LAWS OF MALAYSIA - UZH

1Criminal Procedure Code

LAWS OF MALAYSIA

REPRINT

Act 593

CRIMINAL PROCEDURE CODE

Incorporating all amendments up to 1 January 2006

PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD2006

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First enacted … ... ... ... … … … 1935 (F.M.S. Cap. 6)

Revised … … … … … … … 1999 (Act 593 w.e.f.4 April 1999)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2002

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LAWS OF MALAYSIA

Act 593


ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

CHAPTER I

Section

1. Short title

2. Interpretation

3. Trial of offences under Penal Code and other laws

4. Saving of powers of High Court

5. Laws of England, when applicable

PART II

PROVISIONS AS TO CRIMINAL COURTS

CHAPTER II

CRIMINAL COURTS IN GENERAL

6. Courts

7. Courts to be open

8. (Deleted)

9. Criminal jurisdiction of Magistrates

10. Offences committed within seven miles of the boundary of a State

4 Laws of Malaysia ACT 593

PART III

GENERAL PROVISIONS

CHAPTER III

AID AND INFORMATION TO MAGISTRATES ANDPOLICE AND PERSONS MAKING ARRESTS

Section

11. Public, when to assist Magistrates, Justices of the Peace and police

12. Aid to persons other than police officer executing warrant

13. Public to give information of certain matters

14. Police officer bound to report certain matters

CHAPTER IV

ARREST, ESCAPE AND RE-TAKING

15. Arrest, how made

16. Search of place entered by person sought to be arrested

17. Search of persons in place searched under warrant

18. Power to break open any place for purposes of liberation

19. No unnecessary restraint and mode of searching women

20. Search of persons arrested

21. Power to seize offensive weapons

22. Search of person for name and address

23. When police or penghulu may arrest without warrant

24. Refusal to give name and residence

25. How person arrested by penghulu is to be dealt with

26. Pursuit of offenders

27. Arrest by private persons and procedure in such cases

28. How person arrested is to be dealt with and detention for more than twenty-four hours

29. Release of person arrested

30. Offence committed in Magistrate’s presence

31. Arrest by or in presence of Magistrate

32. Power on escape to pursue and re-take

33. Sections 16 and 18 to apply to arrests under section 32


CHAPTER V

PROCESSES TO COMPEL APPEARANCE

Summons

Section

34. Form of summons and service

35. Summons how served

36. Procedure when personal service cannot be effected

37. Proof of service

37A. (Deleted)

Warrant of Arrest

38. Form of warrant of arrest

39. Court may direct by indorsement on warrant security to be taken

40. Warrants, to whom directed

41. Notification of substance of warrant

42. Person arrested to be brought before Court without delay

43. Procedure on arrest of person against whom warrant is issued

Proclamation and Attachment

44. Proclamation for person absconding

45. Attachment of property of person proclaimed

46. Restoration of attached property

Other Rules Regarding Summonses to Appear andWarrants of Arrest

47. Issue of warrant in lieu of or in addition to summons

48. Summonses to appear and warrants of arrest may be executed in any part ofMalaysia

49. Power to take bond for appearance

50. Arrest on breach of bond for appearance


CHAPTER VI

PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTSAND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY

OF PERSONS WRONGFULLY CONFINED

Section

51. Summons to produce document or other things

52. Procedure as to postal article, etc.

53. Sections 34 to 37 to apply

Search Warrants

54. When search warrant may be issued

55. Power to restrict search warrant

56. Magistrate may issue warrant authorizing search for evidence of offence

57. Form of search warrant

58. Search for persons wrongfully confined

59. Persons in charge of closed places to allow search

60. Magistrate issuing search warrant may attend at its execution

61. Magistrate may direct search in his presence

62. Search without warrant

62A. Forfeiture of counterfeit coin

62B. Forfeiture of counterfeit currency

63. Summary search

64. List of all things seized to be made and signed

65. Occupant to be present at search

PART IV

PREVENTION OF OFFENCES

CHAPTER VII

SECURITY FOR KEEPING THE PEACEAND FOR GOOD BEHAVIOUR

66. Security for keeping the peace on conviction

66A. Security for keeping the peace by complainant

67. Security for keeping the peace in other cases


68. Security for good behaviour from suspected persons, vagrants and personsdisseminating seditious matter

69. Security for good behaviour from habitual offenders

70. Summons or warrant if required

71. Form of summons or warrant

72. Power to dispense with personal attendance

73. Inquiry to be held

74. Order to give security

75. Discharge of person informed against

Proceedings in All Cases Subsequent toOrder to Furnish Security

76. Commencement of period for which security is required

77. Contents of bond

78. Power to reject sureties

79. Imprisonment in default of security

80. Power to release person imprisoned for failing to give security

81. Magistrate to report in cases in which the security has been ordered by theHigh Court

82. Discharge of sureties

CHAPTER VIII

UNLAWFUL ASSEMBLIES

83. Who may order unlawful assembly to disperse

84. Forcible dispersal of unlawful assemblies

85–87. (Deleted)

