure Code 339
Part VI

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.

(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.
340 Laws of Malaysia Act 593

LAWS OF MALAYSIA

Act 593

CRIMINAL PROCEDURE CODE

LIST OF AMENDMENTS

Amending law Short title In force from

En. No. 19/1936 Criminal Procedure Code 29-07-1936

(Amendment) Enactment 1936

En. No. 18/1937 Statute Law Revision (Chief 23-07-1937

Secretary’s Powers) Enacment
1937

En. No. 3/1938 Statute Law Revision (General 06-04-1938

Amendments) Enactment 1938

En. No. 29/1938 Criminal Procedure Code 21-12-1938

(Amendment) Enactment 1938

En. No. 2/1941 Criminal Procedure Code 26-02-1941

(Amendment) Enactment 1941

M.U. Ord. 13/1947 Criminal Procedure (Amendment) 10-03-1947

Ordinance 1947

M.U. Ord. 1/1948 Criminal Procedure (Amendment) 31-01-1948

Ordinance 1948

F.M. Ord. 1/1948 Transfer of Powers Ordinance 06-03-1948

1948

F.M. Ord. 43/1948 Courts Ordinance 1948 01-01-1949

F.M. Ord. 36/1950 Married Women and Children 04-07-1950

(Maintenance) Ordinance 1950

F.M. Ord. 1/1952 Criminal Procedure Codes 24-03-1952

(Amendment) Ordinance 1952

F.M. Ord. 14/1952 Police Ordinance 1952 15-11-1952

F.M. Ord. 79/1952 Criminal Procedure Codes 30-12-1952

(Amendment No. 2) Ordinance
1952
 Criminal Procedure Code 341
Amending law Short title In force from

L.N. 239/1953 Rule Committee Ordinance 1948 Selangor

(except Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder 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

F.M. Ord. 8/1954 Criminal Procedure Codes 25-02-1954

(Amendment) Ordinance 1954

F.M. Ord. 21/1955 Criminal Procedure Codes 15-06-1955

(Amendment) Ordinance 1955

L.N. 161/1957 Federation of Malaya Agreement Johore:

(Transfer of Powers of British 01-02-1957;
Advisers) Order 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

L.N. (N.S.) 1/1957 Federal Constitution (Modification 31-08-1957

of Laws) Order 1957

L.N. (N.S.) 56/1957 Federal Constitution (Modification 31-08-1957

of Laws) Order 1957

L.N. (N.S.) 73/1957 Federal Constitution (Modification 14-11-1957

of Laws) (No. 2) Order 1957

F.M. Ord. 69/1957 Criminal Procedure Code 01-01-1958

(Amendment) Ordinance 1957
342 Laws of Malaysia Act 593
Amending law Short title In force from

