(1) In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable that Magistrate may, by a written order stating the material facts of the case and served in the manner provided in section 90, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management if the Magistrate considers that the direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons lawfully employed, or danger to human life, health or safety, or a riot or any affray.

(2) An order under this section may in cases of emergency or in cases where the circumstances do not admit of the serving in due time of notice upon the person against whom the order is made be made ex parte.

(3) An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place.

(4) Any Magistrate may rescind or alter any order made under this section by himself or his predecessor in office.

(5) No order under this section shall remain in force for more than seven days from the making of it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/99.Procedure where dispute concerning land, etc., is likely to cause breach of peace

Part IV PREVENTION OF OFFENCES

Chapter XI DISPUTES AS TO IMMOVABLE PROPERTY

99. Procedure where dispute concerning land, etc., is likely to cause breach of peace

(1) Whenever a First Class Magistrate is satisfied, from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in the dispute to attend his Court in person or by advocate within a time to be fixed by the Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section and of section 101, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate directs, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits of the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary, and if possible decide whether any and which of the parties is then in actual possession of the said subject:

Provided that--

(5) Nothing in this section shall preclude any party so required to attend from showing that no such dispute as aforesaid exists or has existed, and in that case the Magistrate shall cancel the order and all further proceedings on it shall be stayed.

(6) If the Magistrate decides that one of the parties is then in actual possession of the said subject he shall issue an order declaring that party to be entitled to retain possession of it until evicted from it in due course of law, and forbidding all disturbance of such possession until such eviction.

(7) Proceedings under this section shall not abate by reason only of the death of any of the parties thereto.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/100.Power to attach subject of dispute

100. Power to attach subject of dispute

If the Magistrate decides that none of the parties is then in actual possession or is unable to satisfy himself as to which of them is then in actual possession of the subject of dispute he may attach it until a competent Civil Court has determined the rights of the parties thereto or the persons entitled to possession of it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/101.Disputes concerning rights over land or water

101. Disputes concerning rights over land or water

(1) Whenever a First Class Magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or prevent the doing of anything in or upon any land or water situate within the local limits of his jurisdiction he may inquire into the matter and may if it appears to him that the right exists make an order permitting that thing to be done or directing that it shall not be done, as the case may be, until the person objecting to that thing being done or claiming that it may be done obtains the decision of a competent Civil Court adjudging him to be entitled to prevent the doing of or to do that thing as the case may be.

(2) No order shall be made under this section permitting the doing of anything where the right to do that thing is exercisable at all times of the year unless the right has been exercised within three months next before the institution of the inquiry or, where the right is exercisable only at particular seasons, unless the right has been exercised during the season next before the institution of the enquiry.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/102.Order as to costs

102. Order as to costs

When any costs have been incurred by any party to a proceeding under this Chapter for witnesses' or advocates' fees or both the Magistrate giving a decision under section 99, 100 or 101 may assess such costs and direct by whom the same shall be paid, whether by that party or by any other party to the proceeding and whether in whole or in part or proportion.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/103.Police to prevent seizable offences

Part IV PREVENTION OF OFFENCES

Chapter XII PREVENTIVE ACTION OF THE POLICE

103. Police to prevent seizable offences

Every police officer may interpose for the purpose of preventing and shall to the best of his ability using all lawful means prevent the commission of any seizable offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/104.Information of design to commit seizable offences

104. Information of design to commit seizable offences

Every police officer receiving information of a design to commit any seizable offence shall communicate that information to the police officer to whom he is subordinate and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/105.Arrest to prevent seizable offences

105. Arrest to prevent seizable offences

A police officer knowing of a design to commit any seizable offence may arrest without orders from a Magistrate and without a warrant the person so designing if it appears to the officer that the commission of the offence cannot otherwise be prevented.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/106.Prevention of injury to public property

106. Prevention of injury to public property

A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public land-mark or buoy or other mark used for navigation.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/106A-106C.Omitted or Deleted Section

PART IV PREVENTION OF OFFENCES

Chapter XIIA - ANCILLARY INVESTIGATIVE POWERS IN RELATION TO TERRORISM OFFENCES

106A-106C. Omitted or Deleted Section

(Deleted by Act A1433).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/107.Information of offences

PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE

Chapter XIII

107. Information of offences

(1) Every information relating to the commission of an offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant.

(2) Every such information shall be entered in a book to be kept by that officer, who shall append to such entry the date and hour on which that information was given, and whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it.

(3) (a) Notwithstanding subsection (1), information given by a person relating to the commission of an offence to a police officer, who at the time of receiving the information is not in a police station, shall be deemed to be received at a police station. 

(b) A police officer receiving such information under paragraph (a) where practicable shall record or cause to be recorded the name and address of the informant, the date and time of the receipt of such information, and shall convey such information to an officer in charge of a police station or any police officer whose duty is to receive such information. 

(c) Such information shall be reduced to writing and entered in a book in accordance with subsections (1) and (2) and shall subsequently be signed by the person who gave the information. 

(4) A police officer shall be duty bound to receive any information in relation to any offence committed anywhere in Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/107A.Report on status of investigation

107A. Report on status of investigation

(1) Any person who has given information under section 107 may request for a report on the status of the investigation of the offence complained of in his information from the officer in charge of a police station where he gave the information,

(2) The officer in charge of a police station shall give a status report on the investigation of such offence to the informant not later than two weeks from the receipt of the request made under subsection (1).

(3) Notwithstanding subsection (2), no officer in charge of a police station shall be required to provide a status report on an investigation of an offence--

(4) Where a request has been made under subsection (1) and the officer in charge of the police station has failed to furnish the informant with a status report within the period specified in subsection (2), but subject to subsection (3), the informant may make a report to the Public Prosecutor of the failure.

(5) Upon receipt of the report under subsection (4), the Public Prosecutor shall direct the Officer in charge of the Police District to furnish him with a detailed status report on the investigation that has been conducted by the police in relation to the offence in the information given by the informant.

(6) The Public Prosecutor shall cause to be furnished to the informant, or direct the Officer in charge of the Police District to furnish to the informant, a status report containing such information as may be directed by the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/108.Procedure in non-seizable cases

108. Procedure in non-seizable cases

(1) When the information aforesaid relates to the commission of a non-seizable offence that officer shall refer the informant to a Magistrate.

(2) No police officer shall in a non-seizable case exercise any of the special powers in relation to police investigations given by this Chapter without the order of the Public Prosecutor.

(3) Any police officer not below the rank of Sergeant or any officer in charge of a police station receiving such order may exercise the same powers in respect of the investigation, except the power to arrest without warrant, as that police officer may exercise without an order in a seizable case.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/108A.Admission of certified copy of information as evidence

108A. Admission of certified copy of information as evidence

In any proceeding under this Code a copy of an entry relating to an information reduced to writing under the provisions of section 107, and purporting to be certified to be a true copy by the Officer in Charge of the Police District in which the police station where the information given is situated, shall be admitted as evidence of the contents of the original and of the time, place and manner in which the information was so recorded.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/109.Investigation in seizable cases

109. Investigation in seizable cases

(1) Any police officer not below the rank of Sergeant or any officer in charge of a police station may without the order of the Public Prosecutor exercise all or any of the special powers in relation to police investigations given by this Chapter in any seizable case.

(2) Any stage be called in question on the ground that the case was one in which that officer was not empowered under this section to exercise the special powers of police investigations given by this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/110.Procedure where seizable offence suspected

110. Procedure where seizable offence suspected

(1) If from information received or otherwise a police officer not below the rank of Sergeant or an officer in charge of a police station has reason to suspect the commission of a seizable offence he shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, immediately send a report of the same to the Public Prosecutor, and shall proceed in person or shall depute one of his subordinate officers to proceed to the spot to inquire into the facts and circumstances of the case and to take such measures as may be necessary for the discovery and, where not inexpedient, arrest of the offender:

Provided as follows--

(2) In each of the cases mentioned in paragraphs (a) and (b) the police officer receiving the information shall state in his said report, if any, his reasons for not fully complying with subsection (1).

