Original Enactment


NEGERI SEMBILAN

ENACTMENT NO. 3 OF 1992
SYARIAH CRIMINAL PROCEDURE (NEGERI SEMBILAN) ENACTMENT 1992

Date of Royal Assent :23 December 1992
Date of publication in the Gazette :7 January 1993
Date of coming into operation :8 January 1993
ARRANGEMENT OF SECTIONS
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Preamble

PART I - PRELIMINARY

CHAPTER I

Section 1. Short title and commencement.
Section 2. Interpretation.
Section 3. Trial of offences by the Court.
Section 4. Saving of prerogative.

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURTS

CHAPTER II - OF CRIMINAL COURTS

Section 5. Courts.
Section 6. Courts to be open.
Section 7. Exclusion of public in certain cases.
Section 8. Criminal jurisdiction of a Judge.
Section 9. Public, when to assist Judge, Religious Enforcement Officer and Police Officer and Police Officer.
Section 10. Public to give information of certain matters.

PART III - OF ARREST, ESCAPE AND REARREST

Section 11. Arrest how made.
Section 12. Search of place entered by person sought to be arrested.
Section 13. Search of person in places searched under warrant.
Section 14. Power to break open any place for purposes of liberation.
Section 15. No unnecessary restrain and mode of searching a person.
Section 16. Search of persons arrested.
Section 17. Power to seize offensive weapons.
Section 18. Search of persons for name and address.
Section 19. Arrest without warrant.
Section 20. Person arrested by Religious Enforcement Officer, 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 person arrested.
Section 24. Offence committed in the presence of a Judge.
Section 25. Arrest by or in presence of a Judge.
Section 26. Power to pursue and re-arrest.
Section 27. Provisions of sections 12 and 14 to apply to arrest under section 25.

CHAPTER IV - OF PROCESSES TO COMPEL APPEARANCE

Summons

Section 28. From 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 by indorsement on warrant security to be taken.
Section 34. Warrant to whom directed.
Section 35. Notification of substance of warrant.
Section 36. Person arrested to be brought before 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. Summons to appear and warrant of arrest may be executed.
Section 40. Power to take bond for appearance.
Section 41. Arrest on breach of bond for appearance.

CHAPTER V - PROCESS TO COMPEL THE PRODUCTION OF DOCUMENTS ETC.

Section 42. Summons to produce document or other things.
Section 43. Provisions of sections 28 - 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 authorising search for evidence of offence.
Section 47. Form of search warrant.
Section 48. Search for persons wrongfully confined.
Section 49. Person 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 III - INFORMATION TO RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWERS TO INVESTIGATE

CHAPTER VI

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

PART IV - PROCEEDINGS IN PROSECUTIONS

CHAPTER VII - JURISDICTION OF SYARIAH CRIMINAL COURTS REGARDING TRIALS

Section 66. Ordinary place of trial.
Section 67. Accused triable in place where act is done or where consequence ensues.
Section 68. Place of trial where offence by reason of relation to other offence.
Section 69. Where scene of offence is uncertain, etc.
Section 70. When doubt arises Syariah High Court to decide.

Conditions Requisite for Initiation of Proceeding

Section 71. Cognisance of offence by Judge.
Section 72. Sanction to prosecute.

CHAPTER VIII - COMPLAINTS TO JUDGE

Section 73. Examination of complainant.
Section 74. Postponement of issue of process.
Section 75. Dismissal of complaint.
Section 76. Issue of process.