88. Protection against prosecution

CHAPTER IX

PUBLIC NUISANCES

89. Magistrate may make conditional order for removal of nuisance

90. Order to be served or notified

91. Person against whom order is made to obey or appear and show cause

Section


92. Consequence of his failing to do so

93. Procedure on appearance to show cause

94. Procedure on order being made absolute

95. Consequence of disobedience to order

96. Injunction pending final decision

97. Power to prohibit repetition or continuance of public nuisance

CHAPTER X

TEMPORARY ORDERS IN URGENT CASES OF NUISANCE

98. Power to issue order absolute at once in urgent cases of nuisance

CHAPTER XI

DISPUTES AS TO IMMOVABLE PROPERTY

99. Procedure where dispute concerning land, etc., is likely to cause breach ofpeace

100. Power to attach subject of dispute

101. Disputes concerning rights over land or water

102. Order as to costs

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

103. Police to prevent seizable offences

104. Information of design to commit seizable offences

105. Arrest to prevent seizable offences

106. Prevention of injury to public property

PART V

INFORMATION TO POLICE AND THEIR POWERSTO INVESTIGATE

CHAPTER XIII

107. Information of offences

108. Procedure in non-seizable cases

Section


108A. Admission of certified copy of information as evidence

109. Investigation in seizable cases

110. Procedure where seizable offence suspected

111. Police officer’s power to require attendance of witnesses

112. Examination of witnesses by police

113. Admission of statements in evidence

114. No discouragement from making statement to police

115. Power to record statements and confessions

116. Search by police officer

117. Procedure where investigation cannot be completed within twenty-four hours

118. Police officer may require bond for appearance of complainant and witnesses

119. Diary of proceedings in investigation

120. Report of police officer

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XIV

JURISDICTION OF CRIMINAL COURTS IN INQUIRIESAND TRIALS

121. Ordinary place of inquiry and trial

122. Accused triable in place where act is done or where consequence ensues

123. Place of trial where act is an offence by reason of relation to other offence

124. Offences of escaping from custody, of criminal misappropriation or criminalbreach of trust and of stealing, where triable

125. Where scene of offence is uncertain, etc.

126. Offence committed on a journey

127. When doubt arises High Court to decide

127A. Liability for offences committed out of Malaysia

127B. Power to direct copies of depositions and exhibits to be received in evidence

Conditions Requisite for Initiation of Proceedings

128. Cognizance of offences by Magistrates

129. Sanction required for prosecution for certain offences

Section


130. Where complaint by Public Prosecutor is necessary

131. Where complaint by person aggrieved

132. Where complaint by husband

CHAPTER XV

COMPLAINTS TO MAGISTRATES

133. Examination of complainant

134. Postponement of issue of process

135. Dismissal of complaint

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFOREA MAGISTRATE’S COURT

136. Issue of process

137. Personal attendance of accused may be dispensed with

CHAPTER XVII

PRELIMINARY INQUIRIES INTO CASES TRIABLEBY THE HIGH COURT

138–151. (Deleted)

CHAPTER XVIIA

SPECIAL PROCEDURE RELATING TO COMMITAL IN CASESTRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS

LEGALLY REPRESENTED

151A–151B. (Deleted)

CHAPTER XVIII

THE CHARGE

152. Form of charge

153. Particulars as to time, place and person

154. When manner of committing offence must be stated

Section


155. Sense of words used in charge to describe offence

156. Effect of errors

157. (Deleted)

158. Court may alter or add to charge

159. When trial may proceed immediately after alteration or addition

160. When new trial may be directed or trial suspended

161. Stay of proceedings if prosecution of offence in altered charge requiresprevious sanction

162. Recall of witnesses when charge altered

163. Separate charges for distinct offences

164. Three offences of same kind within twelve months may be charged together

165. Trial for more than one offence

166. Where it is doubtful what offence has been committed

167. When a person charged with one offence can be convicted of another

168. Person charged with an offence can be convicted of the attempt

169. When offence proved is included in offence charged

170. When persons may be charged jointly

171. Withdrawal of remaining charges on conviction on one of several charges

171A. Outstanding offences

172. Charges to be in forms in Second Schedule

CHAPTER XIX

SUMMARY TRIALS BY MAGISTRATES

173. Procedure in summary trials

173A. Power to discharge conditionally or unconditionally

174. Addresses

175. Power to award compensation

176. Particulars to be recorded

177. Transfer of cases

177A. Transmission of case to, and trial by, the High Court

Section


CHAPTER XX

TRIALS BEFORE THE HIGH COURT

Section

178. Commencement of trial

179. Opening case for prosecution

180. Procedure after conclusion of case for prosecution

181. Defence

182. Reply

182A. Procedure at the conclusion of the trial

183. Sentence

CHAPTER XXI

TRIALS BEFORE THE HIGH COURT WITH THEAID OF ASSESSORS

183A–199. (Deleted)

