Section 72. Cognizance of offences by Judge. (SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER I - OF THE JURISDICTION OF SYARIAH COURT IN TRIALS

Section 72. Cognizance of offences by Judge.

Conditions Requisite for Initiation of Proceedings

(1) Subject to this Enactment, a Judge may take cognizance of an offence—

(a)

upon receiving a complaint as defined by this Enactment;

(b)

upon his own knowledge and with evidence to support that such offence has been committed;

(c)

upon any person being brought before him in custody without process accused of having committed an offence which such Judge has jurisdiction to try.

(2) When a Judge takes cognizance of an offence under paragraph (1)(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 such Judge but shall be tried by another Judge.