ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 5 - GENERAL PROVISIONS AS TO TRIALS



Section 106. Case of prosecution to be explained by Court to undefended accused

(1) At every trial if and when the Court calls upon the accused for his defence it shall, if he is not represented by a Peguam Syarie, inform him of his right to take oath and its effect or of his right to give evidence on his own behalf, and if he elects to give evidence on his own behalf, shall call his attention to the principal points in the evidence for the prosecution which tell against him in order that he may have an opportunity of explaining them.

(2) The failure at any trial of any accused to give evidence shall not be made the subject of adverse criticism by the prosecution.




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