(3) Where a police officer exercises the power of deputation given by subsection (1) the subordinate officer so deputed shall not be entitled to use any of the powers given by sections 111, 112, 116 and 117.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/111.Police officer's power to require attendance of witnesses

111. Police officer's power to require attendance of witnesses

(1) A police officer making an investigation under this Chapter may by order in writing require the attendance before himself of any person who from the information given or otherwise appears to be acquainted with the circumstances of the case, and that person shall attend as so required.

(2) If any such person refuses to attend as so required that police officer may report such refusal to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order.

(3) (Deleted by Act A1274).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/112.Examination of witnesses by police

112. Examination of witnesses by police

(1) A police officer making a police investigation under this Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2) Such person shall be bound to answer all questions relating to the case put to him by that officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) A police officer examining a person under subsection(1) shall first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by any person under this section shall, whenever possible, be taken down in writing and signed by the person making it or affixed with his thumb print as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/113.Admission of statements in evidence

113. Admission of statements in evidence

(1) Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course of a police investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5) When any person is charged with any offence in relation to--

of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution's case.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/114.No discouragement from making statement to police

114. No discouragement from making statement to police

No police officer or other person shall prevent or discourage any person from making in the course of a police investigation under this Chapter any statement which he may be disposed to make of his own free will.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/115.Omitted or Deleted Section

115. Omitted or Deleted Section

(Deleted by Act A1274).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116.Search by police officer

116. Search by police officer

(1) Whenever a police officer making a police investigation considers that the production of any document or other thing is necessary to the conduct of an investigation into any offence which he is authorized to investigate and there is reason to believe that the person to whom a summons or order under section 51 has been or might be issued will not or would not produce the document or other thing as directed in the summons or order or when the document or other thing is not known to be in the possession of any person, the officer may search or cause search to be made for the same in any place.

(2) That officer shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any officer subordinate to him to make the search, and he shall deliver to the subordinate officer an order in writing specifying the document or other thing for which search is to be made and the place to be searched, and the subordinate officer may then search for the thing in that place.

(4) The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116A.Search and seizure without warrant

116A. Search and seizure without warrant

(1) Whenever it appears to any police officer not below the rank of Inspector that there is reasonable cause to suspect that there is concealed or deposited in any place any evidence of the commission of a security offence or any offence relating to an organized crime and such police officer has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, the object of the search is likely to be frustrated, he may--

(2) Whenever it is necessary so to do, a police officer conducting a search under subsection (1) may--

(3) No person who is detained under paragraph (2)(c) shall be searched except by a person who is of the same gender as the person to be searched.

(4) For the purpose of this section, "security offence" means a security offence as specified under the First Schedule to the Security Offences (Special Measures) Act 2012 [Act 747].

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116B.Access to computerized data.

116B. Access to computerized data.

(1) A police officer not below the rank of Inspector conducting a search under this Code shall be given access to computerized data whether stored in a computer or otherwise.

(2) Any information obtained under subsection (1) shall be admissible in evidence notwithstanding any other provisions in any written law to the contrary.

(3) For the purpose of this section, "access" includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/116C.Interception of communication and admissibility of intercepted communications

116C. Interception of communication and admissibility of intercepted communications

(1) Notwithstanding any written law to the contrary, the Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of an offence, may authorize a police officer--

(2) The Public Prosecutor, if he considers that any communication is likely to contain any information relating to the commission of an offence, may--

(3) Where any person is charged with an offence, any information obtained under subsection (1) or (2), whether before or after such person is charged, shall be admissible in evidence at his trial.

(4) An authorization by the Public Prosecutor under this section may be given either orally or in writing, but if an oral authorization is given, the Public Prosecutor shall as soon as practicable reduce the authorization in writing.

(5) The Court shall take cognizance of any authorization by the Public Prosecutor under this section.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/117.Procedure where investigation cannot be completed within twenty-four hours

117. Procedure where investigation cannot be completed within twenty-four hours

(1) Whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 28 and there are grounds for believing that the accusation or information is well founded the police officer making the investigation shall immediately transmit to a Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case and shall at the same time produce the accused before the Magistrate.

(2) The Magistrate before whom an accused person is produced under this section may, whether he has or has no jurisdiction to try the case, authorize the detention of the accused in such custody as follows:

(3) The officer making the investigation shall state in the copy of the entries in the diary referred to in subsection (1), any period of detention of the accused immediately prior to the application, whether or not such detention relates to the application.

(4) The Magistrate, in deciding the period of detention of the accused person, shall take into consideration any detention period immediately prior to the application, whether or not such detention relates to the application.

(5) The Magistrate in deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.

(6) If the Magistrate has no jurisdiction to try the case and considers further detention unnecessary he may order the accused person to be produced before a Magistrate having such jurisdiction or, if the case is triable only by the High Court, before himself or another Magistrate having jurisdiction with a view to transmission for trial by the High Court.

(7) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/118.Police officer may require bond for appearance of complainant and witnesses

118. Police officer may require bond for appearance of complainant and witnesses

(1) If upon a police investigation made under this Chapter it appears to the officer making the investigation that there is sufficient evidence or reasonable ground of suspicion to justify the commencement or continuance of criminal proceedings against any person, the officer shall require the complainant, if any, and so many of the persons who appear to the officer to be acquainted with the circumstances of the case, as he thinks necessary, to execute a bond to appear before a Magistrate's Court therein named and give evidence in the matter of the charge against the accused.

(2) The officer in whose presence the bond is executed shall send it to the Magistrate's Court.

(3) If any complainant or witness refuses to execute the bond, that officer shall report the same to the Magistrate's Court which may then in its discretion issue a warrant or summons to secure the attendance of the complainant or witness before itself to give evidence in the matter of the charge against the accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/119.Diary of proceedings in investigation

119. Diary of proceedings in investigation

(1) Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth--

(2) Notwithstanding anything contained in the Evidence Act 1950, an accused person shall not be entitled, either before or in the course of any inquiry or trial, to call for or inspect any such diary:

Provided that if the police officer who has made the investigation refers to the diary for the purposes of section 159 or 160 of that Act, such entries only as the officer has referred to shall be shown to the accused, and the Court shall at the request of the officer cause any other entries to be concealed from view or obliterated.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/120.Report of police officer

120. Report of police officer

(1) Every police investigation under this Chapter shall be completed without unnecessary delay, and the officer making the investigation shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, submit to the Public Prosecutor a report of his investigation together with the investigation papers in respect of such investigation within one week of the expiry of the period of three months from the date of the information given under section 107.

(2) Notwithstanding subsection (1), the Public Prosecutor may at any time, regardless that the period of three months mentioned in subsection (1) has not expired, direct the officer making the investigation or the Officer in charge of the Police District to submit to the Public Prosecutor a report in the form in the Second Schedule and the investigation papers in respect of the police investigation.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/121.Ordinary place of inquiry and trial

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIV JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

121. Ordinary place of inquiry and trial

Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/122.Accused triable in place where act is done or where consequence ensues

122. Accused triable in place where act is done or where consequence ensues

When a person is accused of the commission of any offence by reason of anything which he has done and of any consequence which has ensued, the offence may be inquired into or tried by a Court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.

ILLUSTRATION

(a) A is wounded within the local limits of the jurisdiction of the Court of X and dies within those of the Court of Y. The offence of culpable homicide of A may be inquired into by the Court of either X or Y . 

(b) A is wounded in the local limits of the jurisdiction of the Court of X and is during ten days more within the local limits of the Court of Y, and during ten days more within the local limits of the jurisdiction of the Court of Z, unable in the local limits of the jurisdiction of the Court of either Y or Z to follow his ordinary pursuits. The offence of unlawfully causing grievous hurt to A may be inquired into or tried by the Court of either X, Y, or Z. 