CHAPTER XXII

TRIALS BY JURY BEFORE THE HIGH COURT


CHAPTER XXIII

JURORS AND ASSESSORS


CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

252–252A. (Deleted)

253. Procedure where there are previous convictions

254. Public Prosecutor may decline to prosecute further at any stage

255. Right of accused to be defended

256. Court may put questions to accused


257. Case for prosecution to be explained by Court to undefended accused

258. Procedure where accused does not understand proceedings

259. Power to postpone or adjourn proceedings

260. Compounding offences

261. Change of Magistrate during hearing

262. Detention of offenders attending in Court

263. Weekly or public holiday

CHAPTER XXV

MODE OF TAKING AND RECORDING EVIDENCE ININQUIRIES AND TRIALS

264. Evidence to be taken in presence of accused

265. Manner of recording evidence

266. Recording evidence in summons cases

267. Recording evidence in other cases

268. Record to be in narrative form

269. Reading over evidence and correction

270. Interpretation of evidence to accused

271. Remarks as to demeanour of witness

272. Judge to take notes of evidence

272A. Other persons may be authorized to take down notes of evidence

CHAPTER XXVI

JUDGMENT

273. Mode of delivering judgment

274. (Deleted)

275. Sentence of death not to be passed on pregnant woman

276. Judgment in the alternative

277. Judgment of death

278. Judgment not to be altered

279. Judgment to be explained to accused and copy supplied

280. Judgment to be filed with record

Section


CHAPTER XXVII

SENTENCES AND THE CARRYING OUT OF IT

Section

281. Provisions as to execution of sentences of death

282. Provisions as to execution of sentences of imprisonment

283. Provisions as to sentences of fine

284. Suspension of execution in certain cases

285. Warrant by whom issuable

286. Place for executing sentence of whipping

287. Time of executing such sentence

288. Mode of executing such sentence

289. Sentence of whipping forbidden in certain cases

290. Medical Officer’s certificate required

291. Procedure if whipping cannot be inflicted

292. Commencement of sentence of imprisonment on prisoner already undergoingimprisonment

293. Youthful offenders

294. First offenders

294A. Conditions of bonds

295. Sentence of police supervision

296. Obligations of persons subject to supervision

297. Penalty for non-compliance with section 296

298. Application of law to orders for police supervision made outside the MalayStates

299. Return of warrant

CHAPTER XXVIII

SUSPENSIONS, REMISSIONS AND COMMUTATIONS OFSENTENCES

300. Power to suspend or remit sentence

301. Power to commute punishment


CHAPTER XXIX

PREVIOUS ACQUITTALS OR CONVICTIONS

Section

302. Person once convicted or acquitted not to be tried again for same offence

303. Plea of previous acquittal or conviction

PART VII

APPEAL AND REVISION

CHAPTER XXX

APPEALS TO THE HIGH COURT

303A. Appeals from Sessions Courts

304. Cases in which no appeal lies

305. When plea of guilty limited right of appeal

306. Appeal against acquittal

307. Procedure for appeal

308. Transmission of appeal record

309. (Deleted)

310. Appeal specially allowed in certain cases

311. Stay of execution pending appeal

312. Setting down appeal on list

313. Procedure at hearing

314. Non-appearance of respondent

315. Arrest of respondent in certain cases

316. Decision on appeal

317. Order to take further evidence

318. Judgment

319. Certificate and consequence of judgment

320. Death of parties to appeal

321. (Deleted)

322. Costs


CHAPTER XXXI

REVISION

Section

323. Power to call for records of subordinate Courts

324. Power to order further inquiry

325. Powers of Judge on revision

326. Permission for parties to appear

327. Orders on revision

PART VIII

SPECIAL PROCEEDINGS

CHAPTER XXXII

INQUIRIES OF DEATH

328. Meaning of “cause of death”

329. Duty of police officer to investigate death

330. Duty of officer to arrange for post-mortem examination in certain cases

331. Post-mortem examination of body

332. Report of Government Medical Officer

333. Duty of Magistrate on receipt of report

334. Inquiry into cause of death of a person in custody of police or in any asylum

335. Powers of Magistrate

336. Magistrate may view body

337. Inquiries to be made by Magistrate

338. Evidence and finding to be recorded

339. Power of Public Prosecutor to require inquiry to be held

340. Admissibility of medical report in certain cases

341. Custody of proceedings

341A. Power to revise

CHAPTER XXXIII

PERSONS OF UNSOUND MIND

342. Procedure where accused is suspected to be of unsound mind

343. Certificate of Medical Superintendent


344. Release of person of unsound mind pending investigation or trial

345. Resumption of trial

346. (Deleted)

