Original Enactment


SABAH

ENACTMENT NO. 10 OF 1993
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1993

Date of Royal Assent :7 December 1993
Date of publication in the Gazette :9 December 1993
Date of coming into operation :10 December 1993
ARRANGEMENT OF SECTIONS
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Preamble

PART I - PRELIMINARY

CHAPTER I

Section 1. Short title and commencement.
Section 2. Interpretation.
Section 3. Trial of offences by the Court.
Section 3A. Saving of prerogative.
Section 4. Courts.

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURTS

CHAPTER II - CRIMINAL COURTS

Section 5. Courts to be open.
Section 6. Exclusion of public in certaion cases.
Section 7. Criminal jurisdiction of a Judge.
Section 8. Public, when to assist Judge, Religious Enforcement Officer and Police.
Section 9. Public to give information of certain matters.

CHAPTER III - ARREST, ESCAPE AND RE-ARREST

Section 10. Arrest how made.
Section 11. Search of place entered by person sought to be arrested.
Section 12. Search person in place search 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 18A. Refusal to give name or address.
Section 19. Person be arrested by Religious Enforcement Officer, how to be dealt with.
Section 20. Pursuit of offenders.
Section 21. How person arrested is to be dealt with and detention for more than twenty-four hours.
Section 22. Release of person arrested.
Section 23. Offence committed in the presence of a Judge.
Section 24. Arrest by or in presence of a Judge.
Section 25. Power to pursue and to re-arrest.
Section 26. Provisions of sections 11 and 13 to apply to arrest under section 25.

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURTS

CHAPTER IV - SUMMONS

Section 27. Form of summons and service.
Section 28. Summons how served.
Section 29. Procedure when personal service cannot be efected.
Section 30. Proof of service.

Warrant of arrest

Section 31. Form of warrant of arrest.
Section 32. Court may direct by indorsement on warrant security to be taken.
Section 33. Warrants to whom directed.
Section 34. Notification of substance of warrant.
Section 35. Person arrested to be brought before Court without delay.
Section 36. Procedure on arrest of person against whom warrant is issued.

Other Rules Regarding Summonses to Appear and Warrants of Arrest

Section 37. Issues of warrant in lieu of or in addition to summons.
Section 38. Summons to appear and warrant of arrest may be executed in any part of Malaysia.
Section 39. Power to take bond for appearance.
Section 40. Arrest on breach of bond for appearance.

CHAPTER V - PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

Section 41. Summons to produce document or other things.
Section 42. Provisions of sections 27 to 30 to apply.
Section 43. When search warrant may be issued.
Section 44. Power to restrict search warrant.
Section 45. Judge may issue warant authorising search for evidence of offence.
Section 46. Form of search warrant.
Section 47. Search for persons wrongfully confined.
Section 48. Person in charge of closed places to allow search.
Section 49. Judge issuing search warrant may attend at its execution.
Section 50. Judge may direct search in his presence.
Section 51. List of all things seized to be made and signed.
Section 52. Occupant to be present at search.

PART III - INFORMATION TO RELIGIOUS ENFORCEMENT OFFICER AND THEIR POWER TO INVESTIGATE

CHAPTER VI

Section 53. Information.
Section 53A. Procedure.
Section 54. Admission of certified copy of information as evidence.
Section 55. Procedure where offence suspected.
Section 56. Power to require attendance of witness.
Section 57. Examination of witness by Religious Enforcement Officer.
Section 58. Statement to Religious Enforcement Officer not to be admitted in evidence.
Section 59. No inducement to be offered.
Section 60. Power to record statement and confession.
Section 61. Search by Religious Enforcement Officer.
Section 62. Religious Enforcement Officer may require bond for appearnce of complainant and witness.
Section 63. Diary of proceedings in investigation.
Section 64. Report of Religious Enforcement Officer.

PART IV - PROCEEDINGS IN PROSECUTIONS

CHAPTER VII - JURISDICTION OF SYARIAH CRIMINAL COURTS REGARDING TRIALS

Section 65. Ordinary place of trial.
Section 66. Accused triable in place where act is done or where consequence ensues.
Section 67. Place of trial where act is an offence by reason of relation to other offence.
Section 68. Where scene of offence is uncertain, etc.
Section 69. When doubt arises Chief Syariah Judge to decide.