(c) A is put in fear of injury within the local limits of the jurisdiction of the Court of X and is thereby induced within the local limits of the jurisdiction of the Court of Y to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried by the Court of either X, or Y. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/123.Place of trial where act is an offence by reason of relation to other offence

123. Place of trial where act is an offence by reason of relation to other offence

When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the person was capable of committing an offence a charge of the first mentioned offence may be inquired into or tried by a Court within the local limits of whose jurisdiction either act was done.

ILLUSTRATION

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed or by the Court within the local limits of whose jurisdiction the offence abetted was committed. 

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limit of whose jurisdiction the goods were stolen or by the Court within the local limits of whose jurisdiction they were at any time dishonestly received or retained. 

(c) A charge of wrongfully concealing a person known to have been kidnapped may be inquired into by the Court within the local limits of whose jurisdiction the wrongful concealing or by the Court within the local limits of whose jurisdiction the kidnapping took place. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/124.Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable

124. Offences of escaping from custody, of criminal misappropriation or criminal breach of trust and of stealing, where triable

(1) The offence of having escaped from custody may be inquired into or tried by a Court within the local limits of whose jurisdiction the alleged escape occurred or a Court within the local limits of whose jurisdiction the person charged with escaping was apprehended after the alleged escape.

(2) The offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within the local limits of whose jurisdiction any part of the property which is subject of the offence was received by the accused person, or the offence was committed.

(3) The offence of stealing anything may be inquired into or tried by a Court within the local limits of whose jurisdiction such thing was stolen or was possessed by the thief, or by any person who receives or retains the same knowing or having reason to believe it to be stolen.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/125.Where scene of offence is uncertain, etc.

125. Where scene of offence is uncertain, etc.

If--

it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/126.Offence committed on a journey

126. Offence committed on a journey

An offence committed while the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127.When doubt arises High Court to decide

127. When doubt arises High Court to decide

Whenever any doubt arises as to the Court by which any offence should under the preceding provisions of this Chapter be inquired into or tried the High Court may--

decide by which Court the offence shall be inquired into or tried:

Provided that before the decision is taken by the High Court the Public Prosecutor and the person charged shall be entitled to be heard.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127A.Liability for offences committed out of Malaysia

127A. Liability for offences committed out of Malaysia

(1) Any offence under Chapters VI, VIA and VIB of the Penal Code, 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 Malaysia committed, as the case may be--

may be dealt with as if it had been committed at any place within Malaysia:

Provided--

(i) that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Malaysia unless a diplomatic officer, if there is one, in the territory in which the offence is alleged to have been committed certifies that, in his opinion, the charge ought to be inquired into in Malaysia; and, 

where there is no diplomatic officer, the sanction of the Public Prosecutor shall be required:

(2) For the purposes of this section the expression "permanent resident" has the meaning assigned by the Courts of Judicature Act 1964.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/127B.Power to direct copies of depositions and exhibits to be received in evidence

127B. Power to direct copies of depositions and exhibits to be received in evidence

Wherever any such offence as is referred to in section 127A is being inquired into or tried, the Public Prosecutor may, if he thinks fit, direct that copies of depositions made or exhibits produced before the diplomatic officer in or for the territory in which the offence is alleged to have been committed shall be received as evidence by the Court holding the inquiry or trial in any case in which the Court might issue a commission for taking evidence as to the matter to which the depositions or exhibits relate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/128.Cognizance of offences by Magistrates

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIV JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

Conditions Requisite for Initiation of Proceedings

128. Cognizance of offences by Magistrates

(1) Subject to this Code, a Magistrate may take cognizance of an offence--

(2) When a Magistrate takes cognizance of an offence under paragraph (b) the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by that Magistrate but shall be tried by another Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/129.Sanction required for prosecution for certain offences

129. Sanction required for prosecution for certain offences

(1) Except in the case of complaints laid by the Public Prosecutor no Court shall take cognizance--

(2) The provisions of subsection (1) with reference to the offences named in it apply also to the abetment of those offences and attempts to commit them.

(3) The sanction referred to in this section shall be in writing and may be expressed in general terms and need not name the accused person, but it shall so far as practicable specify the Court or other place in which and the occasion on which the offence was committed.

(4) When a sanction is given in respect of any offence referred to in this section the Court taking cognizance of the case may frame a charge of any other offence so referred to which is disclosed by the facts.

(5) No such sanction shall remain in force unless acted upon within one month from the date on which it was given.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/130.Where complaint by Public Prosecutor is necessary

130. Where complaint by Public Prosecutor is necessary

No Court shall take cognizance of any offence punishable under Chapter VI of the Penal Code, except section 127, or punishable under section 108A, 298A or 505 of the Penal Code unless upon complaint made by the Public Prosecutor or by some officer empowered by him on that behalf.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/131.Where complaint by person aggrieved

131. Where complaint by person aggrieved

No Court shall take cognizance of an offence falling under Chapter XIX or Chapter XXI of the Penal Code or under sections 493 to 496 both inclusive, except upon a complaint made by some person aggrieved by the offence or by the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/132.Where complaint by husband

132. Where complaint by husband

No Court shall take cognizance of an offence under section 498 of the Penal Code except upon a complaint made by the husband of the woman.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/133.Examination of complainant

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XV COMPLAINTS TO MAGISTRATES

133. Examination of complainant

(1) When a Magistrate takes cognizance of an offence on a complaint--

(1A) Notwithstanding subsection (1), the Public Prosecutor may at any stage of the examination direct the police to investigate the offence complained of and to report thereon to the Public Prosecutor.

(1B) If the Public Prosecutor directs the police to investigate the offence complained of, the Magistrate shall not proceed with the examination of the complainant.

(2) This section shall not apply to a complaint of an offence where a summons is applied for in a summons case made by a police officer, public officer or public servant acting in his official capacity.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/134.Postponement of issue of process

134. Postponement of issue of process

(1) If the Magistrate sees reason to doubt the truth of a complaint of an offence of which he is authorized to take cognizance he may, when the complainant has been examined, record his reason for doubting the truth of the complaint and may then postpone the issue of process for compelling the attendance of the person complained against and either inquire into the case himself or direct some police officer to make inquiries for the purpose of ascertaining the truth or falsehood of the complaint and report to him and to the Public Prosecutor the result of those inquiries.

(2) If the Magistrate decides to inquire into the case himself in accordance with subsection (1), the Magistrate shall serve on the Public Prosecutor a notice in writing at least seven clear days before the date of the inquiry and the Public Prosecutor may appear and assist the Magistrate in such inquiry.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/135.Dismissal of complaint

135. Dismissal of complaint

(1) The Magistrate before whom a complaint is made may dismiss the complaint if after examining the complainant and recording his examination and considering the result of the inquiry, if any, made under section 134, there is in his judgment no sufficient ground for proceeding.

(2) The Magistrate if he dismisses the complaint shall record his reasons for so doing.

(3) Notwithstanding subsections (1) and (2), the Public Prosecutor may, if he thinks fit, inform the Magistrate that no prosecution shall proceed in respect of the offence complained of, and thereupon the Magistrate shall dismiss the complaint.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/136.Issue of process

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVI COMMENCEMENT OF PROCEEDINGS BEFORE A MAGISTRATE'S COURT

136. Issue of process

(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding and the case appears to be one in which according to the fourth column of the First Schedule a summons should issue in the first instance, he shall issue a summons for the attendance of the accused.

(2) If the case appears to be one in which according to that column a warrant should issue in the first instance, he may issue a warrant or if he thinks fit, a summons for causing the accused to be brought or to appear at a certain time before himself or some other Magistrate having jurisdiction.

(3) Nothing in this section shall be deemed to affect section 47.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/137.Personal attendance of accused may be dispensed with

137. Personal attendance of accused may be dispensed with

(1) Whenever a Magistrate issues a summons, he may, at his discretion, by indorsement thereon or footnote thereto, dispense, subject to such conditions as he may deem fit to impose, with the personal attendance of the accused and permit him to appear by advocate.

