Section 57. Procedure where seizable offence suspected (SYARIAH CRIMINAL PROCEDURE (STATE OF PENANG) ENACTMENT 1996

ENACTMENT NO. 4 OF 1996
SYARIAH CRIMINAL PROCEDURE (STATE OF PENANG) ENACTMENT 1996

PART IV - INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWER TO INVESTIGATE

Section 57. Procedure where seizable offence suspected

(1) If from information received or otherwise a Religious Enforcement Officer has reason to suspect the commission of a seizable offence he shall, unless the offence is of a character which the Chief Syariah Prosecutor has directed need not be reported to him, forthwith send a report of the same to the Chief Syariah Prosecutor, and shall proceed in person or shall depute one of his subordinate officers to proceed to the spot to inquire into the facts and circumstances of the case and to take such measures as may be necessary for the discovery of the offender:

Provided that -

(a) when any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature the Religious Enforcement Officer receiving the same need not proceed in person or make an inquiry on the spot;

(b) if it appears to the Religious Enforcement Officer receiving the information that there is no sufficient ground for proceeding or further proceeding in the matter he shall not do so.

(2) In each of the case mentioned in paragraph (a) and (b), the Religious Enforcement Officer receiving the information shall state in his said report, if any, his reasons for not fully complying with subsection (1).