F.M. Ord. 73/1958 Criminal Procedure Code 27-12-1958

(Amendment) Ordinance 1958

Act 5/1963 Kidnapping Act 1963 21-01-1963

Act 9/1963 Criminal Procedure Code 21-01-1963

(Amendment) Act 1963

Act 6/1965 Warrants and Summonses (Special 21-01-1965

Provisions) Act 1965

L.N. 228/1965 Modification of Laws (Criminal 16-09-1963

Procedure) (Powers of Arrest)
(Malaysia) Order 1965

Act No. 25/1967 Criminal Procedure Code 01-06-1967

(Amendment) Act 1967

Act No. 38/1967 Criminal Procedure Code 29-08-1967

(Amendment) (No. 2) Act 1967

Act A6 Criminal Procedure Code 01-03-1969

(Amendment) Act 1969

P.U. (A) 521/1969 Emergency (Essential Powers) 18-12-1969

Ordinance No. 14 of 1969

Act A233 Criminal Procedure Codes 01-11-1973

(Amendment) Act 1974

Act A324 Criminal Procedure Code 10-01-1976

(Amendment and Extension) Act
1976

P.U. (A) 97/1976 Modification of Laws (Criminal 10-01-1976

Procedure) (Sabah and Sarawak)
Order 1976

Act A365 Criminal Procedure Code 29-10-1976

(Amendment) Act 1976

Act A549 Penal Code and Criminal Procedure 20-02-1983

Code (Amendment) Act 1983

Act A614 Penal Code (Amendment) Act 1985 31-05-1985

 Criminal Procedure Code 343
Amending law Short title In force from

Act A728 Criminal Procedure Code 05-05-1989

(Amendment) Act 1989

Act A841 Criminal Procedure Code 05-02-1993

(Amendment) Act 1993

Act A908 *Criminal Procedure Code 17-02-1995

(Amendment) Act 1995

Act A979 Criminal Procedure Code 31-01-1997

(Amendment) Act 1997

Act A1015 **Criminal Procedure (Amendment) 01-04-1998

Act 1998

Act A1132 Criminal Procedure Code S. 1, 3-8,

(Amendment) Act 2001 10 & 20:
01-08-2002;
S. 2, 9, 11-19
& 21:
15-09-2012

P.U. (A) 224/2005 Revision of Laws (Rectification of 17-06-2005

Criminal Procedure Code) Order
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].
344 Laws of Malaysia Act 593
Amending law Short title In force from

Act A1274 Criminal Procedure Code S. 9, 20,

(Amendment) Act 2006 para. 33(b),
(f), (g) & (h):
06-03-2006,
P.U. (B)
68/2007;
para. 33(k)
& (v):
02-07-2007,
P.U. (B)
243/2007;
S. 2-8,
10-19,
21-32,
para. 33(a),
(c), (d). (e),
(i), (j), (i)-(u)
and
S. 34:
07-09-2007,
P.U. (B)
322/2007
Act A1304 Criminal Procedure Code 07-09-2007
(Amendment) (Amendment)
Act 2007
Act A1350 Criminal Procedure Code 01-05-2009
(Amendment) Act 2009
Act A1378 Criminal Procedure Code 01-06-2012
(Amendment) Act 2010
Act A1422 Criminal Procedure Code 01-06-2012
(Amendment) Act 2012
Act A1423 Criminal Procedure Code 01-06-2012
(Amendment) Act 2012
Act A1431 Criminal Procedure Code 31-07-2012
(Amendment) (No. 2) Act 2012 P.U. (B)
254/2012
except
sections 7, 8,
and 9
Act A1521 Criminal Procedure Code 01-03-2017
(Amendment) Act 2016 except
sections 17,
18, and 19
P.U. (A) 238/2018 Revision of Laws (Rectification of
Criminal Procedure Code) Order
2018
 Criminal Procedure Code 345

LAWS OF MALAYSIA

Act 593

CRIMINAL PROCEDURE CODE

LIST OF SECTIONS AMENDED

Section Amending authority In force from

1 En. No. 18/1937 23-07-1937

F.M. Ord. 1/1948 06-03-1948
F.M. Ord. 69/1957 01-01-1958

2 F.M. Ord. 1/1948 06-03-1948

F.M. Ord. 14/1952 15-11-1952
F.M. Ord. 21/1955 15-06-1955
L.N. (N.S.) 73/1957 14-11-1957
Act A6 01-03-1969
Act A324 10-01-1976
Act A841 05-02-1993
Act Al274 07-09-2007
Act A1304 07-09-2007
Act A1132 15-09-2012
Act A1521 01-03-2017

5 Act A324 10-01-1976

6 F.M. Ord. 43/1948 01-01-1949

L.N. (N.S.) 73/1957 14-11-1957

8 Act 25/1967 01-06-1967

Act A908 17-02-1995

9 Act A908 17-02-1995

10 Act Al274 07-09-2007

13 Act No. 25/1967 01-06-1967

Act Al274 07-09-2007
Act A1304 07-09-2007
Act A1521 01-03-2017

20a Act Al274 07-09-2007

Act A1304 07-09-2007

23 L.N. (N.S.) 73/1957 14-11-1957

L.N. 228/1965 16-09-1963

28 F.M. Ord. 8/1954 25-02-1954

Act A1274 07-09-2007
346 Laws of Malaysia Act 593
Section Amending authority In force from

28a Act A1274 07-09-2007

Act A1304 07-09-2007

34 L.N. 240/1953 01-05-1953

37a F.M. Ord. 79/1952 30-12-1952

Act No. 6/1965 21-01-1965

38 L.N. 240/1953 01-05-1953

39 L.N. 239/1953 Selangor

(except Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder
of the
Federation—
01-08-1953

40 L.N. 239/1953 Selangor

(except Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder
of the
Federation—
01-08-1953