347. Judgment of acquittal on ground of mental disorder

348. Safe custody of person acquitted

349. Procedure where prisoner of unsound mind is reported able to make hisdefence

350. Procedure where person of unsound mind is reported fit for discharge

351. Delivery of person of unsound mind to care of relative

352. Interpretation of "mental hospital" and "visitors"

352A. Modification in the application in this Chapter to Sabah and Sarawak

CHAPTER XXXIV

PROCEEDINGS IN CASE OF CERTAIN OFFENCESAFFECTING THE ADMINISTRATION OF JUSTICE

353. Procedure as to offences committed in Court

354. Record of facts constituting the offence

355. Alternative procedure

356. Power to remit punishment

357. Refusal to give evidence

358. Appeal

359. Magistrate not to try certain offences committed before himself

CHAPTER XXXV

MAINTENANCE OF WIVES AND CHILDREN

360–364. (Deleted)

CHAPTER XXXVI

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

365. Power of High Court to make certain orders

366. Form of application

367. Affidavit, by whom signed

Section


368. Copy of warrant

369. Defendant in custody under writ of attachment to be brought before Court

370. Warrant to be prepared

371. Service of warrant

372. Attendance of prisoner in criminal case

373. Duty of officer to whom warrant is addressed

374. Appeal

375. No application to banishment warrant

PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XXXVII

THE PUBLIC PROSECUTOR

376. Public Prosecutor

377. Conduct of prosecutions in Court

378. No one to appear for Public Prosecutor

379. Employment of advocate

380. Prosecution by private persons

380A. Sections 377 and 380 to prevail over other laws

381–386. (Deleted)

CHAPTER XXXVIII

BAIL

387. When person may be released on bail

388. When person accused of non-bailable offence may be released on bail

389. Amount of bond

390. Bond to be executed

391. Person to be released

392. When warrant of arrest may be issued against person bailed

393. Sureties may apply to have bond discharged

394. Appeal

Section


CHAPTER XXXIX

SPECIAL PROVISIONS RELATING TO EVIDENCE

Section

395. Procedure where person able to give material evidence is dangerously ill

396. Where person bound to give evidence intends to leave Malaysia

397. Deposition of medical witness

398. (Deleted)

399. Reports of certain persons

399A. Report of Central Bank on currency note or coin

400. How previous conviction or acquittal may be proved

401. Record of evidence in absence of accused

402. (Deleted)

402A. Notice to be given of defence of alibi

CHAPTER XL

PROVISIONS AS TO BONDS

403. Deposit instead of bond

404. Procedure on forfeiture of bond

405. Appeal from orders

406. Power to direct levy of amount due on bond

CHAPTER XLI

DISPOSAL OF EXHIBITS AND OF PROPERTYTHE SUBJECT OF OFFENCES

406A. Court shall consider manner of disposal of exhibits

407. Order for disposal of property regarding which offence committed

408. Direction instead of order

409. Payment to innocent person of money found on accused

410. Stay of order

411. Destruction of libellous and other matter

412. Restoration of possession of immovable property

413. Procedure by police on seizure of property


414. Procedure where no claim established

415. Procedure where property is perishable or of small value

416. Procedure where owner is absent

CHAPTER XLII

TRANSFER OF CRIMINAL CASES

417. High Court’s power to transfer cases

418. Application for transfer to be supported by affidavit

418A. Trials by High Court on a certificate by the Public Prosecutor

418B. Cases to which section 418A is applicable

CHAPTER XLIII

IRREGULARITIES IN PROCEEDINGS

419. Proceeding in wrong place, etc.

420. Procedure when confession irregularly taken

421. Omission to frame charge

422. Irregularities not to vitiate proceedings

423. Irregularity in distress

CHAPTER XLIV

MISCELLANEOUS

424. Affidavits before whom sworn

425. Power of Court to summon and examine persons

426. Order for payment of costs of prosecution and compensation

427. Payment of expenses of prosecutors and witnesses

428. Rules as to rates of payment

429. (Deleted)

430. Reward for unusual exertion

431. Compensation for family of person killed in arresting

432. Provisions as to money payable as costs or compensation

433. Copies of proceedings

434. (Deleted)

