Criminal Procedure Code (Malaysia)

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).

Chapter I

1. Short title2. Interpretation3. Trial of offences under Penal Code and other laws4. Saving of powers of High Court5. Laws of England, when applicable

Chapter II: Criminal Courts in General

6. Courts7. Courts to be open8. (Deleted)9. Criminal jurisdiction of Magistrates10. Offences committed within seven miles of the boundary of a State

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

11. Public, when to assist Magistrates, Justices of the Peace and police12. Aid to persons other than police officer executing warrant13. Public to give information of certain matters14. Police officer bound to report certain matters

Chapter IV: Arrest, Escape and Re-taking

15. Arrest, how made16. Search of place entered by person sought to be arrested17. Search of persons in place searched under warrant18. Power to break open any place for purposes of liberation19. No unnecessary restraint and mode of searching women20. Search of persons arrested21. Power to seize offensive weapons22. Search of person for name and address23. When police or penghulu may arrest without warrant24. Refusal to give name and residence25. How person arrested by penghulu is to be dealt with26. Pursuit of offenders27. Arrest by private persons and procedure in such cases28. How person arrested is to be dealt with and detention for more than twenty-four hours29. Release of person arrested30. Offence committed in Magistrate’s presence31. Arrest by or in presence of Magistrate32. Power on escape to pursue and re-take33. Sections 16 and 18 to apply to arrests under section 32

Chapter V: Processes to Compel Appearance

Summons

34. Form of summons and service35. Summons how served36. Procedure when personal service cannot be effected37. Proof of service37A. (Deleted)

Warrant of Arrest

38. Form of warrant of arrest39. Court may direct by indorsement on warrant security to be taken40. Warrants, to whom directed41. Notification of substance of warrant42. Person arrested to be brought before Court without delay43. Procedure on arrest of person against whom warrant is issued

Proclamation and Attachment

44. Proclamation for person absconding45. Attachment of property of person proclaimed46. 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 summons48. Summonses to appear and warrants of arrest may be executed in any part of Malaysia49. Power to take bond for appearance50. 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 things52. Procedure as to postal article, etc.53. Sections 34 to 37 to apply

Search Warrants

54. When search warrant may be issued55. Power to restrict search warrant56. Magistrate may issue warrant authorizing search for evidence of offence57. Form of search warrant58. Search for persons wrongfully confined59. Persons in charge of closed places to allow search60. Magistrate issuing search warrant may attend at its execution61. Magistrate may direct search in his presence62. Search without warrant62A. Forfeiture of counterfeit coin62B. Forfeiture of counterfeit currency63. Summary search64. List of all things seized to be made and signed65. Occupant to be present at search

Chapter VII: Security for Keeping the Peace and for Good Behaviour

66. Security for keeping the peace on conviction66A. Security for keeping the peace by complainant67. Security for keeping the peace in other cases68. Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter69. Security for good behaviour from habitual offenders70. Summons or warrant if required71. Form of summons or warrant72. Power to dispense with personal attendance73. Inquiry to be held74. Order to give security75. Discharge of person informed against

Proceedings in All Cases Subsequent to Order to Furnish Security

76. Commencement of period for which security is required77. Contents of bond78. Power to reject sureties79. Imprisonment in default of security80. Power to release person imprisoned for failing to give security81. Magistrate to report in cases in which the security has been ordered by the High Court82. Discharge of sureties

Chapter VIII: Unlawful Assemblies

83. Who may order unlawful assembly to disperse84. Forcible dispersal of unlawful assemblies85–87. (Deleted)88. Protection against prosecution

Chapter IX: Public Nuisances

89. Magistrate may make conditional order for removal of nuisance90. Order to be served or notified91. Person against whom order is made to obey or appear and show cause92. Consequence of his failing to do so93. Procedure on appearance to show cause94. Procedure on order being made absolute95. Consequence of disobedience to order96. Injunction pending final decision97. 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 peace100. Power to attach subject of dispute101. Disputes concerning rights over land or water102. Order as to costs

Chapter XII: Preventive Action of the Police

103. Police to prevent seizable offences104. Information of design to commit seizable offences105. Arrest to prevent seizable offences106. Prevention of injury to public property

