Original Enactment
STATE OF KELANTAN
ENACTMENT NO. 8 OF 2002
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2002
Date of Royal Assent :
24 November 2002
Date of publication in the Gazette :
19 December 2002
Date of coming into operation :
1 October 2003
ARRANGEMENT OF SECTIONS
_____________
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 SYARIAH ENFORCEMENT OFFICER
Section
8.
Public, when to assist Judge, etc.
Section
9.
Public to give information of certain matters.
CHAPTER 2 - OR ARREST, ESCAPE AND 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 person arrested.
Section
24.
Offence committed in the presence of a Judge.
Section
25.
Arrest by or in the presence of a 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 PROCESSESS TO COMPEL APPEARANCE
Summons
Section
28.
Form of summons and service.
Section
29.
Summons: how served.
Section
30.
Procedure when personal service cannot be affected.
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.
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 SYARIAH ENFORCEMENT OFFICERS AND THEIR POWERS 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 Syariah Enforcement Officer.
Section
60.
Statements to Syariah 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 Syariah 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 Syariah Enforcement Officer.
PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 1 - OF THE JURISDICTION OF COURT IN TRIALS
Section
67.
Ordinary place of trial.
Section
68.
Accused triable in place where act is done or where consequence ensue.
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 Syarie Judge to decide.
Conditions Requisite for Initiation of Proceedings
Section
72.
Cognizance of offences by Judge.
Section
73.
Sanction to prosecute from Chief Syarie 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 described offence.
Section
82.
Effect of error.
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 charged 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 PROVISION 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 for 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 presence of the accused.
Section
112.
Recording of evidence.
Section
113.
Recorded 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 sentences 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 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.
Conditions 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 to revision.
Section
171.
Hearing of parties on revision.
Section
172.
Orders on revision.
CHAPTER 4 - PROCEEDING IN CASES OF CERTAIN OFFENCES 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 - PERSON OF UNSOUND MIND
Section
180.
Procedure where accused is suspected to be of unsound mind.
CHAPTER 2 - OF PROSECUTION
Section
181.
Chief Syarie Prosecutor.
Section
182.
Chief Syarie 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.
Record of evidence in absence of accused.
Section
197.
Notice to be given of defence of alibi.
CHAPTER 5 - PROVISION AS TO BONDS
Section 198.
Deposit instead of bond.
Section
199.
Procedure on forfeiture of bond.
Section
200.
Appeal 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 Syariah High Court to transfer cases.
Section
204.
Application for transfer to be supported by affidavit.
CHAPTER 8 - OF IRREGULARITIES IN PROCEEDINGS
Section
205.
Proceedings 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 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.
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SECOND SCHEDULE
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