Section 56. Procedure where offence suspected. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART III - INFORMATION TO THE PENYELIA AGAMA AND THEIR POWERS TO INVESTIGATE
Chapter VI

Section 56. Procedure where offence suspected.

(1) If from information received or otherwise a Penyelia Agama has reason to suspect the commission of an offence he shall, unless the offence be of a character which the Pengarah Pendakwa has directed need not be reported to him, forthwith send a report of the same to the Pengarah Pendakwa, and shall proceed in person or shall depute one of his subordinate officers to proceed to the spot to inquire the facts and circumstances of the case and to take such measures as may be necessary for the discovery of the offender:

Provided as follows-

(a) when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature the Penyelia Agama receiving the same need not proceed in person or depute a subordinate officer to make an enquiry on the spot;

(b) if it appears to the Penyelia Agama receiving the information that there is no sufficient ground for proceeding or further proceeding in the matter he shall not do so.

(2) In each of the cases mentioned in paragraphs (a) and (b) the Penyelia Agama receiving the information shall state in his said report (if any) his reasons for not fully complying with sub-section (1).