Section


435. Power of police to seize property suspected of being stolen

436. Person released on bail to give address for service

437. Power to compel restoration of abducted persons

438. Compensation for giving in charge groundlessly

439. Magistrate not to act where interested

440. Public servants not to bid at sales under this Code

441. When receivers, etc., charged, evidence of other cases allowed

442. When evidence of previous conviction may be given

443. Forms

444. Application of fines

FIRST SCHEDULE

TABULAR STATEMENT OF OFFENCES UNDERTHE PENAL CODE

SECOND SCHEDULE

FORMS

Form

1. Summons to an Accused Person

2. Warrant of Arrest

3. Bond and Bail Bond after Arrest under a Warrant

4. Proclamation Requiring the Appearance of a Person Accused

5. Proclamation Requiring the Attendance of a Witness

6. Order of Attachment to Compel the Attendance of a Witness

7. Warrant in the First Instance to Bring up a Witness

8. Warrant to Search after Information of a Particular Offence

9. Warrant to Search Suspected Place of Deposit

10. Bond to Keep the Peace

11. Bond for Good Behaviour

12. Order to Show Cause

13. Summons on Information of a Probable Breach of the Peace

14. Warrant of Commitment on Failure to Find Security to Keep the Peace

15. Warrant of Commitment on Failure to Find Security for Good Behaviour

Section


16. Warrant to Discharge a Person Imprisoned on Failure to give Security

17. Order for the Removal of Nuisances

18. Notice and Peremptory Order by Magistrate after Order Absolute

19. Injunction to Provide Against Imminent Danger Pending Decision

20. Order of Magistrate Prohibiting the Repetition, etc., of a Nuisance

21. Order of Magistrate to prevent Obstruction, Riot, etc.

22. Order of Magistrate Declaring Party Entitled to Retain Possession ofLand, etc., in Dispute

23. Warrant of Attachment in the Case of a Dispute as to the Possessionof Land, etc.

24. Order of Magistrate Prohibiting the Doing of Anything on Land orWater

25. Bond to Prosecute or give Evidence

26. Report of Police Investigation

27. Charges

(I) Charges with one head

(II) Charges with two or more heads

(III) Charge for Theft after a Previous Conviction

28. Formal Part of Charges Tried Before the High Court

29. Warrant of Commitment on a Sentence of Imprisonment or Fine

30. Warrant of Imprisonment on Failure to Recover Amends by Distress

31. Summons to a Witness

32. (Deleted)

33. Warrant of Commitment under Sentence of Death

34. Warrant of Execution on a Sentence of Death

35. Warrant to Levy a Fine by Distress and Sale

36. Bond to Appear and Receive Judgment

37. Warrant of Commitment in Certain Cases of Contempt when a Fine isImposed

38. Warrant of Commitment of Witness Refusing to Answer

39. (Deleted)

40. Warrant to Discharge a Person Imprisoned on Failure to give Security

41. Warrant of Attachment to Enforce a Bond

42. Notice to Surety on Breach of a Bond

43. Notice to Surety of Forfeiture of Bond for Good Behaviour

Form


44. Warrant of Attachment against a Surety

45. Warrant of Commitment of the Surety of an Accused Person Admittedto Bail

46. Notice to the Principal of Forfeiture of a Bond to Keep the Peace

47. Warrant to Attach the Property of the Principal on Breach of a Bondto Keep the Peace

48. Warrant of Imprisonment on Breach of a Bond to Keep the Peace

49. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour

50. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour

51. Form of Petition of Appeal

52. Form of Warrant

53. Form of Warrant

54. Warrant to Bring up Prisoner to Give Evidence

THIRD SCHEDULE

MODIFICATION OF CHAPTER XXXIII FOR SABAHAND SARAWAK

Form


LAWS OF MALAYSIA

Act 593


An Act relating to criminal procedure.

[Throughout Malaysia—10 January 1976, Act A324]

PART I

PRELIMINARY

CHAPTER I

Short title

1. This Act may be cited as the Criminal Procedure Code, andis referred to in this Act as “this Code”.

Interpretation

2. (1) In this Code—

“advocate” has the meaning assigned by section 3 of theInterpretation Acts 1948 and 1967 [Act 388];

“bailable offence” means an offence shown as bailable in theFirst Schedule or which is made bailable by any other law for thetime being in force and “non-bailable offence” means any otheroffence;

“complaint” means that allegation made orally or in writing toa Magistrate with a view to his taking action under this Code thatsome person whether known or unknown has committed or isguilty of an offence;


“Court” means the High Court, a Sessions Court, or a Magistrate’sCourt of any class, as the context may require;

“diplomatic officer” means an Ambassador, High Commissioner,Minister, Charge d’Affaires, Deputy High Commissioner, Secretaryand Attache of a Diplomatic Mission of Malaysia, including aHigh Commission within the meaning of the Diplomatic and ConsularOfficers (Oaths and Fees) Act 1959 [Act 348];

“fine” includes any fine, pecuniary penalty or forfeiture orcompensation adjudged upon any conviction of any crime or offenceor for the breach of any law for the time being in force by anyCourt in Malaysia;

“Government Hospital” includes the University Hospital,University of Malaya;

“Government Medical Officer” or “Medical Officer” includes amedical practitioner who has been given by the Director Generalof Health Malaysia, an authorization in writing under section 34C

of the Medical Act 1971 [Act 50] to perform functions specifiedin that section;

“inquiry” includes every inquiry conducted under this Codebefore a Magistrate;

“Inspector of Police” means Inspector of Police of any class butdoes not include a Sub-Inspector;

“judicial proceeding” means any proceeding in the course ofwhich evidence is or may be legally taken;