51a Act A1274 07-09-2007

Act A1423 01-06-2012

52 F.M. Ord. 8/1954 25-02-1954

56 En. No. 19/1936 29-07-1936

Act A324 10-01-1976

57 L.N. 240/1953 01-05-1953

62a Act No. 25/1967 01-06-1967

62b Act. No. 25/1967 01-06-1967

66a En. No. 19/1936 29-07-1936

68 En. No. 18/1937 23-07-1937

69 En. No. 19/1936 29-07-1936

79 En. No. 19/1936 29-07-1936

 Criminal Procedure Code 347
Section Amending authority In force from

83 F.M. Ord. 21/1955 15-06-1955

Act A324 10-01-1976

84 F.M. Ord. 21/1955 15-06-1955

L.N. (N.S.) 73/1957 14-11-1957
Act A324 10-01-1976

85 F.M. Ord. 1/1948 06-03-1948

F.M. Ord. 21/1955 15-06-1955
Act A324 10-01-1976

86 F.M. Ord. 1/1948 06-03-1948

F.M. Ord. 21/1955 15-06-1955
L.N. (N.S.) 73/1957 14-11-1957
Act A324 10-01-1976

87 F.M. Ord. 1/1948 06-03-1948

F.M. Ord. 21/1955 15-06-1955
L.N. (N.S.) 73/1957 14-11-1957
Act A324 10-01-1976

88 En. No. 18/1937 23-07-1937

M.U. Ord. 1/1948 31-01-1948
F.M. Ord. 1/1948 06-03-1948
F.M. Ord. 21/1955 15-06-1955
L.N. (N.S.) 73/1957 14-11-1957
Act A324 10-01-1976

98 Act A1521 01-03-2017

106 En. No. 3/1938 06-04-1938

106a Act Al274 06-03-2007

Act A1431 31-07-2012

106b Act Al274 06-03-2007

Act A1431 31-07-2012

106c Act Al274 06-03-2007

Act A1431 31-07-2012

107 Act Al274 07-09-2007

Act A1304 07-09-2007

107a Act Al274 07-09-2007

108 Act A1132 01-08-2002

108a En. No. 19/1936 29-07-1936

Act A1132 01-08-2002

111 Act Al274 07-09-2007

348 Laws of Malaysia Act 593
Section Amending authority In force from

112 F.M. Ord. 79/1952 30-12-1952

Act No. 25/1967 01-06-1967
Act A365 29-10-1976
Act A1274 07-09-2007

113 En. No. 19/1936 29-07-1936

Act No. 9/1963 21-01-1963
Act A324 10-01-1976
Act A1274 07-09-2007
Act A1304 07-09-2007

114 Act A324 10-01-1976

Act Al274 07-09-2007

115 Act Al274 07-04-2007

116a–116c Act A1431 31-07-2012

117 Act 25/1967 01-06-1967

Act A324 10-01-1976
Act Al132 01-08-2002
Act A1274 07-09-2007
Act A1521 01-03-2017

119 Act Al274 07-04-2007

120 Act A1274 07-04-2007

124 Act A324 10-01-1976

127 Act A324 10-01-1976

127a Act A324 10-01-1976

Act Al274 06-03-2007
Act A1431 31-07-2012

127b Act A324 10-01-1976

128 Act No. 25/1967 01-06-1967

Act A908 17-02-1995

130 Act A549 20-02-1983

133 Act A1015 01-04-1998

134 Act A1015 01-04-1998

135 Act A1015 01-04-1998

 Criminal Procedure Code 349
Section Amending authority In force from

137 F.M. Ord. 8/1954 25-02-1954

Act No. 25/1967 01-06-1967
138 Act A324 10-01-1976
Act A908 17-02-1995
Chapter XVII Act A908 17-02-1995
146 F.M. Ord. 8/1954 25-02-1954
151a–151b Act No. 25 of 1967 01-06-1967
Act A908 17-02-1995
153 Act A1431 31-07-2012
154 P.U. (A) 224/2005 17-06-2005
155 Act No. 25/1967 01-06-1967
157 Act A1132 01-08-2002
158 Act A908 17-02-1995
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 Act A1378 01-06-2012
Act A1422 01-06-2012
172b Act A1378 01-06-2012
Act A1422 01-06-2012
172c Act A1378 01-06-2012
Act A1422 01-06-2012
172d Act A1378 01-06-2012
Act A1422 01-06-2012
172e Act A1378 01-06-2012
172f Act A1378 01-06-2012
172g Act A1422 01-06-2012
173 Act A979 31-01-1997
Act Al274 07-09-2007
Act A1378 01-06-2012
Act A1422 01-06-2012
173a En. No. 19/1936 29-07-1936
Act A1521 01-03-2017
350 Laws of Malaysia Act 593
Section Amending authority In force from