Chapter XIII

107. Information of offences108. Procedure in non-seizable cases108A. Admission of certified copy of information as evidence109. Investigation in seizable cases110. Procedure where seizable offence suspected111. Police officer’s power to require attendance of witnesses112. Examination of witnesses by police113. Admission of statements in evidence114. No discouragement from making statement to police115. Power to record statements and confessions116. Search by police officer117. Procedure where investigation cannot be completed within twenty-four hours118. Police officer may require bond for appearance of complainant and witnesses119. Diary of proceedings in investigation120. Report of police officer

Chapter XIV: Jurisdiction of Criminal Courts in Inquiries and Trials

121. Ordinary place of inquiry and trial122. Accused triable in place where act is done or where consequence ensues123. Place of trial where act is an offence by reason of relation to other offence124. Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable125. Where scene of offence is uncertain, etc.126. Offence committed on a journey127. When doubt arises High Court to decide127A. Liability for offences committed out of Malaysia127B. Power to direct copies of depositions and exhibits to be received in evidence

Conditions Requisite for Initiation of Proceedings

128. Cognizance of offences by Magistrates129. Sanction required for prosecution for certain offences130. Where complaint by Public Prosecutor is necessary131. Where complaint by person aggrieved132. Where complaint by husband

Chapter XV: Complaints to Magistrates

133. Examination of complainant134. Postponement of issue of process135. Dismissal of complaint

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

136. Issue of process137. 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 charge153. Particulars as to time, place and person154. When manner of committing offence must be stated155. Sense of words used in charge to describe offence156. Effect of errors157. (Deleted)158. Court may alter or add to charge159. When trial may proceed immediately after alteration or addition160. When new trial may be directed or trial suspended161. Stay of proceedings if prosecution of offence in altered charge requires previous sanction162. Recall of witnesses when charge altered163. Separate charges for distinct offences164. Three offences of same kind within twelve months may be charged together165. Trial for more than one offence166. Where it is doubtful what offence has been committed167. When a person charged with one offence can be convicted of another168. Person charged with an offence can be convicted of the attempt169. When offence proved is included in offence charged170. When persons may be charged jointly171. Withdrawal of remaining charges on conviction on one of several charges171A. Outstanding offences172. Charges to be in forms in Second Schedule

Chapter XIX: Summary Trials by Magistrates

173. Procedure in summary trials173A. Power to discharge conditionally or unconditionally174. Addresses175. Power to award compensation176. Particulars to be recorded177. Transfer of cases177A. Transmission of case to, and trial by, the High Court

Chapter XX: Trials before the High Court

178. Commencement of trial179. Opening case for prosecution180. Procedure after conclusion of case for prosecution181. Defence182. Reply182A. Procedure at the conclusion of the trial183. 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 convictions254. Public Prosecutor may decline to prosecute further at any stage255. Right of accused to be defended256. Court may put questions to accused257. Case for prosecution to be explained by Court to undefended accused258. Procedure where accused does not understand proceedings259. Power to postpone or adjourn proceedings260. Compounding offences261. Change of Magistrate during hearing262. Detention of offenders attending in Court263. Weekly or public holiday

Chapter XXV: Mode of Taking and Recording Evidence in Inquiries and Trials

264. Evidence to be taken in presence of accused265. Manner of recording evidence266. Recording evidence in summons cases267. Recording evidence in other cases268. Record to be in narrative form269. Reading over evidence and correction270. Interpretation of evidence to accused271. Remarks as to demeanour of witness272. Judge to take notes of evidence272A. Other persons may be authorized to take down notes of evidence

Chapter XXVI: Judgment

273. Mode of delivering judgment274. (Deleted)275. Sentence of death not to be passed on pregnant woman276. Judgment in the alternative277. Judgment of death278. Judgment not to be altered279. Judgment to be explained to accused and copy supplied280. Judgment to be filed with record

Chapter XXVII: Sentences and the Carrying Out of It

281. Provisions as to execution of sentences of death282. Provisions as to execution of sentences of imprisonment283. Provisions as to sentences of fine284. Suspension of execution in certain cases285. Warrant by whom issuable286. Place for executing sentence of whipping287. Time of executing such sentence288. Mode of executing such sentence289. Sentence of whipping forbidden in certain cases290. Medical Officer’s certificate required291. Procedure if whipping cannot be inflicted292. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment293. Youthful offenders294. First offenders294A. Conditions of bonds295. Sentence of police supervision296. Obligations of persons subject to supervision297. Penalty for non-compliance with section 296298. Application of law to orders for police supervision made outside the Malay States299. Return of warrant