“local limits of the jurisdiction” of a Magistrate’s Court meansthe limits of the ordinary administrative district in which the Courthouse is situated;

“Malay States” means the States of Johore, Kedah, Kelantan,Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu;and “Malay State” means any one of these States;

“Medical Superintendent” of a mental hospital includes a AssistantMedical Superintendent;


“non-seizable offence” means an offence for which and“non-seizable case” means a case in which a police officer maynot ordinarily arrest without warrant according to the third columnof the First Schedule;

“offence” means any act or omission made punishable by anylaw for the time being in force;

“Officer in charge of a Police District” means any police officerappointed as such and, when any officer so appointed is unablethrough absence, illness or otherwise to perform his duties, meansthe police officer designated, under the authority of the InspectorGeneral to act for him;

“place” includes a house, building, tent and vessel;

“Police District” means any area designated as such under thePolice Act 1967 [Act 344], and, unless and until an area is sodesignated, means any area constituted or recognized as a PoliceDistrict at the commencement of this Code;

“postal article” shall have the meaning given to the expressionby the Postal Services Act 1991 [Act 465];

“Registrar” means the Chief Registrar, Deputy Registrar or anyAssistant Registrar of the Federal Court, of the Court of Appealor of the High Court;

“seizable offence” means an offence for which and “seizablecase” means a case in which a police officer may ordinarily arrestwithout warrant according to the third column of the First Schedule;

“summons case” means a case relating to an offence and notbeing a warrant case;

“warrant case” means a case relating to an offence punishablewith death or with imprisonment for a term exceeding six months;

“youthful offender” includes any child convicted of an offencepunishable by fine or imprisonment who in the absence of legalproof to the contrary is above the age of ten and under the age ofsixteen years in the opinion of the Court before which such childis convicted.


(2) Words which refer to acts done extend also to illegal omissions.

(3) All words and expressions used herein and defined in thePenal Code [Act 574] or the Police Act 1967, and not herein beforedefined shall be deemed to have the meanings attributed to themby that Code or that Act, as the case may be.

(4) The shoulder notes of this Code shall not affect the constructionthereof.

Trial of offences under Penal Code and other laws

3. All offences under the Penal Code shall be inquired into andtried according to the provisions hereinafter contained, and alloffences under any other law shall be inquired into and triedaccording to the same provisions: subject however to any writtenlaw for the time being in force regulating the manner or place ofinquiring into or trying such offences.

Saving of powers of High Court

4. Nothing in this Code shall be construed as derogating fromthe powers or jurisdiction of the High Court.

Laws of England, when applicable

5. As regards matters of criminal procedure for which no specialprovision has been made by this Code or by any other law for thetime being in force the law relating to criminal procedure for thetime being in force in England shall be applied so far as the sameshall not conflict or be inconsistent with this Code and can bemade auxiliary thereto.

PART II

PROVISIONS AS TO CRIMINAL COURTS

CHAPTER II

CRIMINAL COURTS IN GENERAL

Courts

6. The Courts for the administration of criminal justice in Malaysiashall be those constituted pursuant to the Constitution, or theCourts of Judicature Act 1964 [Act 91], or by the SubordinateCourts Act 1948 [Act 92], or by any other law for the time beingin force.


Courts to be open

7. The place in which any criminal Court is held for the purposeof inquiring into or trying any offence shall be deemed an openand public Court to which the public generally may have access.

8. (Deleted by Act A908).

Criminal jurisdiction of Magistrates

9. Subject to the provisions of this Code every Magistrate shallhave cognizance of and power and authority to—

(a) hear, try, determine and dispose of in a summary wayprosecutions for offences committed wholly or in partwithin the local jurisdiction of such Magistrate andcognisable by such Magistrate;

(b)—(c) (Deleted by Act A908);

(d) inquire into complaints of offences and summon andexamine witnesses touching such offences and summonand apprehend and issue warrants for the apprehensionof criminals and offenders, and deal with them accordingto law;

(e) issue warrants to search or to cause to be searched placeswherein any stolen goods or any goods, articles or thingswith which or in respect of which any offence has beencommitted are alleged to be kept or concealed, and requirepersons to furnish security for the peace or for their goodbehaviour according to law;

(f) hold inquiries of death; and

(g) do all other matters and things which a Magistrate isempowered to do by any written law.

Offences committed within seven miles of the boundary of aState

10. (1) No person charged with an offence alleged to have beencommitted within any State and within seven miles of the boundaryof any other State shall be entitled as of right to be tried withinthe first mentioned State, but the offence may be taken cognisanceof by the nearest Magistrate’s Court having jurisdiction, whether


that Court be within the first or the second mentioned State; andany lawful process issued, sentence passed or order made on itshall be carried out or enforced in all respects as if the said offencewere alleged to have been committed within the ordinary localjurisdiction of that Court:

Provided that nothing contained here shall be deemed to authorizeany Magistrate’s Court to take cognizance of an offence allegedto have been committed beyond its ordinary local jurisdictionunless that Court be the nearest Court to the place where theoffence is alleged to have been committed.