Conditions Requisite for Initiation of Proceeding

Section 70. Cognisance of offences by Judge.
Section 71. (Omitted)

CHAPTER VIII - COMPLAINTS TO JUDGE

Section 72. Examination of complainant.
Section 73. Postponement of issue of process.
Section 74. Dismissal of complaint.
Section 75. Issue of process.

CHAPTER IX - THE CHARGE

Section 76. Form of charge.
Section 77. Particulars as to time place and person.
Section 78. When manner of committing offence must be stated.
Section 79. Sense of the words used in charge to describe offence.
Section 80. Effect of errors.
Section 81. Court may amend or add to charge.
Section 82. When trial may proceed immediately after amendment or addition.
Section 83. When new trial may be directed or trial suspended.
Section 84. Stay of proceedings if prosecution of offence in amended charge requires previous sanction.
Section 85. Recall of witness when charge amended or added.
Section 86. Separate charges for distinct offences.
Section 87. Three offences of same kind within twelve months may be tried together.
Section 88. Trial for more than one offence.
Section 90. When a person charged with one offence can be convicted of another.
Section 91. Person charged with an offence can be convicted of attempt.
Section 92. When facts proven constitute a lesser offence.
Section 93. When persons may be charged jointly.
Section 94. Procedure during trials.
Section 95. Power to discharge conditionally or unconditionally.
Section 96. Adresses.
Section 97. Power to award compensation.
Section 98. Particulars to be recorded.
Section 99. Transfer of cases.

CHAPTER XI - GENERAL PROVISIONS AS TO TRIALS

Section 100. Procedure where there are previous convictions.
Section 101. Prosecutor may decline to prosecute further at any stage.
Section 102. Right of the accused to be defended.
Section 103. Court may put questions to accused.
Section 104. Case for prosecution to be explained by Court to undefended accused.
Section 105. Power to postpone or adjourn proceedings.
Section 106. Change of Judge during hearing.
Section 107. Detention of offenders attending in Court.
Section 108. Weekly or public holiday.

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

Section 109. Evidence to be taken in the presence of the accused.
Section 110. Recording of evidence.
Section 111. Record in all cases.
Section 112. Mode of recording evidence.
Section 113. Interpretation of evidence to accused.
Section 114. Remarks as to demeanour of witness.
Section 115. Other persons may be authorised to take down notes of evidence.

CHAPTER XIII - JUDGMENT

Section 116. Mode of delivering judgment.
Section 117. Judgement in error may be revised.
Section 117A. Alternative judgment.
Section 118. Judgment to be explained to accused and copy supplied.
Section 119. Judgment to be filed with record.

CHAPTER XIV - SENTENCES AND THE CARRYING OUT THEREOF

Section 120. Provisions as to execution of sentences of imprisonment.
Section 121. Provisions as to sentences of fine.
Section 122. Suspension of execution in certain cases.
Section 123. Warrant by whom issuable.
Section 123A. Whipping.
Section 123B. Place to execute whipping.
Section 123C. Execution of whipping.
Section 124. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
Section 125. Youthful offenders.
Section 126. First offenders.
Section 127. Failure to observe conditions of bond.
Section 128. Conditions of bonds.
Section 129. Return of warrant.
Section 129A. Power to suspend or reduce sentence.
Section 129B. Power to commute sentence.

CHAPTER XV - PREVIOUS ACQUITTALS OR CONVICTIONS

Section 130. Person once convicted or acquitted not to be tried again for same offence.
Section 131. Plea of previous acquittal or conviction.

PART V - APPEAL AND REVISION

CHAPTER XVI - APPEAL TO SYARIAH HIGH COURT

Section 132. When plea of guilty limits right of appeal.
Section 133. Appeal against acquittal.
Section 134. Procedure of appeal.
Section 135. Transmission of appeal record.
Section 136. Appeal specially allowed in certain cases.
Section 137. Stay of execution pending appeal.
Section 138. Setting down appeals on list.
Section 139. Procedure at hearing.
Section 140. Non-appearance of respondent.
Section 141. Arrest of respondent in certain cases.
Section 142. Decision on appeal.
Section 143. Order to take further evidence.
Section 144. Judgment
Section 145. Certificate and consequence of judgment.
Section 146. Death of parties to appeal.
Section 147. Costs.

