Updated Enactment




NEGERI SEMBILAN

Enactment No. 4 of 1992
SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992
Incorporating latest amendment - En. 3/2004


Date of Royal Assent
:
23 December 1992
Date of publication in the Gazette
:
7 January 1993
Date of coming into operation
:
1 June 1993 [Ns. P.U. 7/93]
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ARRANGEMENT OF SECTIONS
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Preamble

PART I - PRELIMINARY
Section 1. Short title, commencement and application.
Section 2. Interpretation.
Section 3. Saving of prerogative.

PART II - GENERAL EXCEPTIONS
Section 4. Act done by a person bound, or by mistake of fact believing himself bound, by law.
Section 5. Act of judge when acting judicially.
Section 6. Act done pursuant to the judgment or order of a Court.
Section 7. Act done by a person justified by law, or by mistake of fact believing himself justified by law.
Section 8. Accident in the doing of a lawful act.
Section 9. Act likely to cause harm but done without a criminal intent, and to prevent other harm.
Section 10. Act of a child who has not attained the age of baligh.
Section 11. Act of a person of unsound mind.
Section 12. Intoxication when a defence.
Section 13. Defence of intoxication when established.
Section 14. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
Section 15. Act not intended to cause death, done by consent in good of faith for the benefit of a person.
Section 16. Act done in good faith for the benefit of a child or person of unsound mind, by or with consent of guardian.
Section 17. Consent known to be given under fear of misconception and consent of a child or person of unsound mind.
Section 18. Acts which are offences independently of harm caused to the person consenting, are not within the exceptions in section 14, 15 and 16.
Section 19. Act done in good faith for the benefit of a person without consent.
Section 20. Communication made in good faith.
Section 21. Act to which a person is compelled by threats.
Section 22. Act causing minor harm.
Section 23. Nothing done in private defence is an offence.
Section 24. Right of private defence of the body and of property.
Section 25. Right of private defence against the act of a person of unsound mind.
Section 26. Act against which there is no right of private defence.
Section 27. When the right of private defence of the body extends to causing death.
Section 28. When such right extends to causing any harm other than death.
Section 29. Commencement and continuance of the right of private defence of the body.
Section 30. When the right of private defence of property extends to causing death.
Section 31. When such right extends to causing any harm other than death.
Section 32. Commencement and continuance of the right of private defence of property.
Section 33. Right of private defence against a deadly assault when there is risk of harm to an innocent person.

PART III - OF ABETMENT
Section 34. Abetment of a thing.
Section 35. Abettor.
Section 36. Abetment in State of Negeri Sembilan of offences outside State of Negeri Sembilan.
Section 37. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment.
Section 38. Punishment of abetment if the person abetted does the act with a different intention from that of the abettor.
Section 39. Liability of abettor when one act is abetted and a different act is done.
Section 40. Abettor, when liable to cumulative punishment for act abetted and for act done.
Section 41. Liability of abettor for an offence caused by the act abetted different form that intended by the abettor.
Section 42. Abettor present when offence committed.
Section 43. Abetment of an offence punishable with imprisonment, public officer whose duty is to prevent such offence.
Section 44. Abetting the commission of an offence by the public, or by more than the persons.
Section 45. A public servant concealing a design to commit an offence which it is his duty to prevent.
Section 46. Concealing a design to commit an offence punishable with imprisonment.

PART IV - OFFENCES
Of Offences Relating To Aqidah

Section 47. Worshipping.
Section 48. Declaring being non-Muslim.

Of Offences Relating To Insulting Religion And Its Institution

Section 49. Derogating, etc. of verses of the Al-Quran or Hadith.
Section 50. Insulting, put into contempt, etc. of Islamic Religion.
Section 51. Fatwa to the contrary.
Section 52. Conduct or deviationist teachings.
Section 53. Teaching Religion of Islam without Tauliah.
Section 54. Religious publications contrary to Hukum Syarak.
Section 55. Building a mosque or surau without permission.
Section 56. Injuring or defiling a place of worship with intent to insult the Religion of Islam.
Section 57. Disturbing a religious assembly or ceremony.
Section 58. Trespassing on burial places, etc.
Section 59. Defying the directive of the Religious Authority.
Section 59A. Offence of disobeying the Court order.