(2) If the law applicable differs in the two States the law to beapplied shall be that of the State in which the offence is allegedto have been committed.

(3) No proceedings had under this section or consequentupon it shall be invalidated by reason of a wrong computation ofdistance.

PART III

GENERAL PROVISIONS

CHAPTER III

AID AND INFORMATION TO MAGISTRATES ANDPOLICE AND PERSONS MAKING ARRESTS

Public, when to assist Magistrates, Justices of the Peace andpolice

11. Every person is bound to assist a Magistrate, Justice of thePeace, police officer or penghulu reasonably demanding his aid—

(a) in the taking or preventing the escape of any other personwhom the Magistrate, Justice of the Peace, police officeror penghulu is authorized to arrest;

(b) in the prevention of a breach of the peace or of any injuryattempted to be committed to any railway, tramway, canal,dock, wharf, telegraph and public property; or

(c) in the suppression of a riot or affray.


Aid to persons other than police officer executing warrant

12. When a warrant is directed to a person other than a policeofficer any other person may aid in the execution of the warrantif the person to whom the warrant is directed is near at hand andacting in the execution of his warrant.

Public to give information of certain matters

13. (1) Every person aware—

(a) of the commission of or the intention of any other personto commit any offence punishable under the followingsections of the Penal Code: 121, 121A, 121B, 121C, 122,123, 124, 125, 126, 130, 143, 144, 145, 147, 148, 302,304, 307, 308, 363, 364, 365, 366, 367, 368, 369, 382,384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396,397, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459,and 460; or

(b) of any sudden or unnatural death or death by violence orof any death under suspicious circumstances, or of thebody of any person being found dead without its beingknown how that person came by death,

shall in the absence of reasonable excuse, the burden of provingwhich shall lie upon the person so aware, immediately giveinformation to the officer in charge of the nearest police stationor to a police officer or the nearest penghulu of the commissionor intention or of the sudden, unnatural or violent death or of thefinding of the dead body, as the case may be.

(2) If any person discovers any dead body and he has reasonto believe that the deceased met with his death through an unlawfulact or omission he shall not remove or in any way alter the positionof the body except so far as is necessary for its safety.

Police officer bound to report certain matters

14. Every police officer and every penghulu shall forthwithcommunicate to the nearest Magistrate or police officer not belowthe rank of Inspector any information which he may have or obtainrespecting—

(a) the occurrence of any sudden or unnatural death or of anydeath under suspicious circumstances; or


(b) the finding of the dead body of any person without itsbeing known how the person came by his death.

CHAPTER IV

ARREST, ESCAPE AND RE-TAKING

Arrest, how made

15. (1) In making an arrest the police officer or other personmaking the same shall actually touch or confine the body of theperson to be arrested unless there is a submission to the custodyby word or action.

(2) If such person forcibly resists the endeavour to arrest himor attempts to evade the arrest such officer or other person mayuse all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death ofa person who is not accused of an offence punishable with deathor with imprisonment for life.

Search of place entered by person sought to be arrested

16. (1) If any person under a warrant of arrest or any policeofficer or penghulu having authority to arrest has reason to believethat any person to be arrested has entered into or is within anyplace the person residing in or in charge of the place shall, ondemand of the person so acting or the police officer or penghulu,allow him free ingress to the place and afford all reasonable facilitiesfor a search in it.

(2) If ingress to that place cannot be obtained under subsection(1) it shall be lawful in any case for a person acting under awarrant and in any case in which a warrant may issue but cannotbe obtained without affording the person to be arrested an opportunityto escape for a police officer or penghulu to enter the place andsearch in it, and in order to effect an entrance into the place tobreak open any outer or inner door or window of any place whetherthat of the person to be arrested or of any other person if, afternotification of his authority and purpose and demand of admittanceduly made, he cannot otherwise obtain admittance.


Search of persons in place searched under warrant

17. Whenever a search for anything is or is about to be lawfullymade in any place in respect of any offence all persons foundtherein may be lawfully detained until the search is completed, andthey may, if the thing sought is in its nature capable of beingconcealed upon the person, be searched for it by or in the presenceof a Magistrate or Justice of the Peace or a police officer not belowthe rank of Inspector.

Power to break open any place for purposes of liberation

18. Any police officer or other person authorized to make anarrest may break open any place in order to liberate himself or anyother person who having lawfully entered for the purpose of makingan arrest is detained therein.

No unnecessary restraint and mode of searching women

19. (1) The person arrested shall not be subjected to more restraintthan is necessary to prevent his escape.

(2) Whenever it is necessary to cause a woman to be searchedthe search shall be made by another woman with strict regard todecency.

