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

PART VII - SUPPLEMENTARY PROVISIONS
CHAPTER 26 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES



Section 198. Order for disposal of property regarding which offence committed.

(1) Any Court may if it thinks fit impound any property or document produced before it under this Code.

(2) During or at the conclusion of any trial in any Syariah Court, the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of any Religious Enforcement Officer or the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.

The power herein conferred shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.

(3) A Court makin an order under this section in respect of any property or document shall direct whether such order is to take effect immediately or at any future date or on the happening of any future contigency and shall, except when the property is livestock or property subject to speedy and natural decay, include in such order all necessary directions and conditions to ensure that such property or document will be produced as and when required for the purposes of the trial during or at the conclusion of which such order is made or for the purposes of any appeal or further criminal proceedings resulting from such trial.

(4) In this section the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.




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