Criminal Procedure Code (Malaysia)

Criminal Procedure Code
Long title An Act relating to criminal procedure.
Citation	Act 593
Territorial extent	Malaysia
Enacted	1935 (F.M.S. Cap. 6) Revised: 1999 (Act 593 w.e.f. 4 April 1999)
Effective	Throughout Malaysia—10 January 1976, Act A324
Amended by
Criminal Procedure Code (Amendment) Enactment 1936 [En. No. 19/1936] Statute Law Revision (Chief Secretary’s Powers) Enactment 1937 [En. No. 18/1937] Statute Law Revision (General Amendments) Enactment 1938 [En. No. 3/1938] Criminal Procedure Code (Amendment) Enactment 1938 [En. No. 29/1938] Criminal Procedure (Amendment) Ordinance 1947 [Ord. 13/1947] Transfer of Powers Ordinance 1948 [F.M. No. 1/1948] Courts Ordinance 1948 [F.M. No. 43/1948] Married Women and Children (Maintenance) 1950 [Ord. 36/1950] Criminal Procedure Codes (Amendment) Ordinance 1952 [Ord. 1/1952] The Police Ordinance 1952 [Ord. 14/1952] Criminal Procedure Codes (Amendment No. 2) Ordinance 1952 [Ord. 79/1952] Rule Committee Ordinance 1948 [L.N. 239/1953] Rule Committee Ordinance 1948 [L.N. 240/1953] Rule Committee Ordinance 1948 [L.N. 241/1953] Criminal Justice Ordinance 1953 [Ord. 14/1953] Criminal Procedure Codes (Amendment) Ordinance 1954 [Ord. 8/1954] Criminal Procedure Codes (Amendment) Ordinance 1955 [Ord. 21/1955] Federation of Malaya Agreement (Transfer of Powers of British Advisers) Order 1957 [L.N. 161/1957] Federal Constitution (Modification of Laws) Order 1957 [L.N. (N.S.) 1/1957] Federal Constitution (Modification of Laws) Order 1957 [L.N. (N.S.) 56/1957] Federal Constitution (Modification of Laws) (No. 2) Order 1957 [L.N. (N.S.) 73/1957] Criminal Procedure Code (Amendment) Ordinance 1957 [Ord. 69/1957] Criminal Procedure Code (Amendment) Ordinance 1958 [Ord. 73/1958] Kidnapping Act 1963 [Act 5/1963] Criminal Procedure Code (Amendment) Act 1963 [Act 9/1963] Warrants and Summonses (Special Provisions) Act 1965 [Act 6/1965] Modification of Laws (Criminal Procedure) (Powers of Arrest) (Malaysia) Order 1965 [L.N. 228/1965] Criminal Procedure Code (Amendment) Act 1967 [Act 25/1967] Criminal Procedure Code (Amendment) (No. 2) Act 1967 [Act 38/1967] Criminal Procedure Code (Amendment) Act 1969 [Act A6] Emergency (Essential Powers) Ordinance No. 14 of 1969 [P.U. (A) 521/1969] Criminal Procedure Code (Amendment) Act 1974 [Act A233] Criminal Procedure Code (Amendment and Extension) Act 1976 [Act A324] Criminal Procedure Code (Amendment) Act 1976 [Act A365] Modification of Laws (Criminal Procedure) (Sabah and Sarawak) Order 1976 [P.U. (A) 97/1976] Penal Code and Criminal Procedure Code (Amendment) Act 1983 [Act A549] Penal Code (Amendment) Act 1985 [Act A614] Criminal Procedure Code (Amendment) Act 1989 [Act A728] Criminal Procedure Code (Amendment) Act 1993 [Act A841] Criminal Procedure Code (Amendment) Act 1995 [Act A908] Criminal Procedure Code (Amendment) Act 1997 [Act A979] Criminal Procedure Code (Amendment) Act 1998 [Act A1015] Criminal Procedure (Amendment) Act 2001 [Act A1132] Revision of Laws (Rectification of Criminal Procedure Code) Order 2005 [P.U. (A) 224/2005]
Keywords
Criminal procedure code
Status: In force

The Criminal Procedure Code (Malay: Kanun Tatacara Jenayah), are Malaysian laws which enacted relating to criminal procedure.

Structure

The Criminal Procedure Code, in its current form (1 January 2006), consists of 4 Parts containing 44 chapters, 444 sections and 3 schedules (including 44 amendments).

Part I: Preliminary

Chapter I

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. Offences committed within seven miles of the boundary of a State

Part III: General Provisions

Chapter III: Aid and Information to Magistrates and Police and Persons Making Arrests

11. Public, when to assist Magistrates, Justices of the Peace and police

12. Aid to persons other than police officer executing warrant

13. Public to give information of certain matters

14. Police officer bound to report certain matters

Chapter IV: Arrest, Escape and Re-taking

15. Arrest, how made

16. Search of place entered by person sought to be arrested

17. Search of persons in place searched under warrant

18. Power to break open any place for purposes of liberation

19. No unnecessary restraint and mode of searching women

20. Search of persons arrested

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

29. Release of person arrested

30. Offence committed in Magistrate’s presence

31. Arrest by or in presence of Magistrate

32. Power on escape to pursue and re-take

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

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 indorsement on warrant security to be taken

40. Warrants, to whom directed

41. Notification of substance of warrant

42. Person arrested to be brought before Court without delay

43. Procedure on arrest of person against whom warrant is issued

Proclamation and Attachment

44. Proclamation for person absconding

45. Attachment of property of person proclaimed

46. Restoration of attached property

Other Rules Regarding Summonses to Appear and Warrants of Arrest

47. 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

Chapter VI: Processes to Compel the Production of Documents and Other Movable Property and for the Discovery of Persons Wrongfully Confined

51. Summons to produce document or other things

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

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

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

Part V: Information to Police and Their Powers to Investigate

Chapter XIII

107. Information of offences

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. Power to record statements and confessions

116. Search by police officer

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

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

Chapter XVI: Commencement of Proceedings before a Magistrate's Court

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 Committal 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

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 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

Chapter XX: Trials before the High Court

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

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

255. Right of accused to be defended

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

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

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

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

296. Obligations of persons subject to supervision

297. Penalty for non-compliance with section 296

298. Application of law to orders for police supervision made outside the Malay States

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

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

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 Superintendent

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 "mental hospital" and "visitors"

352A. Modification in the application in this Chapter to Sabah and Sarawak

Chapter XXXIV: Proceedings in Case of Certain Offences Affecting the Administration of Justice

353. Procedure as to offences committed in Court

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

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. Where person bound to give evidence intends to leave Malaysia

397. Deposition of medical witness

398. (Deleted)

399. Reports of certain persons

399A. Report of Central Bank on currency note or coin

400. How previous conviction or acquittal may be proved

401. Record of evidence in absence of accused

402. (Deleted)

402A. Notice to be given of defence of alibi

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

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

Chapter XLII: Transfer of Criminal Cases

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

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

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

Second Schedule: Forms

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

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

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

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

External links

• Criminal Procedure Code This article incorporates text from this source, which is in the public domain.