Section 57. Procedure where seizable offence suspected (SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART IV - INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWERS 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 siezable offence he shall, unless the offence is of a character which the Chief Syarie Prosecutor has directed need not be reported to him, forthwith send a report of the information to the Chief Syarie 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 information need not proceed in person or depute a subordinate officer to make an enquiry 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 cases mentioned in paragraphs 1(a) and 1(b), the Religious Enforcement Officer receiving the information shall state in his report, if any, his reasons for not fully complying with subsection (1).