Chapter XXVIII: Suspensions, Remissions and Commutations of Sentences

300. Power to suspend or remit sentence301. Power to commute punishment

Chapter XXIX: Previous Acquittals or Convictions

302. Person once convicted or acquitted not to be tried again for same offence303. Plea of previous acquittal or conviction

Chapter XXX: Appeals to the High Court

303A. Appeals from Sessions Courts304. Cases in which no appeal lies305. When plea of guilty limited right of appeal306. Appeal against acquittal307. Procedure for appeal308. Transmission of appeal record309. (Deleted)310. Appeal specially allowed in certain cases311. Stay of execution pending appeal312. Setting down appeal on list313. Procedure at hearing314. Non-appearance of respondent315. Arrest of respondent in certain cases316. Decision on appeal317. Order to take further evidence318. Judgment319. Certificate and consequence of judgment320. Death of parties to appeal321. (Deleted)322. Costs

Chapter XXXI: Revision

323. Power to call for records of subordinate Courts324. Power to order further inquiry325. Powers of Judge on revision326. Permission for parties to appear327. Orders on revision

Chapter XXXII: Inquiries of Death

328. Meaning of “cause of death”329. Duty of police officer to investigate death330. Duty of officer to arrange for post-mortem examination in certain cases331. Post-mortem examination of body332. Report of Government Medical Officer333. Duty of Magistrate on receipt of report334. Inquiry into cause of death of a person in custody of police or in any asylum335. Powers of Magistrate336. Magistrate may view body337. Inquiries to be made by Magistrate338. Evidence and finding to be recorded339. Power of Public Prosecutor to require inquiry to be held340. Admissibility of medical report in certain cases341. Custody of proceedings341A. Power to revise

Chapter XXXIII: Persons of Unsound Mind

342. Procedure where accused is suspected to be of unsound mind343. Certificate of Medical Superintendent344. Release of person of unsound mind pending investigation or trial345. Resumption of trial346. (Deleted)347. Judgment of acquittal on ground of mental disorder348. Safe custody of person acquitted349. Procedure where prisoner of unsound mind is reported able to make his defence350. Procedure where person of unsound mind is reported fit for discharge351. Delivery of person of unsound mind to care of relative352. 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 Court354. Record of facts constituting the offence355. Alternative procedure356. Power to remit punishment357. Refusal to give evidence358. Appeal359. 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 orders366. Form of application367. Affidavit, by whom signed368. Copy of warrant369. Defendant in custody under writ of attachment to be brought before Court370. Warrant to be prepared371. Service of warrant372. Attendance of prisoner in criminal case373. Duty of officer to whom warrant is addressed374. Appeal375. No application to banishment warrant

Chapter XXXVII: The Public Prosecutor

376. Public Prosecutor377. Conduct of prosecutions in Court378. No one to appear for Public Prosecutor379. Employment of advocate380. Prosecution by private persons380A. Sections 377 and 380 to prevail over other laws381–386. (Deleted)

Chapter XXXVIII: Bail

387. When person may be released on bail388. When person accused of non-bailable offence may be released on bail389. Amount of bond390. Bond to be executed391. Person to be released392. When warrant of arrest may be issued against person bailed393. Sureties may apply to have bond discharged394. Appeal

Chapter XXXIX: Special Provisions Relating to Evidence

395. Procedure where person able to give material evidence is dangerously ill396. Where person bound to give evidence intends to leave Malaysia397. Deposition of medical witness398. (Deleted)399. Reports of certain persons399A. Report of Central Bank on currency note or coin400. How previous conviction or acquittal may be proved401. Record of evidence in absence of accused402. (Deleted)402A. Notice to be given of defence of alibi