CHAPTER IX - OF THE CHARGE

Section 77. Form of charge.
Section 78. Particulars as to time, place and person.
Section 79. When manner of committing offence must be stated.
Section 80. Sense of words used in charge to describe offence.
Section 81. Effect of errors.
Section 82. Court may amend or add to charge.
Section 83. When trial may proceed immediately after amendment or condition.
Section 84. When new trial may be directed or trial suspended.
Section 85. Stay of proceedings if prosecution of offence in amended charge requires previous sanction.
Section 86. Recall of witness when charge amended or added.
Section 87. Separate charges for distinct offences.
Section 88. Three offences of same kind within twelve months may be tried together.
Section 89. Trial for more than one offence.
Section 90. Where it is doubtful what offence has been committed.
Section 91. When a person charged with one offence can be convicted of another.
Section 92. Person charged with an offence can be convicted of the attempt.
Section 93. When facts proven constitute a lesser offence.
Section 94. When persons may be charged jointly.
Section 95. When offence proved is included in offence charged.
Section 96. Withdrawal of remaining charges on conviction on one of several charges.
Section 97. Outstanding offences.
Section 98. Charges to be in From 8 of Schedule 1.
Section 99. Procedure during trials.
Section 100. Power to discharge conditionally or unconditionally.
Section 101. Addresses.
Section 102. Power to award compensation.
Section 103. Particulars to be recorded.
Section 104. Transfer of cases.

CHAPTER XI - GENERAL PROVISIONS AS TO TRIALS

Section 105. Procedure where there are previous convictions.
Section 106. Prosecutor may decline to prosecute further at any stage.
Section 107. Right of accused to be defended.
Section 108. Court may put questions to accused.
Section 109. Case for prosecution to be explained by Court to undefended accused.
Section 110. Procedure where accused does not understand proceedings.
Section 111. Power to postpone proceedings.
Section 112. Change of Judge during hearing.
Section 113. Detention of offenders attending in Court.
Section 114. Weekly or public holiday.
Section 115. Evidence to be taken in the presence of the accused.
Section 116. Recording of evidence.
Section 117. Record in other cases.
Section 118. Mode of recording evidence.
Section 119. Interpretation of evidence to accused.
Section 120. Remarks as to demeanour of witness.
Section 121. Other persons may be authorised to take down notes of evidence.
Section 122. Mode of delivering judgement.
Section 123. Judgement in the alternative.
Section 124. Judgement not to be altered.
Section 125. Judgement in error may be revised.
Section 126. Judgement to be explained to accused and copy supplied.
Section 127. Judgement to be filed with record.

CHAPTER XIV - OF SENTENCES AND THE EXECUTION THEREOF

Section 128. Provisions as to execution of sentence of imprisonment.
Section 129. Provisions as to sentences of fine.
Section 130. Suspension of execution in certain cases.
Section 131. Warrant by whom issuable.
Section 132. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
Section 133. Juvenile offenders.
Section 134. First offenders.
Section 135. Failure to abserve conditions of bond.
Section 136. Conditions of bond.
Section 137. Return of warrant.

CHAPTER XV - OF PREVIOUS ACQUITTALS OR CONVICTIONS

Section 138. Person once convicted or acquitted or acquitted not to be tried again for same offence.
Section 139. Plea of previous acquittal or conviction.

PART V - APPEAL AND REVISION

CHAPTER XVI - APPEAL TO SYARIAH HIGH COURT

Section 140. When plea of guilty limits right of appeal.
Section 141. Appeal against acquittal.
Section 142. Procedure for appeal.
Section 143. Transmission of appeal record.
Section 144. Appeal specially allowed in certain cases.
Section 145. Stay of execution pending appeal.
Section 146. Setting down appeals on list.
Section 147. Procedure at hearing.
Section 148. Nonappearance of respondent.
Section 149. Arrest of respondent in certain cases.
Section 150. Decision on appeal.
Section 151. Order to take further evidence.
Section 152. Judgement.
Section 153. Certificate and consequence of judgement.
Section 154. Death of parties to appeal.
Section 155. Costs.

CHAPTER XVII - APPEAL TO THE SYARIAH APPEAL COURT

Section 156. Jurisdiction of the Syariah Appeal Court.
Section 157. Notice of appeal.
Section 158. Record of proceedings.
Section 159. Petition of appeal.
Section 160. Procedure where appellant in prison.
Section 161. Transmission of records to Syariah Appeal Court.
Section 162. Appeal out of time and procedural defects.
Section 163. On appeal against acquittal, accused may be arrested.
Section 164. Appeal not to operate as stay of execution.
Section 165. Notice and time of hearing.
Section 166. Powers of Syariah Appeal Court.
Section 167. Additional evidence.
Section 168. Judgment.
Section 169. Judgement to be certified to trial Court.
Section 170. Reference to the Syariah Appeal Court by the Syariah High Court.
Section 171. Reference to Syariah Appeal Court on appeal from a Syariah Subordinate Court.

