Original Enactment


NEGERI MELAKA

ENACTMENT NO. 9 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002

Date of Royal Assent :21 November 2002
Date of publication in the Gazette :28 November 2002
Date of coming into operation :14 June 2003 [M.P.U. 16/03]
ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Interpretation.
Section 3. Trial of offences by the Court.

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURT

Section 4. Courts.
Section 5. Courts to be open.
Section 6. Exclusion of public in certain cases.
Section 7. Criminal jurisdiction of Judge.

PART III - OTHER GENERAL PROVISIONS

CHAPTER 1 - OF INFORMATION TO JUDGE AND RELIGIOUS ENFORCEMENT OFFICER

Section 8. Public, when to assist Judge, etc.
Section 9. Public to give information of certain matters.

CHAPTER 2 - OF ARREST, ESCAPE AN RE-ARREST

Section 10. Arrest : how made.
Section 11. Search of place entered by person sought to be arrested.
Section 12. Search of persons in place searched under warrant.
Section 13. Power to break open any place for purposes of liberation.
Section 14. No unnecessary restraint and mode of searching a person.
Section 15. Search of persons arrested.
Section 16. Power to seize offensive weapons.
Section 17. Search of persons for name and address.
Section 18. Arrest without warrant.
Section 19. Refusal to give name and residence.
Section 20. Persons arrested by Pegawai Masjid: how to be dealt with.
Section 21. Pursuit of offenders.
Section 22. How person arrested is to be dealt with and detention for more than twenty-four hours.
Section 23. Release of persons arrested.
Section 24. Offence committed in the presence of a Judge.
Section 25. Arrest by or in presence of Judge.
Section 26. Power to pursue and re-arrest.
Section 27. Provisions of sections 11 and 13 to apply to arrest under section 26.

CHAPTER 3 - OF PROCESSES TO COMPEL APPEARANCE

Summons

Section 28. Form of summons and service.
Section 29. Summons: how served.
Section 30. Procedure when personal service cannot be effected.
Section 31. Proof of service.

Warrant of Arrest

Section 32. Form of warrant of arrest.
Section 33. Court may direct security to be taken by indorsement on warrant.
Section 34. Warrants: to whom directed.
Section 35. Notification of substance of warrant.
Section 36. Person arrested to be brought before the Court without delay.
Section 37. Procedure on arrest of person against whom warrant is issued.

Other Rules regarding Summonses to Appear and Warrants of Arrest

Section 38. Issue of warrant in lieu of or in addition to summons.
Section 39. Summonses to appear and warrants of arrest may be executed in any part of Malaysia.
Section 40. Power to take bond for appearance.
Section 41. Arrest on breach of bond for appearance.

CHAPTER 4 - OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

Section 42. Summons to produce document or other things.
Section 43. Provisions of sections 28 to 31 to apply.

Search Warrants

Section 44. When search warrant may be issued.
Section 45. Power to restrict search warrant.
Section 46. Judge may issue warrant authorizing search for evidence of offence.
Section 47. Form of search warrant.
Section 48. Search for persons wrongfully confined.
Section 49. Persons in charge of closed places to allow search.
Section 50. Judge issuing search warrant may attend at its execution.
Section 51. Judge may direct search in his presence.
Section 52. List of all things seized to be made and signed.
Section 53. Occupant to be present at search.

PART IV - INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICER AND THEIR POWER TO INVESTIGATE

Section 54. Information.
Section 55. Procedure.
Section 56. Admission of certified copy of information as evidence.
Section 57. Procedure where seizable offence suspected.
Section 58. Power to require attendance of witnesses.
Section 59. Examination of witnesses by Religious Enforcement Officer.
Section 60. Statements to Religious Enforcement Officer not to be admitted in evidence.
Section 61. No inducement to be offered.
Section 62. Power to record statements and confessions.
Section 63. Search by Religious Enforcement Officer.
Section 64. Religious Enforcement Officer may require bond for appearance of complainant and witnesses.
Section 65. Diary of proceedings in investigation.
Section 66. Report of Religious Enforcement Officer.

PART V - PROCEEDINGS IN PROSECUTIONS

CHAPTER 1 - OF THE JURISDICTION OF SYARIAH COURT IN TRIALS

Section 67. Ordinary place of trial.
Section 68. Accused triable in place where act is done or where consequence ensues.
Section 69. Place of trial where act is an offence by reason of relation to other offence.
Section 70. Where scene of offence is uncertain.
Section 71. When doubt arises, Chief Syariah Judge to decide.