Chapter XL: Provisions as to Bonds

403. Deposit instead of bond404. Procedure on forfeiture of bond405. Appeal from orders406. 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 exhibits407. Order for disposal of property regarding which offence committed408. Direction instead of order409. Payment to innocent person of money found on accused410. Stay of order411. Destruction of libellous and other matter412. Restoration of possession of immovable property413. Procedure by police on seizure of property414. Procedure where no claim established415. Procedure where property is perishable or of small value416. Procedure where owner is absent

Chapter XLII: Transfer of Criminal Cases

417. High Court’s power to transfer cases418. Application for transfer to be supported by affidavit418A. Trials by High Court on a certificate by the Public Prosecutor418B. Cases to which section 418A is applicable

Chapter XLIII: Irregularities in Proceedings

419. Proceeding in wrong place, etc.420. Procedure when confession irregularly taken421. Omission to frame charge422. Irregularities not to vitiate proceedings423. Irregularity in distress

Chapter XLIV: Miscellaneous

424. Affidavits before whom sworn425. Power of Court to summon and examine persons426. Order for payment of costs of prosecution and compensation427. Payment of expenses of prosecutors and witnesses428. Rules as to rates of payment429. (Deleted)430. Reward for unusual exertion431. Compensation for family of person killed in arresting432. Provisions as to money payable as costs or compensation433. Copies of proceedings434. (Deleted)435. Power of police to seize property suspected of being stolen436. Person released on bail to give address for service437. Power to compel restoration of abducted persons438. Compensation for giving in charge groundlessly439. Magistrate not to act where interested440. Public servants not to bid at sales under this Code441. When receivers, etc., charged, evidence of other cases allowed442. When evidence of previous conviction may be given443. Forms444. Application of fines

Second Schedule: Forms

1. Summons to an Accused Person2. Warrant of Arrest3. Bond and Bail Bond after Arrest under a Warrant4. Proclamation Requiring the Appearance of a Person Accused5. Proclamation Requiring the Attendance of a Witness6. Order of Attachment to Compel the Attendance of a Witness7. Warrant in the First Instance to Bring up a Witness8. Warrant to Search after Information of a Particular Offence9. Warrant to Search Suspected Place of Deposit10. Bond to Keep the Peace11. Bond for Good Behaviour12. Order to Show Cause13. Summons on Information of a Probable Breach of the Peace14. Warrant of Commitment on Failure to Find Security to Keep the Peace15. Warrant of Commitment on Failure to Find Security for Good Behaviour16. Warrant to Discharge a Person Imprisoned on Failure to give Security17. Order for the Removal of Nuisances18. Notice and Peremptory Order by Magistrate after Order Absolute19. Injunction to Provide Against Imminent Danger Pending Decision20. Order of Magistrate Prohibiting the Repetition, etc., of a Nuisance21. Order of Magistrate to prevent Obstruction, Riot, etc.22. Order of Magistrate Declaring Party Entitled to Retain Possession of Land, etc., in Dispute23. 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 Water25. Bond to Prosecute or give Evidence26. Report of Police Investigation27. Charges28. Formal Part of Charges Tried Before the High Court29. Warrant of Commitment on a Sentence of Imprisonment or Fine30. Warrant of Imprisonment on Failure to Recover Amends by Distress31. Summons to a Witness32. (Deleted)33. Warrant of Commitment under Sentence of Death34. Warrant of Execution on a Sentence of Death35. Warrant to Levy a Fine by Distress and Sale36. Bond to Appear and Receive Judgment37. Warrant of Commitment in Certain Cases of Contempt when a Fine is Imposed38. Warrant of Commitment of Witness Refusing to Answer39. (Deleted)40. Warrant to Discharge a Person Imprisoned on Failure to give Security41. Warrant of Attachment to Enforce a Bond42. Notice to Surety on Breach of a Bond43. Notice to Surety of Forfeiture of Bond for Good Behaviour44. Warrant of Attachment against a Surety45. Warrant of Commitment of the Surety of an Accused Person Admitted to Bail46. Notice to the Principal of Forfeiture of a Bond to Keep the Peace47. Warrant to Attach the Property of the Principal on Breach of a Bond to Keep the Peace48. Warrant of Imprisonment on Breach of a Bond to Keep the Peace49. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour50. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour51. Form of Petition of Appeal52. Form of Warrant53. Form of Warrant54. Warrant to Bring up Prisoner to Give Evidence