CHAPTER XVIII - OF REVISION

Section 172. Power to revise.
Section 173. Power to order further inquiry.
Section 174. Power of the Judge of the Syariah High Court on revision.
Section 175. Leave for parties to appear.
Section 176. Orders on revision.

CHAPTER XIX - PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 177. Procedure as to offences committed before any Court.
Section 178. Record of facts constituting the offence.
Section 179. Alternative procedure.
Section 180. Power to remit punishment.
Section 181. Refusal to give evidence.
Section 182. Appeal.
Section 183. Judge not to try certain offences committed before himself.

PART VI - SUPPLEMENTARY PROVISIONS

CHAPTER XX - PROSECUTION

Section 184. Chief Syariah Prosecutor.
Section 185. Appearance of Chief Syariah Prosecutor or his representative.
Section 186. Prosecution.
Section 187. Appointment of Peguam Syarie.

CHAPTER XXI - OF BAIL

Section 188. When person may be released on bail.
Section 189. Amount of bond.
Section 190. Bond to be executed.
Section 191. When such person to be released.
Section 192. When warrant of arrest may be issued against person bailed.
Section 193. Sureties may apply to have bond discharged.
Section 194. Appeal.
Section 195. Procedure when person able to give material evidence is dangerously ill.
Section 196. Where person bound to give evidence intends to leave Malaysia.
Section 197. Reports of certain persons.
Section 198. How previous conviction or acquittal may be proved.
Section 199. Record of evidence in absence of accused.
Section 200. Notice to be given of defence of alibi.
Section 201. Deposit instead of bond.
Section 202. Procedure on forefeiture bond.
Section 203. Appeal from order.

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

Section 204. Court shall consider manner of disposal of exhibits.
Section 205. Order for disposal of property regarding which offence committed.

CHAPTER XXV - TRANSFER OF CRIMINAL CASES

Section 206. Power of the Judge Syariah Court to transfer cases.
Section 207. Application for transfer to be supported by affidavit.

CHAPTER XXVI - IRREGULARITIES IN PROCEEDINGS

Section 208. Proceeding in wrong place, etc.
Section 209. Omission to frame charge.
Section 210. Irregularities not to vitiate proceedings.

CHAPTER XXVII - PERSONS OF UNSOUND MIND

Section 211. Procedure where accused is suspected to be of unsound mind.
Section 212. Certificate of Medical Superintendent.
Section 213. Release of person of unsound mind pending investigation or trial.
Section 214. Resumption of trial.
Section 215. When accused appeared to have been of unsound mind.
Section 216. Judgment of acquittal on ground of mental disorder.
Section 217. Safe custody of person acquitted.
Section 218. Procedure where prisoner of unsound mind is reported able to make his defence.
Section 219. Procedure where person of unsound mind is reported fit for discharge.
Section 220. Delivery of person of unsound mind to care of relative.
Section 221. Interpretation of "mental hospital" and "visitors".
Section 222. Power to suspend or commute sentences.

PART VII

CHAPTER XXIX - GENERAL

Section 223. Definition.
Section 224. Protection of officers.
Section 225. Contempt of Court.
Section 226. False information, evidence, or admission.
Section 227. Signing of affidavit.
Section 228. Power Court to Summon and examine person.
Section 229. Order for payment of compensation.
Section 230. Mode of payment of compensation.
Section 231. Copies of proceedings.
Section 232. Person released on bail to give address for service.
Section 233. Compensation where charge is groundless.
Section 234. Judge not to act where interested.
Section 235. Forms.
Section 236. Islamic Law.
Section 237. Application to pending cases.
Section 238. Evidence.

SCHEDULE 1

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SCHEDULE II
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