Section 101. Sanction to prosecute. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

ENACTMENT NO. 12 OF 1986
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT 1986

PART III- SYAR'IAH COURTS
Procedure in Criminal Proceedings

Section 101. Sanction to prosecute.

(1) No prosecution shall be instituted for any offence punishable under sections 197, 198, 199, 201, 204, 205, 209, 216, and 217 except with the written sanction of the Commissioner.

(2) No such sanction shall remain in force unless acted upon within one month from the date on which it was given.

(3) Notwithstanding that the sanction of the Commissioner has not been obtained, a person charged with the offence may be issued with a summons or arrested or a warrant for his arrest may be issued and executed; and the person may be remanded in custody or released on bail but the case shall not be further prosecuted until the consent has been obtained.

(4) Where a person is brought before a Court under this section before the Commissioner has given sanction for the prosecution, the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.