Section 70. Cognisance of offences by Judge. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

PART IV - PROCEDINGS IN PROSECUTION
CHAPTER VII - JURISDICTION OF SYARIAH CRIMINAL COURTS REGARDING TRIALS

Section 70. Cognisance of offences by Judge.

(1) Subject to the provisions of this Enactment, a Judge may take cognisance of an offence -

(a) upon receiving a complaint made in writing in Form 6 of the Schedule;

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

(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 cognisance of an offence under paragraph (b) of subsection (1), 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.