SUBORDINATE COURTS ACT 1948

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 92 SUBORDINATE COURTS ACT 1948 As at 1 January 2023 This text is ONLY AN UPDATED TEXT of the Subordinate Courts Act 1948 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 SUBORDINATE COURTS ACT 1948 First enacted … … … ... 1948 (Ordinance No. 43 of 1948) Revised … … … ... 1972 (Act 92 w.e.f. 1 January 1972) Latest amendment made by Act A1622 which came into operation on … … … ... 22 October 2020 PREVIOUS REPRINTS First Reprint … … … … … 1981 Second Reprint … … … … … 1994 Third Reprint … … … … … 1999 Fourth Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 92 SUBORDINATE COURTS ACT 1948 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II GENERAL 3. Courts 4. Seals of courts 5. Process of courts 5A. Registrar PART III SUPREME COURT 6–12. (Deleted) PART IV COURT OF APPEAL 13–42. (Deleted) 4 Laws of Malaysia ACT 92 PART V HIGH COURT Section 43–51. (Deleted) Revision by High Court of Proceedings of Subordinate Courts 52–53. 54. 55–58. (Deleted) Power of Sessions Court Judge to call for civil records of courts subordinate thereto (Deleted) PART VI SESSIONS COURT General 59. Constitution and territorial jurisdiction of Sessions Courts 60. Qualifications of Sessions Courts Judges 61. Transfer of powers to Sessions Courts Judges 62. Nature of business at any sitting Criminal Jurisdiction of Sessions Courts 63. Criminal jurisdiction 64. Sentences Civil Jurisdiction of Sessions Courts 65. Civil jurisdiction of Sessions Courts 66. Counterclaims in Sessions Courts and transfers therefrom 67. Relinquishing part of claim 68. Splitting claims not allowed 69. Exceptions to jurisdiction 70. Recovery of immovable property Subordinate Courts 5 Section 72. Jurisdiction to adjudicate on title to immovable property with consent of parties Power to issue distress 73. Interpleader 74. Power to order sale unless security given 75. (Deleted) 71. PART VII MAGISTRATES’ COURT General 76. Constitution and territorial jurisdiction of Magistrates’ Courts 77. Ex officio First Class Magistrates 78. Appointment of First Class Magistrates 78A. Qualifications of First Class Magistrates 79. Appointment of Second Class Magistrates 80. Transfer of powers to Magistrates 81. Magistrates of any class may preside in Magistrates’ Court 82. General powers and jurisdiction of Magistrates’ Courts and Magistrates 83. Preliminary process and interlocutory orders 84. Nature of business at any sitting Criminal Jurisdiction of Magistrates 85. Criminal jurisdiction of First Class Magistrate 86. (Deleted) 87. Sentences within competence of First Class Magistrate 88. Criminal jurisdiction of Second Class Magistrate 89. Sentences within competence of Second Class Magistrate Civil Jurisdiction of Magistrates 90. Civil jurisdiction of First Class Magistrate 6 Laws of Malaysia ACT 92 Section 91. (Deleted) 92. Civil jurisdiction of Second Class Magistrate 93. Provisions of Act relating to Sessions Court applicable to Magistrates’ Courts PART VIII 94–97. (Deleted) PART IX JUSTICES OF THE PEACE 98. Appointment of Justices of the Peace 99. Powers of Justices of the Peace PART X MISCELLANEOUS 99A. Further powers and jurisdiction of courts 100. (Deleted) 101. Powers of the court in relation to hearings in camera, etc. 101A. Power of Sessions Court Judge to hear matters in chambers 101B. Court may conduct proceedings through remote communication technology 102. Sentence in case of conviction for several offences at one trial 103. Detention pending corporal punishment 104. Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter 105. (Deleted) 106. Subordinate officers 107. Protection of judicial officers 107A. Practice directions 108. (Deleted) 109. Provision to prevent conflict of laws Subordinate Courts Section 110. Repeal and savings 111. (Omitted) FIRST AND SECOND SCHEDULES (Deleted) THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE 7 9 LAWS OF MALAYSIA Act 92 SUBORDINATE COURTS ACT 1948 An Act relating to the inferior courts in *Malaysia. [Peninsular Malaysia—1 January 1949, Ord. 43 of 1948; *Sabah and Sarawak—1 June 1981, P.U. (B) 264/1981] PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Subordinate Courts Act 1948. (2) This Act shall apply **throughout Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Chief Judge” means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak as the case may require; ***“High Court” means the High Court in Malaya; *NOTE—This Act is applicable to Sabah and Sarawak–see Subordinate Courts Act (Extension) Order 1980 [P.U. (A) 357/1980] w.e.f. 1 June 1981. **NOTEFor application of Part IX in the State of Sarawak–see P.U. (A) 357/1980. ***NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980. 