Original Enactment


NEGERI SEMBILAN

ENACTMENT NO. 13 OF 2003
SYARIAH CRIMINAL PROCEDURE (NEGERI SEMBILAN) ENACTMENT 2003

Date of Royal Assent :28 February 2004
Date of publication in the Gazette :1 March 2004
Date of coming into operation :1 March 2004 [N.S. P.U. 4/2004]
ARRANGEMENT OF SECTIONS
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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 RELIGIOUS ENFORCEMENT OFFICER

Section 8. Public, when to assist Judge, etc.
Section 9. Public to give information of certain matters

CHAPTER 2 - OF ARREST, ESCAPE AN 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 presence of 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 PROCESSES TO COMPEL APPEARANCE

Summons

Section 28. Form of summons and service
Section 29. Summons: how served
Section 30. Procedure when personal service cannot be effected
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 RELIGIOUS ENFORCEMENT OFFICER AND THEIR POWER 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 Religious Enforcement Officer
Section 60. Statements to Religious 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 Religious 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 Religious Enforcement Officer

PART V - PROCEEDINGS IN PROSECUTIONS

CHAPTER 1 - OF THE JURISDICTION OF CRIMINAL COURT IN TRIALS

Section 67. Ordinary place of trial
Section 68. Accused triable in place where act is done or where consequence ensues
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 Syariah 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 describe offence
Section 82. Effect of errors
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 charge 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 PROVISIONS 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 of 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
Section 111. Procedure where accused does not understand proceedings

CHAPTER 6 - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS

Section 112. Evidence to be taken in the presence of the accused
Section 113. Recording of evidence
Section 114. Record in all cases
Section 115. Mode of recording evidence
Section 116. Interpretation of evidence to accused
Section 117. Remarks as to demeanour of witness
Section 118. Other persons may be authorized to take down notes of evidence

CHAPTER 7 - OF THE JUDGMENT

Section 119. Mode of delivering judgment
Section 120. Judgment to be explained to accused and copy supplied
Section 121. Judgment to be filed with record
Section 122. Judgment in the alternative
Section 123. Judgment not to be altered
Section 124. Judgment in error may be revised

CHAPTER 8 - OF SENTENCES AND THE CARRYING OUT OF SENTENCES

Section 125. Provisions as to execution of sentence of imprisonment
Section 126. Provisions as to sentences of fine
Section 127. Suspension of execution in certain cases
Section 128. Warrant : by whom issuable
Section 129. Sentence of whipping
Section 130. Time of executing such sentence of whipping
Section 131. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
Section 132. Youthful offenders
Section 133. First offenders
Section 134. Condition of bonds
Section 135. Return of warrant

CHAPTER 9 - OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES

Section 136. Power to suspend or remit sentences
Section 137. Power to commute punishment

CHAPTER 10 - OF PREVIOUS ACQUITTALS OR CONVICTIONS

Section 138. Person once convicted or acquitted not to be tried again for same offence
Section 139. Plea of previous acquittal or conviction

PART VI - OF APPEAL AND REVISION

CHAPTER 1 - OF APPEALS TO THE SYARIAH HIGH COURT

Section 140. When plea of guilty limits right of appeal
Section 141. Appeal against acquittal
Section 142. Procedure for appeal
Section 143. Transmission of appeal record
Section 144. Appeal specially allowed in certain cases
Section 145. Stay of execution pending appeal
Section 146. Setting down appeals on list
Section 147. Procedure at hearing
Section 148. Non-appearance of respondent
Section 149. Arrest of respondent in certain cases
Section 150. Decision on appeal
Section 151. Order to take further evidence
Section 152. Judgment
Section 153. Certificate and consequence of judgment
Section 154. Death of parties to appeal
Section 155. Costs