(2) In any case relating to an offence punishable by fine only or by imprisonment only of a term not exceeding three months or by both fine and imprisonment not exceeding three months and in which a Magistrate has issued a summons, an accused person desiring to plead guilty and be convicted and sentenced in his absence may appear by advocate, or may by letter addressed to the Magistrate plead guilty and submit to pay any fine which may be imposed in respect of that offence and the Magistrate may thereupon record a plea of guilty and convict him according to law, and may sentence him to a fine with or without a sentence of imprisonment in default of payment of the fine.

(3) In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the Magistrate shall inform the accused by letter sent by registered post to that address of the sentence imposed. Any fine so imposed shall be paid by the accused within seven days from the day on which the Magistrate's letter was delivered at that address in the ordinary course of post.

(4) The Magistrate inquiring into or trying the case may in his discretion at any stage of the proceedings direct the personal attendance of the accused, and if necessary enforce the attendance in the manner hereinbefore provided.

(5) A sentence of imprisonment without the option of a fine shall not be pronounced in the absence of the accused but the Magistrate, if he intends to pass such a sentence, shall direct and enforce the personal attendance of the accused in accordance with subsection(4), and upon the attendance may, subject to subsection (6), pass sentence according to law.

(6) Upon the accused appearing as aforesaid the Magistrate shall, if the accused desires to withdraw his plea of guilty and claim trial, and notwithstanding any order of conviction made in his absence, permit the accused to withdraw such plea and shall thereupon hear and determine the case and, if the accused is convicted, pass sentence according to law.

(7) Nothing in this section contained shall affect the powers of the Court conferred by paragraph 173 (o).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/138--151.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVII PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH COURT

138--151. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/151A- -151B.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIA SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASES TRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS LEGALLY REPRESENTED

151A- -151B. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/152.Form of charge

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIII - THE CHARGE

152. Form of charge

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) If the accused has been previously convicted of any offence, and it is intended to prove that previous conviction for the purpose of increasing the punishment which the Court is competent to award, the fact, date and place of the previous conviction shall be stated in the charge. If the statement is omitted the Court may add it at any time before sentence is passed.

ILLUSTRATION

 (a) A is charged with the murder of B . This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Penal Code; that it did not fall within any of the general exceptions of the same Code and that it did not fall within any of the five exceptions to section 300, or that if it did fall within exception 1, one or other of the three provisos to that exception applied to it. 

(b) A is charged under section 326 of the Penal Code with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the Penal Code, and that the general exceptions did not apply to it. 

(c) A is accused of murder, cheating, theft, extortion, criminal intimidation, or using a false property-mark. The charge may state that A committed murder or cheating or theft or extortion or criminal intimidation or that he used a false property-mark without reference to the definitions of those crimes contained in the Penal Code; but the sections under which the offence is punishable must in each instance be referred to in the charge. 

(d) A is charged under section 184 of the Penal Code with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/153.Particulars as to time, place and person

153. Particulars as to time, place and person

(1) The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money it shall be sufficient to specify the gross sum in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 164:

Provided that the time included between the first and last of such dates shall not exceed one year.

(3) When the accused is charged with an offence relating to publication by electronic means, the place of publication is where the publication is seen, heard or read by any person.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/154.When manner of committing offence must be stated

154. When manner of committing offence must be stated

When the nature of the case is such that the particulars mentioned in sections 152 and 153 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

ILLUSTRATION

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. 

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. 

(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. 

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. 

(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. 

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed. 

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/155.Sense of words used in charge to describe offence

155. Sense of words used in charge to describe offence

In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which that offence is punishable.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/156.Effect of errors

156. Effect of errors

No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded, at any stage of the case, as material unless the accused was in fact misled by that error or omission.

 ILLUSTRATION

 (a) A is charged under section 242 of the Penal Code with "having been in possession of counterfeit coin, having known at the time when he became possessed of it that the coin was counterfeit" the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission the error shall not be regarded as material. 

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses, and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. 

(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from these facts that the omission to set out the manner of the cheating was, in this case, a material error. 

(d) A is charged with the murder of John Smith on 6 June 1910. In fact the murdered person's name was James Smith and the date of the murder was 5 June 1910. A was never charged with any murder but one, and had heard the inquiry before the Magistrate which referred exclusively to the case of James Smith. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. 

(e) A was charged with murdering James Smith on 5 June 1910, and John Smith (who tried to arrest him for that murder) on 6 June 1910. When charged for the murder of James Smith he was tried for the murder of John Smith. The witnesses present in his defence were witnesses in the case of James Smith. The Court may infer from this that A was misled and that the error was material. 

157. Omitted or Deleted Section

(Deleted by Act A1132).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/158.Court may alter or add to charge

158. Court may alter or add to charge

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/159.When trial may proceed immediately after alteration or addition

159. When trial may proceed immediately after alteration or addition

If a charge is framed or alteration or addition made under either section 157 or 158, the Court shall immediately call upon the accused to plead thereto and to state whether he is ready to be tried on the charge or altered or added charge. If the accused declares that he is not ready, the Court shall duly consider the reasons he may give and if proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after the charge or alteration or addition has been framed or made, proceed with the trial as if the new or altered or added charge had been the original charge.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/160.When new trial may be directed or trial suspended

160. When new trial may be directed or trial suspended

If the new or altered or added charge is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/161.Stay of proceedings if prosecution of offence in altered charge requires previous sanction

161. Stay of proceedings if prosecution of offence in altered charge requires previous sanction

If the offence stated in the new or altered or added charge is one for the prosecution of which previous sanction is necessary the case shall not be proceeded with until the sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the new or altered charge is founded.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/162.Recall of witnesses when charge altered

162. Recall of witnesses when charge altered

Whenever a charge is altered or added by the Court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine, with reference to the alteration or addition, any witness who may have been examined, and may also call any further evidence which may be material.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/163.Separate charges for distinct offences

163. Separate charges for distinct offences

For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately, except in the cases mentioned in sections 164, 165, 166 and 170.

ILLUSTRATION

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/164.Three offences of same kind within twelve months may be charged together

164. Three offences of same kind within twelve months may be charged together

(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with and tried at one trial for any number of them not exceeding three.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Penal Code, or of any other law for the time being in force:

Provided that, for the purpose of this section, an offence punishable under section 379, 380, 382, 392, 393, 394, 395, 396 or 397 of the Penal Code shall be deemed to be an offence of the same kind as an offence punishable under any other of the said sections, and that an offence punishable under any section of the Penal Code or of any other law for the time being in force shall be deemed to be an offence of the same kind as an attempt to commit such an offence, when such an attempt is an offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/165.Trial for more than one offence

165. Trial for more than one offence

(1) If in one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence.

(2) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with and tried at one trial for each of those offences.

(3) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with and tried at one trial for the offence constituted by those acts when combined, or for any offence constituted by any one or more of those acts.

(4) Nothing contained in this section shall affect section 71 of the Penal Code.

 ILLUSTRATIONS

to subsection (1)

 (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with and tried for offences under sections 225 and 333 of the Penal Code. 

(b) A has in his possession several seals, knowing them to be counterfeit, and intending to use them for the purpose of committing several forgeries punishable under section 446 of the Penal Code. A may be separately charged with and convicted of the possession of each seal under section 473 of the Penal Code. 

(c) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding; and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with and convicted of two offences under section 211 of the Penal Code. 

(d) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of offences under sections 211 and 194 of the Penal Code. 

(e) A, with six others, commits the offence of rioting, grievous hurt, and assaulting a public servant endeavouring, in the discharge of his duty as such, to suppress the riot. A may be separately charged with and convicted of offences under sections 145, 325 and 152 of the Penal Code. 

(f) A threatens B, C and D at the same time with injury to their persons, with intent to cause alarm to them. A may be separately charged with and convicted of each of the three offences under section 506 of the Penal Code. 

The separate charges referred to in illustrations (a) to (f) , respectively, may be tried at the same time. to subsection (2)

 (g) A wrongfully smallcapss B with a cane. A may be separately charged with and convicted of offences under sections352 and 323 of the Penal Code. 

