CRIMINAL PROCEDURE CODE

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 593 CRIMINAL PROCEDURE CODE As at 4 July 2023 This text is ONLY AN UPDATED TEXT of the Criminal Procedure Code by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 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 846 which came into operation on … … … … 4 July 2023 PREVIOUS REPRINTS First Reprint … … … Second Reprint … … … … 2002 … … … … 2006 … … … 2012 … 2018 Third Reprint … … Fourth Reprint … … … … … 3 LAWS OF MALAYSIA Act 593 CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY CHAPTER 1 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 Criminal Procedure Code Section 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 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 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 5 6 Laws of Malaysia ACT 593 Other Rules Regarding Summonses to Appear and Warrants of Arrest Section 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 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 Criminal Procedure Code 7 PART IV PREVENTION OF OFFENCES CHAPTER VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR Section 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 8 Laws of Malaysia ACT 593 Section 84. 85–87. 88. Forcible dispersal of unlawful assemblies (Deleted) 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 XA PROTECTION ORDER IN CASES OF STALKING 98A. Power to issue protection order in cases of stalking 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 Criminal Procedure Code Section 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) PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XIII 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) 9 10 Laws of Malaysia ACT 593 Section 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 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 Criminal Procedure Code CHAPTER XV COMPLAINTS TO MAGISTRATES Section 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 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 11 12 Laws of Malaysia ACT 593 Section 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 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 Criminal Procedure Code CHAPTER XIX SUMMARY TRIALS BY MAGISTRATES Section 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. Ope