176 L.N. 239/1953 Selangor

(except Sabak
Bernam and
Sepang)—
01-05-1953;
Remainder
of the
Federation—
01-08-1953
Act A1378 01-06-2012
177 Act A908 17-02-1995
177a Act A908 17-02-1995
Heading to Act A908 17-02-1995
Chapter XX
178 Act A979 31-01-1997
179 Act A908 17-02-1995
180 Act A979 31-01-1997
Act Al274 07-09-2007
181 Act A979 31-01-1997
182a Act A979 31-01-1997
183 Act A979 31-01-1997
183a Act A324 10-01-1976
Act A908 17-02-1995
Act A1378 01-06-2012
Act A1422 01-06-2012
184 F.M. Ord. 1/1948 06-03-1948
Act A324 10-01-1976
Act A908 17-02-1995
185 F.M. Ord. 8/1954 25-02-1954
Act A908 17-02-1995
186 Act A908 17-02-1995
187 Act No. 5/1963 21-01-1963
Act A908 17-02-1995
188–196 Act A908 17-02-1995
197 F.M. Ord. 8/1954 25-02-1954
Act A324 10-01-1976
Act A908 17-02-1995
 Criminal Procedure Code 351
Section Amending authority In force from

198 F.M. Ord. 8/1954 25-02-1954

Act A908 17-02-1995
199 F.M. Ord. 8/1954 25-02-1954
Act A908 17-02-1995
199a Act A324 10-01-1976
Act A908 17-02-1995
200 En. No. 18/1937 23-07-1937
En. No. 3/1938 06-04-1938
F.M. Ord. 1/1948 06-03-1948
F.M. Ord. 69/1957 01-01-1958
Act A908 17-02-1995
201 F.M. Ord. 69/1957 01-01-1958
Act A908 17-02-1995
202–210 Act A908 17-02-1995
211 F.M. Ord. 73/1958 27-12-1958
212–235 Act A908 17-02-1995
235a Act A324 10-01-1976
Act A908 17-02-1995
236 F.M. Ord. 8/1954 25-02-1954
Act A233 01-11-1973
Act A908 17-02-1995
237 En. No. 18/1937 23-07-1937
F.M. Ord. 1/1948 06-03-1948
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
F.M. Ord. 69/1957 01-01-1958
Act A908 17-02-1995
352 Laws of Malaysia Act 593
Section Amending authority In force from

238 F.M. Ord. 1/1948 06-03-1948

Act A908 17-02-1995
239 Act A908 17-02-1995
240 F.M. Ord. 1/1948 06-03-1948
Act A908 17-02-1995
241 F.M. Ord. 1/1948 06-03-1948
Act A908 17-02-1995
242–243 Act A908 17-02-1995
244 Act A324 10-01-1976
Act A908 17-02-1995
245 Act A324 10-01-1976
Act A908 17-02-1995
247 Act A324 10-01-1976
Act A908 17-02-1995
248 Act A324 10-01-1997
Act A908 17-02-1995
249 En. No. 18/1937 23-07-1937
L.N. (N.S.) 73/1957 14-11-1957
Act A908 17-02-1995
250–251 Act A908 17-02-1995
252 Act A324 10-01-1976
Act A908 17-02-1995
252a F.M. Ord. 8/1954 25-02-1948
Act A908 17-02-1995
254 M.U. Ord. 13/1947 10-03-1947
Act A908 17-02-1995
254a Act A1378 01-06-2012
255 Act A1132 01-08-2002
256 Act A908 17-02-1995
Act Al274 07-09-2007
258 Act A908 17-02-1995
261 Act A908 17-02-1995
262 Act A908 17-02-1995
Act A1274 07-09-2007
 Criminal Procedure Code 353
Section Amending authority In force from