(h) Several stolen sacks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain pit. A and B may be separately charged with and convicted of offences under sections 411 and 414 of the Penal Code. 

(i) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with and convicted of offences under sections 317 and 304 of the Penal Code. 

(j) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 167 of the Penal Code. A may be separately charged with and convicted of offences under sections471 (read with 466) and 196 of the Penal Code.  

to subsection(3)

(k) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with and convicted of offences under sections 323, 392 and 394 of the Penal Code. 

166. Where it is doubtful what offence has been committed

If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of those offences; and any number of the charges may be tried at once, or he may be charged in the alternative with having committed some one of the said offences. 

ILLUSTRATION

 (a) A is accused of an act which may amount to theft or receiving stolen property or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust, and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust, or cheating. 

(b) A states on oath before the committing Magistrate that he saw B hit C with a club. Before the High Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence although it cannot be proved which of these contradictory statements was false. 

167. When a person charged with one offence can be convicted of another

If in the case mentioned in section 166 the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed although he was not charged with it.

ILLUSTRATION

A is charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust, or of receiving stolen goods (as the case may be) though he was not charged with such offence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/168.Person charged with an offence can be convicted of the attempt

168. Person charged with an offence can be convicted of the attempt

When the accused is charged with an offence he may be convicted of having attempted to commit that offence, although the attempt is not separately charged.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/169.When offence proved is included in offence charged

169. When offence proved is included in offence charged

(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he is not charged with it.

(3) Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 131 or 132 of this Code when no complaint has been made as required by those sections.

 ILLUSTRATION

 (a) A is charged under section 407 of the Penal Code with criminal breach of trust in respect of property entrusted to him as a carrier. It appears that he did commit criminal breach of trust under section 406 in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406. 

(b) A is charged under section 325 of the Code with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code. 

170. When persons may be charged jointly

(1) When more persons than one are accused of the same offence or of different offences committed in the same transaction, or when one person is accused of committing an offence and another of abetment of or attempt to commit the same offence, they may be charged and tried together or separately as the Court thinks fit, and the provisions contained in the former part of this Chapter shall apply to all the charges.

 ILLUSTRATION

(a) A and B are accused of the same murder. A and B may be charged and tried together for the murder. 

(b) A and B are both charged with a theft, and B is charged with two other thefts committed by him in the course of the same transaction. A and B may be both tried together on a charge charging both with the one theft and B alone with the two other thefts. 

(c) A and B, being members of opposing factions in a riot, should be charged and tried separately. 

(d) A and B are accused of giving false evidence in the same proceeding. They should be charged and tried separately. 

(2) Persons accused of an offence which includes theft, extortion, criminal breach of trust, cheating or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first named persons, or of abetment of or attempting to commit any such last-named offence, may be charged and tried together.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/171.Withdrawal of remaining charges on conviction on one of several charges

171. Withdrawal of remaining charges on conviction on one of several charges

(1) When more charges than one are made against the same person and when a conviction has been had on one or more of them, the officer conducting the prosecution may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into or trial of the charge or charges.

(2) Such withdrawal or stay shall have the effect of an acquittal on such charge or charges, unless the conviction is set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn or not proceeded with.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/171A.Outstanding offences

171A. Outstanding offences

(1) Where in any criminal proceedings instituted by or on behalf of the Public Prosecutor the accused is found guilty of an offence, the Court, in determining and in passing sentence, may, with the consent of the prosecutor and the accused, take into consideration any other outstanding offence or offences which the accused admits to have committed:

Provided that, if any criminal proceedings are pending in respect of any such outstanding offence or offences and those proceedings were not instituted by or on behalf of the Public Prosecutor, the Court shall first be satisfied that the person or authority by whom those proceedings were instituted consents to that course.

(2) When consent is given as in subsection (1) and an outstanding offence is taken into consideration, the Court shall enter or cause an entry to that effect to be made on the record and upon sentence being pronounced the accused shall not, unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172.Charges to be in forms in Second Schedule

172. Charges to be in forms in Second Schedule

(1) All charges upon which persons are tried before the High Court shall be brought in the name of the Public Prosecutor, and be as nearly as possible in accordance with the forms in the Second Schedule and shall be signed by the Public Prosecutor or by some person authorized by him in that behalf, and in the latter case the words "By authority of the Public Prosecutor" shall be prefixed to the signature.

(2) The proceedings shall not abate or determine by reason of the death or removal from office of the Public Prosecutor.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/172A.Pre-trial conference

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XVIIIA PRE-TRIAL PROCESSES

172A. Pre-trial conference

(1) An accused who is charged with an offence and claims to be tried shall, by an advocate representing him, participate in a pre-trial conference with the prosecution before the commencement of the case management.

(2) A pre-trial conference shall commence within thirty days from the date the accused was charged in court or any reasonable time before the commencement of the case management. 

(3) A pre-trial conference may be conducted by any means and at any venue as may be agreed upon by the advocate representing the accused and the prosecution. 

(4) During the pre-trial conference, an advocate representing an accused may discuss with the prosecution the following matters relating to the case:

(5) All matters agreed upon in the pre-trial conference by the advocate and the prosecution shall be reduced into writing and signed by the accused, the advocate and the prosecution.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172B.Case management

172B. Case management

(1) A Magistrate, Sessions Court Judge or Judge of the High Court, as the case may be, shall commence a case management process within sixty days from the date of the accused being charged and claims to be tried.

(2) At the case management, the Magistrate, Sessions Court Judge or Judge shall--

(3) A subsequent case management, if necessary, may be held not less than two weeks before the commencement of the trial.

(4) The trial shall commence not later than ninety days from the date of the accused being charged.

(5) Notwithstanding subsections (1) and (4), a failure for the case management or the trial to commence according to the time period specified in the subsections shall not--

(a) render the charge or prosecution against the accused as defective or invalid; or 

(b) be considered as a ground for appeal, review or revision. 

(6) Notwithstanding the provisions of the Evidence Act 1950, all matters that have been reduced into writing and duly signed by the accused, his advocate and the prosecution under subsection 172A(5) shall be admissible in evidence at the trial of the accused.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172C.Plea bargaining

172C. Plea bargaining

(1) An accused charged with an offence and claims to be tried may make an application for plea bargaining in the Court in which the offence is to be tried.

(2) The application under subsection (1) shall be in Form 28A of the Second Schedule and shall contain--

(3) Upon receiving an application made under subsection (1), the Court shall issue a notice in writing to the Public Prosecutor and to the accused to appear before the Court on a date fixed for the hearing of the application.

(4) When the Public Prosecutor and the accused appear on the date fixed for the hearing of the application under subsection (3), the Court shall examine the accused in camera--

(a) where the accused is unrepresented, in the absence of the Public Prosecutor; or 

(b) where the accused is represented by an advocate, in the presence of his advocate and the Public Prosecutor, as to whether the accused has made the application voluntarily.

(5) Upon the Court being satisfied that the accused has made the application voluntarily, the Public Prosecutor and the accused shall proceed to mutually agree upon a satisfactory disposition of the case.

(6) If the Court is of the opinion that the application is made involuntarily by the accused, the Court shall dismiss the application and the case shall proceed before another Court in accordance with the provisions of the Code.

(7) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor, the satisfactory disposition shall be put into writing and signed by the accused, his advocate if the accused is represented, and the Public Prosecutor, and the Court shall give effect to the satisfactory disposition as agreed upon by the accused and the Public Prosecutor.

(8) In the event that no satisfactory disposition has been agreed upon by the accused and the Public Prosecutor under this section, the Court shall record such observation and the case shall proceed before another Court in accordance with the provisions of the Code.

