Section 72. Cognizance of offences by Syar'ie Judge. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 2004

ENACTMENT NO. 9 OF 2004
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2004

PART V - PROCEEDINGS IN PROSECUTIONS
Chapter 1 - Of The Jurisdiction Of Syariah Courts In Trials.
Condition Requisite for Initiation of p Proceedings

Section 72. Cognizance of offences by Syar'ie Judge.

(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 cognisance 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.