264 Act A908 17-02-1995

265a–265c Act A1521 01-03-2017
267 Act A908 17-02-1995
269 Act A908 17-02-1995
272a P.U. (A) 521/1969 18-12-1969
272b Act A1274 07-09-2007
272c–272k Act A1350 01-05-2009
274 F.M. Ord. 1/1948 06-03-1948
281 F.M. Ord. 1/1948 06-03-1948
L.N. 1/1957 31-08-1957
Act A908 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
L.N. (N.S.) 73/1957 14-11-1957
Act A908 17-02-1995
289 Act A1274 07-04-2007
291 Act Al274 07-04-2007
293 En. No. 2/1941 26-02-1941
Act Al274 07-09-2007
Act A1304 07-09-2007
294 Act A1274 07-09-2007
Act A1521 01-03-2017
294a En. No. 2/1941 26-02-1941
354 Laws of Malaysia Act 593
Section Amending authority In force from

295 M.U. Ord. 1/1948 31-01-1948

F.M. Ord. 8/1954 25-02-1954
Act Al274 07-09-2007
295a Act Al274 07-09-2007
298 F.M. Ord. 8/1954 25-02-1954
L.N. (N.S.) 73/1957 14-11-1957
Act Al274 07-09-2007
300 F.M. Ord. 1/1948 06-03-1948
L.N. (N.S.) 1/1957 31-08-1957
L.N. (N.S.) 56/1957 31-08-1957
L.N. (N.S.) 73/1957 14-11-1957
301 F.M. Ord. 1/1948 06-03-1948
F.M. Ord. 14/1953 30-04-1953
L.N. (N.S.) 1/1957 31-08-1957
L.N. (N.S.) 56/1957 31-08-1957
303a Act A324 10-01-1976
304 En. No. 19/1936 29-07-1936
306 En. No. 29/1938 21-12-1938
307 En. No. 19/1936 29-07-1936
En. No. 29/1938 21-12-1938
Act No. 25/1967 01-06-1967
Act A1274 07-09-2007
308 En. No. 19/1936 29-07-1936
309 Act No. 25/1967 01-06-1967
316 En. No. 19/1936 29-07-1936
Act A1132 01-08-2002
321 Act No. 25/1967 01-06-1967
322 En. No. 19/1936 29-07-1936
323 Act No. 25/1967 01-06-1967
324 Act A324 10-01-1976
329 En. No. 19/1936 29-07-1936
332 Act A1132 01-08-2002
333 F.M. Ord. 8/1954 25-02-1954
334 Act A1132 15-09-2012
340 Act A1132 01-08-2002
341a Act No. 25/1967 01-06-1967
 Criminal Procedure Code 355
Section Amending authority In force from

342 F.M. Ord. 8/1954 25-02-1954

Act A908 17-02-1995
Act A1132 15-09-2012
343 Act A908 17-02-1995
Act A1132 15-09-2012
344 F.M. Ord. 1/1948 06-03-1948
Act A1132 15-09-2012
345 Act A908 17-02-1995
346 Act A908 17-02-1995
348 F.M. Ord. 1/1948 06-03-1948
Act A1132 15-09-2012
349 Act A908 17-02-1995
Act A1132 15-09-2012
350 F.M. Ord. 1/1948 06-03-1948
Act A1132 15-09-2012
351 F.M. Ord. 1/1948 06-03-1948
Act A1132 15-09-2012
352 Act A1132 15-09-2012
352a Act A728 05-05-1989
Act A1132 15-09-2012
360 F.M. Ord. 36/1950 04-07-1950
361 F.M. Ord. 36/1950 04-07-1950
362 F.M. Ord. 36/1950 04-07-1950
363 F.M. Ord. 36/1950 04-07-1950
364 F.M. Ord. 36/1950 04-07-1950
376 En. No. 18/1937 23-07-1937
M.U. Ord. 13/1947 10-03-1947
L.N. (N.S.) 73/1957 14-11-1957
Act A324 10-01-1976
Act A365 29-10-1976
Act A908 17-02-1995
Act A1015 01-04-1998
377 En. No. 18/1937 23-07-1937
F.M. Ord. 1/1948 06-03-1948
F.M. Ord. 8/1954 25-02-1954
Act No. 25/1967 01-06-1967
Act A1015 01-04-1998
356 Laws of Malaysia Act 593
Section Amending authority In force from

