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 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

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

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

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

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

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 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 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

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

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

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 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