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 61. Power to record statements and confessions.

(1) Any Kadi may record any statement or confession made to him at any time before the commencement of the inquiry or trial.

(2) Such statement or confession shall be recorded in full in writing by the Kadi to whom it is made and shall then be forwarded to the Kadi, if the case is to be tried before another Kadi.

(3) No Kadi shall record any such statement or confession unless upon questioning the person making it he has reason to believe that it was made voluntarily, and when he records any confession he shall make a memorandum at the foot of such record to the following effect-

"I believe that this confession was voluntarily made. It was taken in may presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true account of what he said.
(Signed)

Kadi".
(4) The making and recording of any statement or confession shall not disqualify a Kadi who has so taken and recorded the same from trying the case.

(5) No oath or affirmation shall be administered to any person making a statement or confession in this section.




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