LAWS OF MALAYSIA
CRIMINAL PROCEDURE CODE
Incorporating all amendments up to 1 January 2006
PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006
CRIMINAL PROCEDURE CODE First enacted … ... ... ... … … … Revised … … … … … … … 1935 (F.M.S. Cap. 6) 1999 (Act 593 w.e.f. 4 April 1999)
PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002
3 LAWS OF MALAYSIA Act 593 CRIMINAL PROCEDURE CODE
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY CHAPTER I
1. 2. 3. 4. 5.
Short title Interpretation Trial of offences under Penal Code and other laws Saving of powers of High Court Laws of England, when applicable
PART II PROVISIONS AS TO CRIMINAL COURTS CHAPTER II CRIMINAL COURTS IN GENERAL 6. 7. 8. 9. 10. Courts Courts to be open (Deleted) Criminal jurisdiction of Magistrates Offences committed within seven miles of the boundary of a State
Laws of Malaysia
PART III GENERAL PROVISIONS CHAPTER III AID AND INFORMATION TO MAGISTRATES AND POLICE AND PERSONS MAKING ARRESTS Section
11. 12. 13. 14.
Public, when to assist Magistrates, Justices of the Peace and police Aid to persons other than police officer executing warrant Public to give information of certain matters Police officer bound to report certain matters CHAPTER IV ARREST, ESCAPE AND RE-TAKING
15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33.
Arrest, how made Search of place entered by person sought to be arrested Search of persons in place searched under warrant Power to break open any place for purposes of liberation No unnecessary restraint and mode of searching women Search of persons arrested Power to seize offensive weapons Search of person for name and address When police or penghulu may arrest without warrant Refusal to give name and residence How person arrested by penghulu is to be dealt with Pursuit of offenders Arrest by private persons and procedure in such cases How person arrested is to be dealt with and detention for more than twentyfour hours Release of person arrested Offence committed in Magistrate’s presence Arrest by or in presence of Magistrate Power on escape to pursue and re-take Sections 16 and 18 to apply to arrests under section 32
Criminal Procedure Code
CHAPTER V PROCESSES TO COMPEL APPEARANCE Summons
34. 35. 36. 37.
Form of summons and service Summons how served Procedure when personal service cannot be effected Proof of service
Warrant of Arrest 38. 39. 40. 41. 42. 43. Form of warrant of arrest Court may direct by indorsement on warrant security to be taken Warrants, to whom directed Notification of substance of warrant Person arrested to be brought before Court without delay Procedure on arrest of person against whom warrant is issued
Proclamation and Attachment 44. 45. 46. Proclamation for person absconding Attachment of property of person proclaimed Restoration of attached property
Other Rules Regarding Summonses to Appear and Warrants of Arrest 47. 48. 49. 50. Issue of warrant in lieu of or in addition to summons Summonses to appear and warrants of arrest may be executed in any part of Malaysia Power to take bond for appearance Arrest on breach of bond for appearance
Laws of Malaysia
PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED Section
51. 52. 53.
Summons to produce document or other things Procedure as to postal article, etc. Sections 34 to 37 to apply Search Warrants
54. 55. 56. 57. 58. 59. 60. 61. 62.
When search warrant may be issued Power to restrict search warrant Magistrate may issue warrant authorizing search for evidence of offence Form of search warrant Search for persons wrongfully confined Persons...