ENACTMENT NO. 4 OF 1994
CRIMINAL PROCEDURE (SYARIAH) CODE 1994

PART IV - PROCEEDINGS IN PROSECUTIONS
CHAPTER 10 - OF TRIALS



Section 95. Power to discharge conditionally or unconditionally.

(1) Notwithstanding anything contained in the last preceding section, the Court shall have the powers contained in this section.

(2) When any person is charged before the Court with an offence punishable by such Court, and the Court finds that the charge is proved, but is of the opinion that having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial of the offence, or to the extenuating circumstannces under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment or that it is expedient to release the offender on probation, the Court may, without proceeding to record a conviction, make an order either-
(3) The Court may, in addition to any such order, order the offender to pay such compensation for injury or for loss (not exceeding the sum of one thousand ringgit) or to pay such costs of the proceedings as the Court thinks reasonable or to pay both compensation and costs.

(4) If the Court is satisfied by information on oath that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his apprehension.

(5) Any offender when apprehended on any such warrant shall, if not forthwith brought before the Court having power to sentence him, be brought before a Syariah Judge who may remand him by warrant in prison or allow him to enter into a bond with sufficient sureties, and if the offender is remanded in prison, such warrant of remand shall order that he shall be brought before the Court before which he executed the bond or if he is on bound to appear in the same Court, for judgment or to answer as to his conduct since his release.




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