Section 72. Cognizance of offences by Judge (SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 1 - OF THE JURISDICTION OF CRIMINAL COURT IN TRIALS
Conditions Requisite For Initiation Of Proceedings

Section 72. Cognizance of offences by Judge

(1) Subject to this Enactment, a Judge may take cognizance of an offence-

(a) upon receiving a complaint as defined by this Enactment;

(b) upon his own knowledge and with evidence to support that such offence has been committed;

(c) upon any person being brought before him in custody without process accused of having committed an offence which such Judge has jurisdiction to try.

(2) When a Judge takes cognizance of an offence under paragraph (1)(b), the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by such Judge but shall be tried by another Judge.