CHAPTER XVII - APPEAL TO THE SYARIAH APPEAL COURT

Section 148. Jurisdiction of the Syariah Appeal Court.
Section 149. Notice of appeal.
Section 150. Record of appeal.
Section 151. Petition of appeal.
Section 152. Procedure where appellant in prison.
Section 153. Transmission of records to Syariah Appeal Court.
Section 154. Appeals out of time and formal defects.
Section 155. On appeal against acquittal, accused may be arrested.
Section 156. Appeal not to operate as stay of execution.
Section 157. Notice and time of hearing.
Section 158. Powers of Syariah Appeal Court.
Section 159. Additional evidence.
Section 160. Judgment.
Section 161. Judgment to be certified to trial court.
Section 162. Point reserved on trial for Syariah Appeal Court.
Section 163. Reference to Syariah Appeal Court on appeal from a Syariah Lower Court.

CHAPTER XVIII - REVISION

Section 164. Power to revise.
Section 165. Power to order further inquiry.
Section 166. Power of the Judge of the Syariah High Court on revision.
Section 167. Permission for parties to appear.
Section 168. Orders on revision.

CHAPTER XIX - PROCEEDING IN CASE OF CERTAIN OOFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 169. Procedure as to offences committed in Court.
Section 170. Record of facts constituting the offence
Section 171. Alternative procedure.
Section 172. Power to remit punishment.
Section 173. Refusal to give evidence.
Section 174. Appeal.
Section 175. Judge not to try certain offences committed before himself.

PART VI - SUPPLEMENTARY PROVISIONS

CHAPTER XX - PROSECUTION

Section 176. Chief Syariah Prosecutor.
Section 177. Appearance on behalf of Chief Syariah Prosecutor.
Section 178. Prosecution.
Section 179. Employment of Peguam Syarie.

CHAPTER XXI - BAIL

Section 180. When person may be released on bail.
Section 181. When person accused of committing of Hudud Syarie or qisas offence may be released on bail.
Section 182. Amount of bond.
Section 183. Bond to be executed.
Section 184. When such person to be released.
Section 185. When warrant of arrest may be issued against person bailed.
Section 186. Sureties may apply to have bond discharged.
Section 187. Appeal

CHAPTER XXII - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 188. Procedure when person able to give material evidence is dangerously ill.
Section 189. Where person bound to give evidence intends to leave Malaysia.
Section 190. Reports of certain persons.
Section 191. How previous cinvictions or acquittal may be proved.
Section 192. Record of evidence in absence of accused.
Section 193. Notice to be given of defence of alibi.

CHAPTER XXIII - PROVISIONS AS TO BONDS

Section 194. Deposit instead of bond.
Section 195. Procedure on forfeiture of bond.
Section 196. Appeal from orders.

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

Section 197. Court shall consider manner of disposal of exhibits.
Section 198. Order for disposal of property regarding which offence committed.

CHAPTER XXV - TRANSFER OF CRIMINAL CASES

Section 199. Power of the Judge of Syariah High Court to transfer cases.
Section 200. Application for transfer to be supported by affidavit.

CHAPTER XXVI - IRREGULARITIES IN PROCEEDINGS

Section 201. Proceeding in wrong place, etc.
Section 202. Omission to frame charge.
Section 203. Irregularities not to vitiate proceedings.

PART VII

CHAPTER XXVII - GENERAL

Section 203A. Definition of religious officer.
Section 204. Protection of officers.
Section 205. Contempt of Court.
Section 206. False information, evidence or admission.
Section 207. Religious officer disobeying a direction of the law, with the intent to cause injury to any person.
Section 208. Omission to produce a document to a religious officer by a person legally bound to produce such document.
Section 209. Refusing oath when duly required to take oath by a religious officer.
Section 210. Refusing to answer a religious officer authorised to question.
Section 211. Refusing to sign statement.
Section 212. Intentional insult or interruption to religious officer sitting in any stage of a judicial proceeding.
Section 213. Signing of affidavit.
Section 214. Power of Court to summon and examine person.
Section 215. Order for payment of compensation.
Section 216. Mode of payment of compensation.
Section 217. Copies of proceedings.
Section 218. Person released on bail to give address for service.
Section 219. Compensation where charge is groundless.
Section 220. Judge not to act where interested.
Section 221. Forms.
Section 222. Application of fines.
Section 223. Islamic Law.
Section 224. Application to pending cases.
Section 225. Evidence.

SCHEDULE
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