Conditions Requisite for Initiation of Proceedings

Section 72. Cognizance of offences by Judge.
Section 73. Sanction to prosecute from Chief Syariah Prosecutor.

CHAPTER 2 - OF COMPLAINTS TO JUDGE

Section 74. Examination of complainant.
Section 75. Postponement of issue of process.
Section 76. Dismissal of complaint.
Section 77. Issue of process.

CHAPTER 3 - OF THE CHARGE

Section 78. Form of charge.
Section 79. Particulars as to time, place and person.
Section 80. When manner of committing offence must be stated.
Section 81. Sense of words used in charge to describe offence.
Section 82. Effect of errors.
Section 83. Court may amend or add to charge.
Section 84. When trial may proceed immediately after amendment or addition.
Section 85. When new trial may be directed or trial adjourned.
Section 86. Stay of proceedings if prosecution of offence in amended charge requires previous sanction.
Section 87. Recall of witnesses when charge amended or added.
Section 88. Separate charges for distinct offences.
Section 89. Three offences of same kind within twelve months may be charged together.
Section 90. Trial for more than one offence.
Section 91. Where it is doubtful what offence has been committed.
Section 92. When a person charged with one offence can be convicted of another.
Section 93. Person charged with an offence can be convicted of the attempt.
Section 94. When offence proved is included in offence charged.
Section 95. When persons may be charged jointly.

CHAPTER 4 - OF TRIALS

Section 96. Procedure in trials.
Section 97. Power to discharge conditionally or unconditionally.
Section 98. Addresses.
Section 99. Power to award compensation.
Section 100. Particulars to be recorded.
Section 101. Transfer of cases.

CHAPTER 5 - GENERAL PROVISIONS AS TO TRIALS

Section 102. Procedure where there are previous convictions.
Section 103. Prosecutor may decline to prosecute further at any stage.
Section 104. Right of accused to be defended.
Section 105. Court may put questions to accused.
Section 106. Case of prosecution to be explained by Court to undefended accused.
Section 107. Power to postpone or adjourn proceedings.
Section 108. Change of Judge during hearing.
Section 109. Detention of offenders attending in Court.
Section 110. Weekly or public holiday.

CHAPTER 6 - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS

Section 111. Evidence to be taken in the presence of the accused.
Section 112. Recording of evidence.
Section 113. Record in all cases.
Section 114. Mode of recording evidence.
Section 115. Interpretation of evidence to accused.
Section 116. Remarks as to demeanour of witness.
Section 117. Other persons may be authorized to take down notes of evidence.

CHAPTER 7 - OF THE JUDGMENT

Section 118. Mode of delivering judgment.
Section 119. Judgment to be explained to accused and copy supplied.
Section 120. Judgment to be filed with record.

CHAPTER 8 - OF SENTENCES AND THE CARRYING OUT THEREOF

Section 121. Provisions as to execution of sentence of imprisonment.
Section 122. Provisions as to sentences of fine.
Section 123. Suspension of execution in certain cases.
Section 124. Warrant : by whom issuable.
Section 125. Sentence of whipping.
Section 126. Time of executing such sentence of whipping.
Section 127. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
Section 128. Youthful offenders.
Section 129. First offenders.
Section 130. Condition of bonds.
Section 131. Return of warrant.

CHAPTER 9 - OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

Section 132. Power to suspend or remit sentences.
Section 133. Power to commute punishment.

CHAPTER 10 - OF PREVIOUS ACQUITTALS OR CONVICTIONS

Section 134. Person once convicted or acquitted not to be tried again for same offence.
Section 135. Plea of previous acquittal or conviction.

PART VI - OF APPEAL AND REVISION

CHAPTER 1 - OF APPEALS TO THE SYARIAH HIGH COURT

Section 136. When plea of guilty limits right of appeal.
Section 137. Appeal against acquittal.
Section 138. Procedure for appeal.
Section 139. Transmission of appeal record.
Section 140. Appeal specially allowed in certain cases.
Section 141. Stay of execution pending appeal.
Section 142. Setting down appeals on list.
Section 143. Procedure at hearing.
Section 144. Non-appearance of respondent.
Section 145. Arrest of respondent in certain cases.
Section 146. Decision on appeal.
Section 147. Order to take further evidence.
Section 148. Judgment.
Section 149. Certificate and consequence of judgment.
Section 150. Death of parties to appeal.
Section 151. Costs.