378 F.M. Ord. 8/1954 25-02-1954

Act No. 25/1967 01-06-1967
Act A1015 01-04-1998
379 En. No. 18/1937 23-07-1937
L.N. (N.S.) 73/1957 14-11-1957
380 F.M. Ord. 8/1954 25-02-1954
Act No. 25/1967 01-06-1967
Act A1015 01-04-1998
380a Act A1015 01-04-1998
381 Act A908 17-02-1995
382 Act A908 17-02-1995
383 Act A908 17-02-1995
384 Act A908 17-02-1995
385 Act A908 17-02-1995
386 Act A908 17-02-1995
387 Act No. 25/1967 01-06-1967
388 Act No. 25/1967 01-06-1967
396 Act A1423 01-06-2012
398 Act A908 17-02-1995
399 En. No. 19/1936 29-07-1936
F.M. Ord. 1/1952 24-03-1952
L.N. (N.S.) 73/1957 14-11-1957
Act No. 25/1967 01-06-1967
399a En. No. 19/1936 29-07-1936
Act No. 25/1967 01-06-1967
Act No. 38/1967 29-08-1967
399b Act A1521 01-03-2017
400 L.N. (N.S.) 1/1957 31-08-1957
401 Act A908 17-02-1995
402 Act A908 17-02-1995
407 M.U. Ord. 13/1947 10-03-1947
402a Act A324 10-01-1976
Act A1378 01-06-2012
Act A1422 01-06-2012
402b Act A1378 01-06-2012
Act A1521 01-03-2017
 Criminal Procedure Code 357
Section Amending authority In force from

402c Act A1378 01-06-2012

Chapter XLI L.N. 241/1953 01-05-1953
406a L.N. 241/1953 01-05-1953
407a Act A1378 01-06-2012
Act A1422 01-06-2012
407b Act A1521 01-03-2017
413 Act A1378 01-06-2012
414 Act A1521 01-03-2017
415 Act A1521 01-03-2017
417 Act A324 10-01-1976
Act A908 17-02-1995
418a Act A324 10-01-1976
Act A728 05-05-1989
Act A908 17-02-1995
418b Act A728 05-05-1989
Act A1015 01-04-1998
422 Act A1015 01-04-1998
424 L.N. (N.S.) 73/1957 14-11-1957
425a Act A1521 01-03-2017
426 F.M. Ord. 8/1954 25-02-1954
Act A1378 01-06-2012
Act A1422 01-06-2012
427 F.M. Ord. 1/1952 24-03-1952
F.M. Ord. 8/1954 25-02-1954
Act A908 17-02-1995
428 En. No. 18/1937 23-07-1937
L.N. (N.S.) 73/1957 14-11-1957
Act A1378 01-06-2012
429 Act A908 17-02-1995
430 Act A1521 01-03-2017
431 En. No. 18/1937 23-07-1937
L.N. (N.S.) 73/1957 14-11-1957
432 Act A1378 01-06-2012
434 F.M. Ord. 14/1952 15-11-1952
358 Laws of Malaysia Act 593
Section Amending authority In force from

434a L.N. 241/1953 01-05-1953

439 L.N. (N.S.) 73/1957 14-11-1957
Act A908 17-02-1995
444 En. No. 18/1937 23-07-1937
First Schedule En. No. 29/1938 21-12-1938
M.U. Ord. 13/1947 10-03-1947
L.N. (N.S.) 73/1957 14-11-1957
Act No. 38/1967 29-08-1967
Act A324 10-01-1976
Act A549 20-02-1983
Act A614 31-05-1985
Act A728 05-05-1989
Act A1132 01-08-2002
Act A1274 06-03-2007;
02-07-2007;
07-09-2007
Act A1304 07-09-2007
Act A1521 01-03-2017
P.U. (A) 238/2018
Second Schedule L.N. (N.S.) 73/1957 14-11-1957
Act A908 17-02-1995
Act A1378 01-06-2012
Third Schedule Act A728 05-05-1989
Act A1132 15-09-2012
Fourth Schedule Act A1274 07-09-2007
Act A1304 07-09-2007
Throughout the Act 25/1967 01-06-1967
Code Act A365 29-10-1976

LIST OF LAWS OR PART THEREOF SUPERSEDED

No. Title

F.M.S. Cap.H6
Hakcipta Pencetak Criminal Procedure Code
PERCETAKAN NASIONAL MALAYSIA BERHAD
Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk
yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/
atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
WJW011331 06-08-2018