(9) In working out a satisfactory disposition of the case under subsection (5), it is the duty of the Court to ensure that the plea bargaining process is completed voluntarily by the parties participating in the plea bargaining process.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172D.Disposal of the case

172D. Disposal of the case

(1) Where a satisfactory disposition of the case has been agreed upon by the accused and the Public Prosecutor under section 172C, the Court shall, in accordance with law, dispose of the case in the following manner:

(3) Subparagraph (1)(c)(ii) shall not apply where--

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172E.Finality of the judgement

172E. Finality of the judgement

When an accused has pleaded guilty and has been convicted by the Court under section 172D, there shall be no appeal except to the extent and legality of the sentence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172F.Statements of, or facts stated by, accused not to be used for any other purpose

172F. Statements of, or facts stated by, accused not to be used for any other purpose

Notwithstanding anything contained in any law, the statements of or facts stated by an accused in an application for a plea bargaining under section 172C shall not be used for any other purpose except for the making of such application.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/172G.Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty

172G. Subparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty

Where an accused pleads guilty at any time before the commencement of his trial, the Court shall sentence the accused in accordance with subparagraph 172D(1)(c)(ii).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/173.Procedure in summary trials

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XIX SUMMARY TRIALS BY MAGISTRATES

173. Procedure in summary trials

The following procedure shall be observed by Magistrates in summary trials:

(1) Notwithstanding anything contained in section 173, the Court shall have the powers contained in this section.

(2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either--

(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss (not exceeding the sum of fifty ringgit) or to pay the costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.

(4) An order under this section shall for the purpose of revesting or restoring stolen property, and of enabling the Court to make such order as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with the restitution or delivery, have the like effect as a conviction for an offence committed in respect of such property.

(5) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.

(6) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate who may--

(a) either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence whichever shall first happen; or 

(b) admit him to bail with a sufficient surety conditioned on his appearing for judgment. 

(7) The offender when so remanded may be committed to prison and the warrant of remand shall order that he shall be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release.

174. Addresses

In summary trials under this Chapter--

175. Power to award compensation

(1) If in any case the Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious it may, in its discretion, either on the application of the accused or on its own motion, order the complainant or the person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation, not exceeding twenty-five ringgit, as the Court thinks fit:

Provided that the Court--

(2) (Omitted).

(3) At the time of awarding compensation in any subsequent civil suit relating to the same matter the Court shall take into account any sum paid or recovered as compensation under this subsection upon proof of the same.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/176.Particulars to be recorded

176. Particulars to be recorded

(1) In proceedings under this Chapter the Court shall keep a record of the particulars of each case by using and completing or causing to be completed a charge sheet in accordance with such forms as the Chief Judge may direct and, where all necessary particulars cannot conveniently be entered on any such form, by annexing to it any requisite number of continuation sheets.

(2) The particulars to be incorporated in the record shall include:

and, in the event of an appeal being lodged,

(3) The record shall be authenticated by the signature of the presiding officer of the Court, and shall be filed in such manner as the Chief Judge may direct.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/177.Transfer of cases

177. Transfer of cases

In any trial before a Magistrate in which it appears at any stage of the proceedings that from any cause the case is one which in the opinion of the Magistrate ought to be tried by some Court of higher jurisdiction than his own, or if before or during the trial application is made by the Public Prosecutor, the Magistrate shall stay proceedings and transfer the case to a higher Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/177A.Transmission of case to, and trial by, the High Court

177A. Transmission of case to, and trial by, the High Court

(1) A prosecution in respect of an offence which is to be tried by the High Court in accordance with Chapter XX, shall not be instituted except by or with the consent of the Public Prosecutor:

Provided that a person may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, but the case shall not be further prosecuted until the consent has been obtained.

(2) In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate's Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable:

Provided that when the accused is brought before the Magistrate's Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto.

(3) When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/178.Commencement of trial

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XX TRIALS BEFORE THE HIGH COURT

178. Commencement of trial

(1) When the Court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explained to him and he shall be asked whether he is guilty of the offence charged or claims to be tried.

(2) If the accused pleads guilty the plea shall be recorded, and he may be convicted on it:

Provided that before a plea of guilty is recorded the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.

(3) If the accused refuses to plead or does not plead, or if he claims to be tried, the Court shall proceed to try the case.

179. Opening case for prosecution

(1) The officer conducting the prosecution shall open his case by stating shortly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused.

(2) He shall then examine his witnesses, who may in turn be cross-examined for the defence and, if necessary, re-examined.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/180.Procedure after conclusion of case for prosecution

180. Procedure after conclusion of case for prosecution

(1) When the case for the prosecution is concluded, the Court shall consider whether the prosecution has made out a prima facie case against the accused.

(2) If the Court finds that the prosecution has not made out a prima facie case against the accused, the Court shall record an order of acquittal.

(3) If the Court finds that a prima facie case has been made out against the accused on the offence charged the Court shall call upon the accused to enter on his defence.

(4) For the purpose of this section, a prima facie case is made out against the accused where the prosecution has adduced credible evidence proving each ingredient of the offence which if unrebutted or unexplained would warrant a conviction.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/181.Defence

181. Defence

(1) When the accused is called upon to enter on his defence he or his advocate may then open his case, stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then examine his witnesses, if any, and after their cross-examination and re-examination, if any, may sum up his case:

Provided always that if any accused person elects to be called as a witness, his evidence shall be taken before that of other witnesses for the defence:

Provided also that any accused person who elects to be called as a witness may be cross-examined on behalf of any other accused person.

(2) The accused shall be allowed to examine any witness not previously named by him under the provisions of this Code if that witness is in attendance.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/182A.Procedure at the conclusion of the trial

182A. Procedure at the conclusion of the trial

(1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.

(2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.

(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/182A.Procedure at the conclusion of the trial

182A. Procedure at the conclusion of the trial

(1) At the conclusion of the trial, the Court shall consider all the evidence adduced before it and shall decide whether the prosecution has proved its case beyond reasonable doubt.

(2) If the Court finds that the prosecution has proved its case beyond reasonable doubt, the Court shall find the accused guilty and he may be convicted on it.

(3) If the Court finds that the prosecution has not proved its case beyond reasonable doubt, the Court shall record an order of acquittal.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/183.Sentence

183. Sentence

If the accused is convicted, the Court shall pass sentence according to law.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/183A.Victim's impact statement

183A. Victim's impact statement

(1) Before the Court passes sentence according to law under section 183, the Court shall, upon the request of the victim of the offence or the victim's family, call upon the victim or a member of the victim's family to make a statement on the impact of the offence on the victim or his family.

(2) Where the victim or a member of the victim's family is for any reason unable to attend the proceedings after being called by the Court under subsection (1), the Court may at its discretion admit a written statement of the victim or a member of the victim's family.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/184- - 199.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXI TRIALS BEFORE THE HIGH COURT WITH THE AID OF ASSESSORS

184- - 199. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/199A-235.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXII TRIALS BY JURY BEFORE THE HIGH COURT

199A-235. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/235A - -251.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIII JURORS AND ASSESSORS

235A - -251. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/252- - 252A.Omitted or Deleted Section

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

252- - 252A. Omitted or Deleted Section

(Deleted by Act A908).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/253.Procedure where there are previous convictions

253. Procedure where there are previous convictions

Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall be modified as follows:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/254.Public Prosecutor may decline to prosecute further at any stage

254. Public Prosecutor may decline to prosecute further at any stage

(1) At any stage of any trial, before the delivery of judgment, the Public Prosecutor may, if he thinks fit, inform the Court that he will not further prosecute the accused upon the charge and thereupon all proceedings on the charge against the accused shall be stayed and the accused shall be discharged of and from the same.

(2) At any stage of any trial before a Sessions Court or a Magistrates Court before the delivery of judgment, the officer conducting the prosecution may, if he thinks fit, inform the Court that he does not propose further to prosecute the accused upon the charge, and thereupon all proceedings on the charge against the accused may be stayed by leave of the Court and, if so stayed, the accused shall be discharged of and from the same.

(3) Such discharge shall not amount to an acquittal unless the Court so directs.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/254A.Reinstatement of trial after discharge

254A. Reinstatement of trial after discharge

(1) Subject to subsection (2), where an accused has been given a discharge by the Court and he is recharged for the same offence, his trial shall be reinstated and be continued as if there had been no such order given.