CHAPTER 2 - OF APPEAL TO THE SYARIAH APPEAL COURT

Section 152. Jurisdiction of the Syariah Appeal Court.
Section 153. Notice of appeal.
Section 154. Records of proceedings.
Section 155. Petition of appeal.
Section 156. Procedure where appellant in prison.
Section 157. Transmission of records to Syariah Appeal Court.
Section 158. Appeals out of time and formal defects.
Section 159. On appeal against acquittal, accused may be arrested.
Section 160. Appeal not to operate as stay of execution.
Section 161. Notice of time and place of hearing.
Section 162. Powers of Syariah Appeal Court.
Section 163. Additional evidence.
Section 164. Judgment.
Section 165. Judgment or order to be certified to trial Court.
Section 166. Point reserved on trial for Syariah Appeal Court.
Section 167. References to Syariah Appeal Court on appeal from a Syariah Subordinate Court.

CHAPTER 3 - OF REVISION

Section 168. Power to revise.
Section 169. Power to order further inquiry.
Section 170. Power on revision.
Section 171. Hearing of parties on revision.
Section 172. Orders on revision.

CHAPTER 4 - PROCEEDINGS IN CASE OF CERTAIN OFFENCE AFFECTING THE ADMINISTRATION OF JUSTICE

Section 173. Procedure as to offences in Court.
Section 174. Record of facts constituting the offence.
Section 175. Alternative procedure.
Section 176. Power to remit punishment.
Section 177. Refusal to give evidence.
Section 178. Appeal.
Section 179. Judge not to try certain offences committed before himself.

PART VII - SUPPLEMENTARY PROVISIONS

CHAPTER 1 - PERSONS OF UNSOUND MIND

Section 180. Procedure where accused is suspected to be of unsound mind.

CHAPTER 2 - OF PROSECUTION

Section 181. Chief Syariah Prosecutor.
Section 182. Chief Syariah Prosecutor to appear personally.
Section 183. Prosecution.
Section 184. Employment of Peguam Syarie.

CHAPTER 3 - OF BAIL

Section 185. When person may be released on bail.
Section 186. Amount of bond.
Section 187. Bond to be executed.
Section 188. When person to be released.
Section 189. When warrant of arrest may be issued against person bailed.
Section 190. Sureties may apply to have bond discharged.
Section 191. Appeal.

CHAPTER 4 - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 192. Procedure when person able to give material evidence is dangerously ill.
Section 193. Where person bound to give evidence intends to leave Malaysia
Section 194. Reports of certain persons.
Section 195. How previous conviction or acquittal may be proved.
Section 196. Records of evidence in absence of accused.
Section 197. Notice to be given of defence of alibi.

CHAPTER 5 - PROVISIONS AS TO BONDS

Section 198. Deposits instead of bond.
Section 199. Procedure on forfeiture of bond.
Section 200. Appeals from orders.

CHAPTER 6 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES

Section 201. Court shall consider manner of disposal of exhibits.
Section 202. Order for disposal of property regarding which offence committed.

CHAPTER 7 - OF THE TRANSFER OF CRIMINAL CASES

Section 203. Power of the Judge of the Syariah High Court to transfer cases.
Section 204. Application for transfer to be supported by affidavit.

CHAPTER 8 - OF IRREGULARITIES IN PROCEEDINGS

Section 205. Proceeding in wrong place, etc.
Section 206. Omission to frame charge.
Section 207. Irregularities not to vitiate proceedings.

PART VIII - GENERAL

Section 208. Definition
Section 209. Protection of officers.
Section 210. Contempt of Court.
Section 211. False information, evidence or admission.
Section 212. Religious officer disobeying a direction of the law with the intent to cause injury to any person.
Section 213. Omission to produce, etc. a document to a religious officer by person legally bound to produce, etc. such document.
Section 214. Refusing oath when duly required to take oath by a religious officer.
Section 215. Refusing to answer a religious officer authorized to question.
Section 216. Refusing to sign statement.
Section 217. Intentional insult or interruption to a religious officer sitting in any stage of a judicial proceedings.
Section 218. Sworn of affidavit.
Section 219. Power of Court to summon and examine persons.
Section 220. Order for payment of compensation.
Section 221. Provisions as to compensation.
Section 222. Copies of proceedings.
Section 223. Person released on bail to give address for service.
Section 224. Compensation where charge is groundless.
Section 225. Judge not to act where interested.
Section 226. Evidence.
Section 227. Forms.
Section 228. Application of fines.
Section 229. Rules.
Section 230. Hukum Syarak.
Section 231. Repeal.

SCHEDULE
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