CHAPTER 2 - OF APPEAL TO THE SYARIAH APPEAL COURT

Section 156. Jurisdiction of the Syariah Appeal Court
Section 157. Notice of appeal
Section 158. Records of proceedings
Section 159. Petition of appeal
Section 160. Procedure where appellant in prison
Section 161. Transmission of records to Syariah Appeal Court
Section 162. Appeals out of time and formal defects
Section 163. On appeal against acquittal, accused may be arrested
Section 164. Appeal not to operate as stay of execution
Section 165. Notice of time and place of hearing
Section 166. Powers of Syariah Appeal Court
Section 167. Additional evidence
Section 168. Judgment
Section 169. Judgment or order to be certified to trial Court
Section 170. Point reserved on trial for Syariah Appeal Court
Section 171. References to Syariah Appeal Court on appeal from a Syariah Subordinate Court

CHAPTER 3 - OF REVISION

Section 172. Power to revise
Section 173. Power to order further inquiry
Section 174. Power on revision
Section 175. Hearing of parties on revision
Section 176. Orders on revision

CHAPTER 4 - PROCEEDINGS IN CASE OF CERTAIN OFFENCE AFFECTING THE ADMINISTRATION OF JUSTICE

Section 177. Procedure as to offences in Court
Section 178. Record of facts constituting the offence
Section 179. Alternative procedure
Section 180. Power to remit punishment
Section 181. Refusal to give evidence
Section 182. Appeal
Section 183. Judge not to try certain offences committed before himself

PART VII - SUPPLEMENTARY PROVISIONS

CHAPTER 1 - PERSONS OF UNSOUND MIND

Section 184. Procedure where accused is suspected of unsound mind

CHAPTER 2 - OF PROSECUTION

Section 185. Chief Syarie Prosecutor
Section 186. Chief Syarie Prosecutor to appear personally
Section 187. Prosecution
Section 188. Employment of Peguam Syarie

CHAPTER 3 - OF BAIL

Section 189. When person may be released on bail
Section 190. Amount of bond
Section 191. Bond to be executed
Section 192. When person to be released
Section 193. When warrant of arrest may be issued against person bailed
Section 194. Sureties may apply to have bond discharged
Section 195. Appeal

CHAPTER 4 - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 196. Procedure when person able to give material evidence is dangerously ill
Section 197. Where person bound to give evidence intends to leave Malaysia
Section 198. Reports of certain persons
Section 199. How previous conviction or acquittal may be proved
Section 200. Records of evidence in absence of accused
Section 201. Notice to be given of defence of alibi

CHAPTER 5 - PROVISIONS AS TO BONDS

Section 202. Deposit instead of bond
Section 203. Procedure on forfeiture of bond
Section 204. Appeals from orders

CHAPTER 6 - OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES

Section 205. Court shall consider manner of disposal of exhibits
Section 206. Order for disposal of property regarding which offence committed

CHAPTER 7 - OF THE TRANSFER OF CRIMINAL CASES

Section 207. Power of the Judge of the Syariah High Court to transfer cases
Section 208. Application for transfer to be supported by affidavit

CHAPTER 8 - OF IRREGULARITIES IN PROCEEDINGS

Section 209. Proceeding in wrong place, etc.
Section 210. Omission to frame charge
Section 211. Irregularities not to vitiate proceedings

PART VIII - GENERAL

Section 212. Definition
Section 213. Protection of officers
Section 214. Contempt of Court
Section 215. False information, evidence or admission
Section 216. Religious officer disobeying a direction of the law with the intent to cause injury to any person
Section 217. Omission to produce, etc. a document to a religious officer by a person legally bound to produce, etc. such document
Section 218. Refusing oath when duly required to take oath by a religious officer
Section 219. Refusing to answer a religious officer authorized to question
Section 220. Refusing to sign statement
Section 221. Intentional insult or interruption to a religious officer sitting in any stage of a judicial proceeding
Section 222. Sworn affidavit
Section 223. Power of Court to summon and examine persons
Section 224. Order for payment of compensation
Section 225. Provisions as to compensation
Section 226. Copies of proceedings
Section 227. Person released on bail to give address for service
Section 228. Compensation where charge is groundless
Section 229. Judge not to act where interested
Section 230. Evidence
Section 231. Forms
Section 232. Application of fines
Section 233. Hukum Syarak
Section 234. Repeal

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