Updated Enactment




KEDAH

ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
Incorporating latest amendment - En. 1/1999


Date of Royal Assent
:
7 March 1989
Date of publication in the Gazette
:
6 April 1989
Date of coming into operation
:
1 October 1988 [K.P.U. 6/89]
_____________
ARRANGEMENT OF SECTIONS
_____________
Preamble.

PART I - PRELIMINARY

Chapter 1

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

PART II - GENERAL PROVISIONS AS TO CRIMINAL COURTS

Chapter II - CRIMINAL COURTS

Section 5. Courts.
Section 6. Courts to be open.
Section 7. Exclusion of public in certain cases.
Section 8. Criminal jurisdiction of Kadi.
Section 9. Public when to assist Kadi, Penyelia Agama, Pegawai Masjid, Police, Penghulu and qualified Guru Agama.
Section 10. Public to give information of certain matters.

Chapter III - OF ARREST, ESCAPE AND RE-ARREST

Section 11. Arrest how made.
Section 12. Search of place entered by person sought to be arrested.
Section 13. Search of persons in place searched under warrant.
Section 14. Power to break open any place for purposes of liberation.
Section 15. No unnecessary restrain and mode of searching a person.
Section 16. Search of persons arrested.
Section 17. Power to seize offensive weapons.
Section 18. Search of persons for name and address.
Section 19. Arrest without warrant.
Section 20. Persons arrested by Pegawai Masjid or Pegawai from the Majlis or Penghulu or qualified Guru Agama how to be dealt with.
Section 21. Pursuit of offenders.
Section 22. How person arrested is to be dealt with and detention for more than twenty-four hours.
Section 23. Release of person arrested.
Section 24. Offence committed in Kadi's presence.
Section 25. Arrest by or in presence of Kadi.
Section 26. Power on escape to pursue and re-take.
Section 27. Provisions of sections 12 and 14 to apply to arrest under section 26.

Chapter IV - OF PROCESSES TO COMPEL APPEARANCE SUMMONS

Section 28. Forms of summons and service.
Section 29. Summons how served.
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 whom directed.
Section 34. Notification of substance of warrant.
Section 35. Person arrested to be brought before the 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. Issue of warrant in lieu of or in addition to summons.
Section 38. Summonses to appear 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 - OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVEABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED

Section 41. Summons to produce document or other things.
Section 42. Provisions of sections 28-30 to apply.

SEARCH WARRANTS

Section 43. When search warrant may be issued.
Section 44. Power to restrict search warrant.
Section 45. Kadi may issue warrant authorising search for evidence of offence.
Section 46. Form of search warrant.
Section 47. Search for persons wrongfully confined.
Section 48. Persons in charge of closed places to allow search.
Section 49. Kadi issuing search warrant may attend at its execution.
Section 50. Kadi 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 THE PENYELIA AGAMA AND THEIR POWERS TO INVESTIGATE

Chapter VI

Section 53. Information.
Section 54. Procedure.
Section 55. Admission of certified copy of information as evidence.
Section 56. Procedure where offence suspected.
Section 57. Power to require attendance of witness.
Section 58. Examination of witnesses by Penyelia Agama.
Section 59. Statements to Penyelia Agama not to be admitted in evidence.
Section 60. No inducement to be offered.
Section 61. Power to record statements and confessions.
Section 62. Search by Penyelia Agama.
Section 63. Bond for appearance of complainant and witnesses.
Section 64. Diary of proceedings in investigation.
Section 65. Report of Penyelia Agama.

PART IV - PROCEEDINGS IN PROSECUTIONS

Chapter VII - OF THE JURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 66. Ordinary place of inquiry and trial.
Section 67. Accused triable in place where act is done or where consequence ensues.
Section 68. Place of trial where act is an offence by reason of relation to other offence.
Section 69. Where scene of offence is uncertain, etc.
Section 70. Offence committed on a journey.
Section 71. When doubt arise Kadi Besar to decide.

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 72. Cognisance of offences by Kadi.

Chapter VIII - OF COMPLAINTS TO KADIS

Section 73. Examination of complainant.
Section 74. Postponement of issue of process.
Section 75. Dismissal of complaint.
Section 76. Issue of process.

Chapter IX - OF THE CHARGE

Section 77. Form of charge.
Section 78. Particulars as to time, place and person.
Section 79. When manner of committing offence must be stated.
Section 80. Sense of words used in charge to describe offence.
Section 81. Effect of errors.
Section 82. Court may alter or add to charge.
Section 83. When trial may proceed immediately after alteration or addition.
Section 84. When new trial may be directed or trial suspended.
Section 85. Stay of proceedings if prosecution or offence in altered charge requires previous sanction.
Section 86. Recall of witnesses when charge altered.
Section 87. Separate charges for distinct offences.
Section 88. Three offences of same kind within twelve months may be charged together.
Section 89. Trial for more than one offence.
Section 90. Where it is doubtful what offence has been committed.
Section 91. When a person charged with one offence can be convicted of another.
Section 92. Person charged with an offence can be convicted of the attempt.
Section 93. When offence proved is included in offence charged.
Section 94. When persons may be charged jointly.
Section 95. Withdrawal of remaining charges on conviction of one of several charges.
Section 96. Outstanding offences.
Section 97. Charges to be in Form 4B in Schedule.

Chapter X - OF TRIALS

Section 98. Procedure in trials.
Section 99. Power to discharge conditionally or unconditionally.
Section 100. Addresses.
Section 101. Power to award compensation.
Section 102. Particulars to be recorded.
Section 103. Transfer of cases.

