Section 26. Arrest without warrant. (SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

ENACTMENT NO. 1 OF 1966
SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966

PART II - RELIGIOUS COURTS
PROCEDURE IN CRIMINAL PROCEEDINGS

Section 26. Arrest without warrant.

(1) Notwithstanding any provision contained in any written law, any police officer, PenyeIia Ugama or Penggawa or Imam Tua may arrest without warrant-

(a)

any person who has committed or attempted to commit in his presence any offence under sections 61 and 62 of the Kelantan Council of Religion and Malay Customs Enactment, 1966, and sections 92, 93, 94, 95, and 96 of this Enactment, or

(b)

any person who has committed or attempted to commit in his presence any offence against this Enactment involving a breach of the peace, or

(c)

any person who has committed in his presence any offence against this Enactment and who refuses or fails to give on request his full and true name and address, or

(d)

any person against whom a warrant issued under this Enactment is extant, although such warrant is not in his possession.

(2) No person who has been arrested shall be released except on his own bond or on bail, or under the in writing of a Kadhi.

(3) Where a person who has been arrested without a warrant, is not released under sub-section (2), he shall without unnecessary delay, be brought before a Court. If this is impracticable, he shall be remanded in the nearest Police Lock up on a Warrant of Remand issued by a Kadhi in Form C of the Schedule, for a period not exceeding 24 hours of his arrest exclusive of the time necessary for the journey from the place of arrest to the Court.