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 59. Statements to Penyelia Agama not to be admitted in evidence.

(1) No statement made by any person as a Penyelia Agama in the course of an investigation made under this Chapter shall, save as herein provided, be used as evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, the Court shall on the request of the accused or the Pengarah Pendakwa refer to any statement made by such witness to a Penyelia Agama in the course of an investigation under this Chapter, and may then, if the Court thinks it expedient in the interest of justice, direct the accused to be furnished with a copy thereof, and such statement may be used to impeach the credit of such witness in the manner provided by the Evidence Act 1950.

(3) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within sections 27 and 32 (a) of the Evidence Act 1950.

(4) When any person is charged with any offence in relation to the making or contents of any statement made by him to a Penyelia Agama in the course of an investigation under this Chapter such statement may be used as evidence in such prosecution.




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