Chapter XI - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 104. Procedure where there are previous convictions.
Section 105. Prosecution may decline to prosecute futher at any stage.
Section 106. Rights of accused to be defended.
Section 107. Court may put question to accused.
Section 108. Case for prosecution to be explained by court to undefended accused.
Section 109. Procedure where accused does not understand proceedings.
Section 110. Power to postpone or adjourn proceedings.
Section 111. Change of Kadi during hearing or inquiry.
Section 112. Detention of offenders attending in court.
Section 113. Weekly or public holiday.

Chapter XII - OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS

Section 114. Evidence to be taken in the presence of the accused.
Section 115. Recording of evidence.
Section 116. Record in all cases.
Section 117. Mode of recording evidence.
Section 118. Interpretation of evidence to accused.
Section 119. Remarks as to demeanour of witness.
Section 120. Other persons may be authorised to take down notes of evidence.

Chapter XIII - OF THE JUDGMENT

Section 121. Mode of delivering judgment.
Section 122. Judgment in the alternative.
Section 123. Judgment not to be altered.
Section 124. Judgment to be explained to accused and copy supplied.
Section 125. Judgment to be filed with record.

Chapter XIV - OF SENTENCES AND THE CARRYING OUT THEREOF

Section 126. Provisions as to execution of sentence of imprisonment.
Section 127. Provisions as to sentences of fine.
Section 128. Warrant by whom issuable.
Section 129. Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
Section 130. Youthful offenders.
Section 131. First Offenders.
Section 132. Condition of bonds.
Section 133. Return of warrant.

Chapter XV - OF SUSPENSION, REMISSIONS AND COMMUTATIONS OF SENTENCES

Section 134. Power to suspend or remit sentences.
Section 135. Power to commute punishment.

Chapter XVI - OF PREVIOUS ACQUITTALS OF CONVICTIONS

Section 136. Person once convicted or acquitted not to be tried again for same offence.
Section 137. Plea of previous acquittal conviction.

PART V - OF APPEAL AND REVISION

Chapter XVII - OF APPEALS TO THE MAHKAMAH RAYUAN

Section 138. When plea of guilty limited right of appeal.
Section 139. Appeal against acquittal.
Section 140. Procedure for appeal.
Section 141. Transmission of appeal record.
Section 142. Appeal specially allowed in certain cases.
Section 143. Stay of execution pending appeal.
Section 144. Setting down appeals on list.
Section 145. Procedure at hearing.
Section 146. Non appearance of respondent.
Section 147. Arrest of respondent in certain cases.
Section 148. Decision on appeal.
Section 149. Order to take further evidence.
Section 150. Judgment.
Section 151. Certificate and consequence of judgment.
Section 152. Death of parties to appeal.
Section 153. Costs.

Chapter XVIII - OF REVISION

Section 154. Power to call for records of inferior court.
Section 155. Power to order further inquiry.
Section 156. Power of Kadi Besar on revision.
Section 157. Permission for parties to appear.
Section 158. Orders on revision.

Chapter XIX - PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 159. Procedure as to offences committed in court.
Section 160. Record of fact constituting the offence.
Section 161. Alternative procedure.
Section 162. Power to remit punishment.
Section 163. Refusal to remit punishment.
Section 164. Appeal.
Section 165. Kadi not to try certain offences committed before himself.

PART VI - SUPPLEMENTARY PROVISIONS

Chapter XX - OF THE PENDAKWA

Section 166. Pengarah Pendakwa.
Section 167. No one to appear for Pengarah Pendakwa.
Section 168. Prosecution.
Section 169. Employment of advocate.

Chapter XXI - OF BAIL

Section 170. When person may be released on bail.
Section 171. Amount of bond.
Section 172. Bond to be executed.
Section 173. Person to be released.
Section 174. When warrant of arrest may be issued against person bailed.
Section 175. Sureties may apply to have bond discharge.
Section 176. Appeal.

Chapter XXII - SPECIAL PROVISIONS RELATING TO EVIDENCE

Section 177. Procedure when person able to give material evidence is dangerously ill.
Section 178. Where person bound to give evidence intend to leave Malaysia.
Section 179. Report of certain persons.
Section 180. How previous conviction or acquittal may be proved.
Section 181. Record of evidence in a absence of accused.

Chapter XXIII - PROVISION AS TO BONDS

Section 182. Deposit instead of bond.
Section 183. Procedure on forfeiture of bond.
Section 184. Appeal from orders.

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

Section 185. Court shall consider manner of disposal of exhibits.
Section 186. Order for disposal of property regarding which offence committed.

Chapter XXV - OF THE TRANSFER OF CRIMINAL CASES

Section 187. Power of Kadi Besar to transfer cases.
Section 188. Application for transfer to be supported by Affidavit.

Chapter XXVI - OF IRREGULARITIES IN PROCEEDINGS

Section 189. Proceeding in wrong place, etc.
Section 190. Procedure when confession irregularty taken.
Section 191. Omission to frame charge.
Section 192. Irregularities not to vitiate proceedings.

PART VII - GENERAL

Section 193. Protection of officers.
Section 194. Contempt of court.
Section 195. False information evidence or admission.
Section 196. Signing of Affidavit.
Section 197. Power of court to summon and examine person.
Section 198. Order for payment of cost of prosecution and compensation.
Section 199. Provisions for payment of cost or compensation.
Section 200. Copies of proceedings.
Section 201. Person released on bail to give address for service.
Section 202. Compensation for giving in charge groundlessly.
Section 203. Kadi not to act where interested.
Section 204. Forms.
Section 205. Application of fines.
Section 206. Witnesses.

SCHEDULE

LIST OF AMENDMENT

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