10 Laws of Malaysia ACT 92 “Magistrate appointed under this Act” includes an ex-officio Magistrate; “permanent resident” has the meaning assigned by the Courts of Judicature Act 1964 [Act 91]; “Registrar” means the Registrar, Deputy Registrar, Senior Assistant Registrar or Assistant Registrar of the Subordinate Courts; “remote communication technology” means a live video link, a live television link or any other electronic means of communication; “seal” includes stamp; “trial court” in relation to any appeal means the court by which the original finding, sentence or order appealed against was recorded, passed or made. (2) In the case of an offence under Chapters VI and VIA of the Penal Code [Act 574], 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 the Federation 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 the Government of Malaysia or the Government of any State in Malaysia Subordinate Courts 11 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; (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, any reference in this Act to the local limits of jurisdiction of any Magistrates’ Court or Sessions Court shall be deemed to include a place where the accused is found. PART II GENERAL Courts 3. (1) (Deleted by Act 7 of 1964). *(2) There shall be established the following Subordinate Courts for the administration of civil and criminal law in Peninsular Malaysia: (a) Sessions Courts; (b) Magistrates’ Courts; (c) (Deleted by Act A1382). *NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980. 12 Laws of Malaysia ACT 92 Seals of courts 4. Each court shall have and use as occasion may require a seal of such nature and pattern as the Chief Judge may, by notification in the Gazette, prescribe. Process of courts 5. (1) All summonses, warrants, orders, rules, notices and mandatory processes whatsoever, whether civil or criminal shall— (a) (Deleted by Act 7 of 1964); (b) if issued or made by a Sessions Court, be signed by the Sessions Court Judge, or be signed, on behalf of the Sessions Court Judge, by a Magistrate of either class within the local limits of whose jurisdiction the Sessions Court is situate or by the Registrar of the Subordinate Courts; and (c) if issued or made by a Magistrates’ Court, be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate, or be signed by a Registrar of the Subordinate Courts situate in the same town or place as the Magistrates’ Court, (d) (Deleted by Act A1382), and every such summons, warrant, order, rule, notice and mandatory process shall be sealed with the seal of the court issuing or making the same. *(2) All summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or by the authority of any court respecting any cause or matter within its *NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980. Subordinate Courts 13 jurisdiction shall have full force and effect and may be served or executed anywhere within Peninsular Malaysia. Registrar 5A. (1) The Registrar, Deputy Registrar and the Senior Assistant Registrar shall be appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Justice. (2) The Assistant Registrar of the Subordinate Courts shall be appointed in accordance with section 106. PART III SUPREME COURT 6–12. (Deleted by Act 7 of 1964). PART IV COURT OF APPEAL 13–42. (Deleted by Act 7 of 1964). PART V HIGH COURT 43–51. (Deleted by Act 7 of 1964). Revision by High Court of Proceedings of Subordinate Courts 52–53. (Deleted by Act 7 of 1964). 14 Laws of Malaysia ACT 92 Power of Sessions Court Judge to call for civil records of courts subordinate thereto 54. (1) The Sessions Court Judge may call for and examine the record of any civil proceedings before a Magistrates’ Court within the local limits of jurisdiction of the Sessions Court of which he is for the time being Sessions Court Judge for the purpose of satisfying himself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of that court. (2) If a Sessions Court Judge acting under subsection (1) considers that any decision of a Magistrates’ Court is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the High Court. 55–58. (Deleted by Act 7 of 1964). PART VI SESSIONS COURT General Constitution and territorial jurisdiction of Sessions Courts 59. (1) The Yang di-Pertuan Agong may, by order, constitute so many Sessions Courts as he may think fit and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto. *(2) Subject to this Act or any other written law, a Sessions Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia. *NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980. Subordinate Courts 15 (3) Each Sessions Court shall be presided over by a Sessions Court Judge appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Judge. (4) Sessions Courts shall ordinarily be held at such places as the Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction. Qualifications of Sessions Courts Judges 60. No person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation: Provided that this section shall