ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURTS
Chapter III - OF ARREST, ESCAPE AND RE-ARREST



Section 12. Search of place entered by person sought to be arrested.


(1) If any person acting under a warrant of arrest or any Penyelia Agama, Pegawai Masjid, Police Officer, Penghulu or qualified Guru Agama having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place the person residing in or in charge of such place shall, on demand of such person acting as aforesaid or such Penyelia Agama, Pegawai Masjid, Police Officer, Penghulu or qualified Guru Agama allow him free ingress thereto and afford all reasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under the provisions of the preceding sub-section it shall be lawful in any case for a person acting under a warrant and in any case for in which a warrant may issued but cannot be obtained without affording the person to be arrested an apportunity to escape for Penyelia Agama, Pegawai Masjid, Police Officer, Penghulu or qualified Guru Agama to enter such place and search therein, and in order to effect an entrance into such place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.



Copyright © PNMB-LawNet. All rights reserved.