(2) Subsection (1) shall only apply where witnesses have been called to give evidence at the trial before the order for a discharge has been given by the Court.

255. Right of accused to be defended

Subject to any express provision of law to the contrary, every person accused before any Criminal Court may of right be defended by an advocate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/256.Court may put questions to accused

256. Court may put questions to accused

(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may at any stage of a trial, without previously warning the accused, put such questions to him as the Court considers necessary.

(2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them, but the Court may draw such inference from the refusal or answers as it thinks just.

(3) The answers given by the accused may be taken into consideration in the trial and put in evidence for or against him in any other trial for any other offence which those answers may tend to show he has committed.

(4) The examination of the accused shall be for the purpose of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination on whatever suggests itself to the Court.

(5) The discretion given by this section for questioning an accused shall not be exercised for the purpose of inducing him to make statements criminatory of himself.

(6) It shall only be exercised for the purpose of ascertaining from an accused how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained.

(7) Questions shall not be put to the accused merely to supplement the case for the prosecution when it is defective.

(8) Whenever the accused is examined under this section by any Court other than the High Court the whole of the examination including every question put to him and every answer given by him shall be recorded in full by the courts in Peninsular Malaysia in national language and by the courts in Sabah and Sarawak in English language, and the record shall be shown or read to him or, if he does not understand the the national language or the English language,as the case may be, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(9) When the whole has been made conformable to what the accused declares to be the truth the record shall be signed by the presiding Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/257.Case for prosecution to be explained by Court to undefended accused

257. Case for prosecution to be explained by Court to undefended accused

(1) At every trial before the Court of a Magistrate if and when the Court calls upon the accused for his defence it shall, if he is not represented by an advocate, inform him of his right to give evidence on his own behalf, and if he elects to give evidence on his own behalf shall call his attention to the principal points in the evidence for the prosecution which tell against him in order that he may have an opportunity of explaining them.

(2) The failure at any trial of any accused to give evidence shall not be made the subject of adverse criticism by the prosecution.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/258.Procedure where accused does not understand proceedings

258. Procedure where accused does not understand proceedings

If the accused, though not insane, cannot be made to understand the proceedings the Court may proceed with the trial and, in the case of the Court of a Magistrate if the trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the Court of a Judge shall make therein such order or pass such sentence as it thinks fit.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/259.Power to postpone or adjourn proceedings

259. Power to postpone or adjourn proceedings

(1) If, from the absence of a witness or any other reasonable cause, it becomes necessary or advisable to postpone the commencement of or adjourn any inquiry or trial the Court may, by order in writing, from time to time, postpone or adjourn the same on such terms as it thinks fit for such time as it considers reasonable and may, by warrant, remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding eight days at a time:

Provided further that where a Government Medical Officer has certified that the complainant will not be able to give evidence before a certain date the accused may be remanded until such date notwithstanding that the term of remand may exceed eight days.

(2) Every order made under this section by the Court of a Magistrate shall be in writing, signed by the presiding Magistrate, and shall state the reasons for it.

Explanation--If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/260.Compounding offences

260. Compounding offences

(1) The offences punishable under the Penal Code described in the first two columns of Part A may, when no prosecution for such offence is actually pending, be compounded by the person mentioned in the third column of Part A; or when a prosecution for such offence is actually pending, be compounded by the person with the consent of the Court before which the case is pending.

(2) The offences punishable under the Penal Code described in Part B may, with the consent of the Court before which the case is pending, be compounded by the person to whom the hurt has been caused.

(3) When any offence is compoundable under this section the abetment of the offence or an attempt to commit the offence (when the attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent to compound an offence under this section is not competent to contract any person competent to contract on his behalf may compound the offence.

(5) The composition of an offence under this section shall have the effect of an acquittal of the accused.

(6) No offence under the Penal Code not mentioned in this section shall be compounded.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/261.Change of Magistrate during hearing

261. Change of Magistrate during hearing

Whenever any Magistrate after having heard and recorded the whole or any part of the evidence in a trial ceases to exercise jurisdiction in it and is succeeded by another Magistrate who has and who exercises such jurisdiction, the Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the inquiry or trial:

Provided as follows:

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/262.Detention of offenders attending in Court

262. Detention of offenders attending in Court

(1) Any person attending a Criminal Court, although not under arrest or upon a summons, may be detained by that Court for the purpose of examination for any offence of which that Court can take cognizance and which, from the evidence, he may appear to have committed, and may be proceeded against as though he had been arrested or summoned.

(2) When the detention takes place after a trial has been begun, the proceedings in respect of that person shall be commenced afresh and the witnesses re-heard.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/263.Weekly or public holiday

263. Weekly or public holiday

No proceeding of any Criminal Court shall be invalid by reason of its happening on a weekly holiday or public holiday.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/264.Evidence to be taken in presence of accused

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXV MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

264. Evidence to be taken in presence of accused

Except as otherwise expressly provided all evidence taken under Chapters XIX and XX shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his advocate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/265.Manner of recording evidence

265. Manner of recording evidence

In inquiries and trials under this Code by or before a Magistrate the evidence of the witnesses shall be recorded in the manner provided by this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/266.Recording evidence in summons cases

266. Recording evidence in summons cases

(1) In summons cases tried before a Magistrate the Magistrate shall, as the examination of each witness proceeds, make a note of the substance of what the witness deposes, and such note shall be written by the Magistrate with his own hand in legible handwriting and shall form part of the record.

(2) If the Magistrate is prevented from making a note as required in subsection (1) he shall record the reason of his inability to do so and shall cause such note to be made in writing from his dictation in open court and shall sign the same, and such note shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/267.Recording evidence in other cases

267. Recording evidence in other cases

In all other trials before a Magistrate's Court, and in all inquiries under Chapter XI, the evidence of each witness shall be taken down in legible handwriting by the presiding Magistrate and shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/268.Record to be in narrative form

268. Record to be in narrative form

(1) Evidence taken under section 267 shall not ordinarily be taken down in the form of question and answer, but in the form of a narrative.

(2) The presiding Magistrate may, in his discretion, take down any particular question and answer.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/269.Reading over evidence and correction

269. Reading over evidence and correction

(1) The evidence of each witness taken in inquiries under Chapter XI shall be read over to him in the presence and hearing of the accused, if in attendance, or of his advocate, if he appears by advocate, and shall if necessary be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him the presiding Magistrate may, instead of correcting the evidence, make a memorandum on it of the objection made to it by the witness, and shall add such remarks as he thinks necessary.

(3) The evidence so taken down shall be interpreted to the witness, if necessary, in the language in which it was given or in a language which he understands.

(4) When the evidence has been read over to the witness and every correction, if any, asked for by him has been made or noted the witness shall subscribe the deposition with his signature, and in the event of his refusing to do so the Magistrate shall record such refusal.

(5) When a deposition has been read over to a witness and acknowledged to be correct the Magistrate shall append to the evidence of the witness a certificate signed with his signature or initials to the following effect:

"Read over (and interpreted) to the witness in the presence and hearing of the accused and admitted by the witness to be correct.".

(6) The absence of such a certificate in a deposition shall not be a bar to the deposition being received as evidence in any case in which it is desired to tender the deposition in evidence if it is proved by other evidence that the other requirements of this section were in fact complied with.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/270.Interpretation of evidence to accused

270. Interpretation of evidence to accused

(1) Whenever any evidence is given in a language not understood by the accused, and he is present in person, it shall be interpreted to him in open court in a language which he understands.

(2) When documents are put in for the purpose of formal proof it shall be in the discretion of the Court to interpret as much of it as appears necessary.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/271.Remarks as to demeanour of witness

271. Remarks as to demeanour of witness

A presiding Magistrate recording the evidence of a witness may, at the conclusion of the evidence and at the foot of the notes of it, record such remarks, if any, as he thinks material respecting the demeanour of the witness while under examination.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593/272.Judge to take notes of evidence

272. Judge to take notes of evidence

In all criminal cases tried before the High Court the Judge shall take down in writing notes of the evidence adduced.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272A.Other persons may be authorized to take down notes of evidence

272A. Other persons may be authorized to take down notes of evidence

Nothing in this Chapter shall prevent a Judge or Magistrate in an inquiry or trial causing verbatim notes to be taken by another person of what each witness deposes in addition to any note of a substance of it which may be made or taken by the Judge or Magistrate himself; and such note shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272B.Evidence through live video or live television links

272B. Evidence through live video or live television links

(1) Notwithstanding any other provision of this Code or the Evidence Act 1950, a person, other than the accused, may, with leave of the court, give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so.