Of Offences Relating To Decency

Section 60. Illicit intercourse.
Section 61. An act preparatory to illicit intercourse.
Section 62. Muabbad or rairu muabbad relation.
Section 63. Liwat.
Section 64. Musahaqah.
Section 65. Sexual intercourse against the order of nature.
Section 66. Male person posing as a woman.
Section 67. Indecent acts.
Section 68. Qazaf.
Section 69. Prostitution.
Section 70. Muncikari.
Section 71. Persons living on or trading in prostitution.
Section 72. Prostituting wife or child.
Section 73. Selling or giving away child.
Section 74. Instigates married woman or man.
Section 75. Pregnancy outside marriage.
Section 76. Enticing or taking away married woman or anak dara.
Section 77. Enticing or taking away or detaining with a criminal intent a married woman or an anak dara.

Of Offences Relating To Intoxicating Drinks and Gambling

Section 78. Intoxicating drinks and gambling.
Section 79. Making, selling, etc. intoxicating drinks.
Section 79A. Gambling

Of False Evidence And Offences Against Public Justice

Section 80. Giving false evidence.
Section 81. Fabricating false evidence.
Section 82. Punishment for false evidence.
Section 83. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment.
Section 84. Using evidence known to be false.
Section 85. Issuing or signing a false certificate.
Section 86. Using as a true certificate one known as to be false in a material point.
Section 87. False statement made in any declaration which is by law receivable as evidence.
Section 88. Using as true any such declaration known to be false.
Section 89. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender.
Section 90. Intentional omission, by a person bound to inform, to give information of an offence.
Section 91. Giving false information respecting an offence committed.
Section 92. Destruction of document to prevent its production as evidence.
Section 93. False personation for the purpose of any act or proceeding in a suit.
Section 94. Dishonestly making a false claim before a Court.
Section 95. Fraudulently obtaining a decree for a sum not due.
Section 96. False charge of offence made with intent to injure.
Section 97. Intentional insult or interruption to a public servant sitting in any stage of a judical proceeding.

Of Contempt Of The Lawful Authority Of Public Servants

Section 98. Absconding to avoid service of summons or other proceeding from a public servant.
Section 99. Preventing service of summons or other proceeding, or preventing publication thereof.
Section 100. Non-attendance in obedience to an order from a public servant.
Section 101. Omission to produce a document to a public servant by a person legally bound to produce such document.
Section 102. Omission to give notice or information to a public servant by a person legally bound to give notice or information.
Section 103. Furnishing false information.
Section 104. Refusing oath when duly required to take oath by a public servant.
Section 105. Refusing to answer a public servant authorised to question.
Section 106. Refusing to sign statement.
Section 107. False information, with intent to cause a public servant to use his lawful power to the injury of another person.
Section 108. Obstructing public servant in discharge of his public functions.
Section 109. Disobedience to an order duly promulgated by a public servant.

Of Offences Relating To Property Of Majlis

Section 110. Unlawful occupation, etc. of Majlis land.
Section 111. Unlawful use of air space above Majlis land.
Section 112. Unlawful extraction or removal of rock material.

Of Miscellaneous Offences And Sanction To Prosecute

Section 113. Failure to perform Friday prayers.
Section 113A. Offence relating to khutbah
Section 114. Selling food and consuming of food in the month of Ramadhan.
Section 115. Takfir.
Section 116. Report of conversions.
Section 117. Secrecy.
Section 118. Non payment of zakat or fitrah.
Section 119. Sanction to prosecute.

Of Attempts To Commit Offences

Section 120. Punishment for attempting to commit offences punishable with imprisonment.
Section 121. Repeal. Enactment 15/1960.

Schedule

List of Amendments
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