(2) The Court may, in the exercise of its power under subsection(1), make an order on any or all of the following matters:

(3) The Court shall not give leave under subsection(1) or make an order under subsection(2) if, in the opinion of the Court, to do so would be inconsistent with the court's duty to ensure that the proceedings are conducted fairly to the parties to the proceedings.

(4) Evidence given by a witness through live video or live television link by virtue of this section shall be deemed for the purposes of sections 193, 194, 195, 196, 205 and 209 of the Penal Code as having been given in the proceedings in which it is given.

(5) Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person or his advocate, as the case may be.

(6) Where any video or live evidence given under this section is recorded on any medium, electronic or otherwise, such recording shall form part of the record.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272C.Application of this Chapter

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVA RECORDING OF PROCEEDINGS BY MECHANICAL MEANS

272C. Application of this Chapter

Notwithstanding the provisions contained in Chapter XXV or any other provisions of this Code, or the provisions of any other written law, dealing with the mode of taking and recording of evidence, any mechanical means may be employed for the recording of any proceedings before the Special Court, the Federal Court, the Court of Appeal, the High Court, the Sessions Court, the Magistrate Court and the Court for Children and where mechanical means are employed the provisions of this Chapter shall apply.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272D.Interpretation for the purposes of this Chapter

272D. Interpretation for the purposes of this Chapter

(1) In this Chapter--

(2) A reference to a Judge in this Chapter shall be a reference to a Judge of the Special Court, the Federal Court, the Court of Appeal, the High Court or the Sessions Court, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272E.Proceedings may be recorded by mechanical means or combination of mechanical means and other modes

272E. Proceedings may be recorded by mechanical means or combination of mechanical means and other modes

(1) A Judge or Magistrate shall have the discretion to direct that any proceedings before any Court be recorded, in whole or in part, by any mechanical means or a combination of any mechanical means.

(2) Where any Judge or Magistrate directs that any proceedings be recorded by any mechanical means, the Judge or Magistrate shall satisfy himself as to the efficiency and functional capability of such mechanical means and that the mechanical means used for recording is in good working order for the purpose of ensuring that the electronic record of such proceedings is clear and accurate.

(3) Notwithstanding that any proceedings are being recorded by any mechanical means, a Judge or Magistrate may--

(4) Where a Judge or Magistrate makes a ruling that any evidence adduced is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be erased or otherwise omitted from the record of proceedings.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272F.Electronic record to be transcribed

272F. Electronic record to be transcribed

(1) Where any proceedings before any Judge or Magistrate are recorded by any mechanical means, the Judge or Magistrate shall cause the electronic record of such proceedings to be transcribed by any person authorized in writing by the Judge or Magistrate.

(2) Where any person authorized to transcribe under subsection(1) is not a public servant, such person shall be deemed to be a public servant within the meaning of the Penal Code [Act 574 ] while discharging his duties as such transcriber.

(3) Upon the production of the transcript by any person authorized under subsection (1), the Judge or Magistrate shall ascertain the accuracy and reliability of such transcript and where the Judge or Magistrate makes a ruling that any evidence recorded is inadmissible or irrelevant and shall not form part of the record of proceedings, he may direct that the electronic record of such evidence be excluded from the record of proceedings.

(4) The transcript shall be authenticated by the signature of the Judge or Magistrate.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272G.Safe custody of electronic record and transcript

272G. Safe custody of electronic record and transcript

(1) The Judge or Magistrate shall cause any electronic record of any proceedings before the Judge or Magistrate and the authenticated copy of the transcript of such electronic record to be kept in safe custody.

(2) The electronic record shall not be erased, destroyed or otherwise disposed of--

(3) Upon compliance with subsection (2), the provisions of the National Archives Act 2003 [ Act 629] shall apply for the destruction and disposal of the electronic record and transcript.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272H.Transcript of statement, evidence or deposition of person or witness.

272H. Transcript of statement, evidence or deposition of person or witness.

(1) Where it is required by law that any statement, evidence or deposition of any person or witness is to be read over to and signed by such person or witness, or that any statement, evidence or deposition is to be reduced to or taken down in writing and signed, or there is any other procedure to the like effect, it shall be sufficient for all purposes if such statement, evidence or deposition is recorded and transcribed in accordance with this Chapter.

(2) Notwithstanding that any statement, evidence or deposition has been recorded and transcribed under subsection (1), the transcript of such statement, evidence or deposition may be read over to and signed by the person or witness making such statement, evidence or deposition in accordance with section269.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272I.Transcript to form part of record or notes of proceedings or evidence

272I. Transcript to form part of record or notes of proceedings or evidence

A reference in any law to the record or notes of proceedings or evidence shall include a reference to the authenticated copy of any transcript of any electronic record and such transcript shall form part of the record or notes of proceedings or evidence.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272J.Electronic filing, lodgement, submission and transmission of document

272J. Electronic filing, lodgement, submission and transmission of document

Where any document relating to any proceedings is required to be filed, lodged with, submitted or transmitted to the Court, such filing, lodgement, submission or transmission may be done electronically as may be determined by the Court.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/272K.Issuance of Practice Direction

272K. Issuance of Practice Direction

The Chief Justice may, where necessary, issue Practice Direction relating to the use of mechanical means and any matter related to it.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/273.Mode of delivering judgment

Part VI PROCEEDINGS IN PROSECUTIONS

Chapter XXVI JUDGMENT

273. Mode of delivering judgment

The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some subsequent time of which due notice shall be given to the parties or their advocates, and the accused shall, if in custody, be brought up or, if not in custody, shall be required to attend to hear judgment delivered, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/274.Omitted or Deleted Section

274. Omitted or Deleted Section

(Deleted by F.M. No. 1 of 1948).

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/275.Sentence of death not to be passed on pregnant woman

275. Sentence of death not to be passed on pregnant woman

Where a woman convicted of an offence punishable with death is alleged to be pregnant, or where the Court before whom a woman is so convicted thinks fit, the Court shall direct one or more medical practitioners to be sworn to examine that woman in some private place and to enquire whether she is pregnant or not, and if upon the report of any of them it appears that she is pregnant the sentence to be passed upon her shall be a sentence of imprisonment for life^* instead of sentence of death.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/276.Judgment in the alternative

276. Judgment in the alternative

When a conviction is under the Penal Code and it is doubtful under which of two sections or under which of two parts of the same section of that Code the offence falls, the Court shall state accordingly and pass judgment in the alternative.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/277.Judgment of death

277. Judgment of death

When any person is sentenced to death the sentence shall direct that he be hanged by the neck till he is dead, but shall not state the place where nor the time when the sentence is to be carried out.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/278.Judgment not to be altered

278. Judgment not to be altered

No Court, other than a High Court, having once recorded its judgment, shall alter or review the same:

Provided that a clerical error may be rectified at any time, and that any other mistake may be rectified at any time before the Court rises for the day.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/279.Judgment to be explained to accused and copy supplied

279. Judgment to be explained to accused and copy supplied

The judgment shall be explained to the accused and on his application a copy of the judgment or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay. Such copy shall, in any case other than a summons case, be given free of cost.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/280.Judgment to be filed with record

280. Judgment to be filed with record

The original judgment shall be entered on and if written filed with the record of proceedings.

Unannotated Statutes of Malaysia - Principal Acts/CRIMINAL PROCEDURE CODE Act 593/CRIMINAL PROCEDURE CODE ACT 593,,/281.Provisions as to execution of sentences of death