Search of persons arrested

20. Whenever a person is arrested—

(a) by a police officer under a warrant which does notprovide for the taking of bail or under a warrant whichprovides for the taking of bail but the person arrestedcannot furnish bail; or

(b) without warrant or by a private person under a warrantand the person arrested cannot legally be admitted tobail or is unable to furnish bail,

the police officer making the arrest or, when the arrest is made bya private person, the police officer to whom such private personhands over the person arrested may search such person and placein safe custody all articles other than necessary wearing apparelfound upon him, and any of those articles which there is reasonto believe were the instruments or the fruits or other evidence ofthe crime may be detained until his discharge or acquittal.


Power to seize offensive weapons

21. The officer or other person making any arrest under thisCode may take from the person arrested any offensive weaponswhich he has about his person and shall deliver all weapons sotaken to the Court or officer before which or whom the officer orperson making the arrest is required by law to produce the personarrested.

Search of person for name and address

22. Every person lawfully in custody, who by reason of incapacityfrom intoxication, illness, mental disorder or infancy is unable togive a reasonable account of himself, may be searched for thepurpose of ascertaining his name and place of abode.

When police or penghulu may arrest without warrant

23. (1) Any police officer or penghulu may without an order froma Magistrate and without a warrant arrest—

(a) any person who has been concerned in any offencecommitted anywhere in Malaysia which is a seizableoffence under any law in force in that part of Malaysiain which it was committed or against whom a reasonablecomplaint has been made or credible information hasbeen received or a reasonable suspicion exists of hishaving been so concerned;

(b) any person having in his possession without lawful excuse,the burden of proving which excuse shall lie on suchperson, any implement of housebreaking;

(c) any person who has been proclaimed under section 44;

(d) any person in whose possession anything is found whichmay reasonably be suspected to be stolen or fraudulentlyobtained property and who may reasonably be suspectedof having committed an offence with reference to thatthing;

(e) any person who obstructs a police officer while in theexecution of his duty or who has escaped or attemptsto escape from lawful custody;

(f) any person reasonably suspected of being a deserterfrom the Armed Forces of Malaysia;


(g) any person found taking precautions to conceal hispresence under circumstances which afford reason tobelieve that he is taking such precautions with a viewto committing a seizable offence;

(h) any person who has no ostensible means of subsistenceor who cannot give a satisfactory account of himself;

(i) any person who is by repute a habitual robber,housebreaker or thief or a habitual receiver of stolenproperty knowing it to be stolen or who by reputehabitually commits extortion or in order to commitextortion habitually puts or attempts to put persons infear of injury;

(j) any person in the act of committing in his presence abreach of the peace; or

(k) any person subject to the supervision of the police whofails to comply with the requirements of section 296.

(2) Nothing in this section shall be held to limit or to modifythe operation of any other law empowering a police officer orpenghulu to arrest without a warrant.

(3) If any person is arrested without warrant in any componentterritory of Malaysia (which expression shall in this subsectionhave the same meaning as in the Warrants and Summonses (SpecialProvisions) Act 1965 [Act 6 of 1965]) for an offence alleged tohave been committed in any other component territory of Malaysia,the provisions of the Warrants and Summonses (Special Provisions)Act 1965, shall, so far as they may be appropriate and with anynecessary modifications, apply for the purposes of the custody,transfer, release on bail and appearance before the appropriateCourt in the other component territory of Malaysia of that personas if he had been arrested under a warrant issued by a Magistratein the last mentioned component territory.

Refusal to give name and residence

24. (1) When any person in the presence of a police officer orpenghulu commits or is accused of committing a non-seizableoffence and refuses on the demand of a police officer or penghuluto give his name and residence or gives a name or residence whichthe officer has reason to believe to be false, he may be arrested


by that police officer or penghulu in order that his name or residencemay be ascertained, and he shall, within twenty-four hours of thearrest, exclusive of the time necessary for the journey, be takenbefore the nearest Magistrate unless before that time his true nameand residence are ascertained, in which case he shall be immediatelyreleased on his executing a bond for his appearance before aMagistrate if so required.

(2) When any person is thus taken before a Magistrate, theMagistrate may either require him to execute a bond, with orwithout a surety, for his appearance before a Magistrate if sorequired, or may order him to be detained in custody until he canbe tried.

(3) When any person in the presence of a police officer orpenghulu commits or is accused of committing a non-seizableoffence and on the demand of a police officer or penghulu to givehis name and residence gives as his residence a place not withinMalaysia, he may be arrested by the police officer or penghulu andshall be taken immediately either before the nearest Magistratewho may require him to execute a bond with or without a suretyfor his appearance before a Magistrate if so required or may orderhim to be detained in custody until he can be tried, or before apolice officer not below the rank of Inspector who may requirehim to furnish a bond with or without a surety for his appearancebefore a Court if required.

How person arrested by penghulu is to be dealt with

25. A penghulu making an arrest without a warrant shall withoutunnecessary delay hand over the person so arrested to the nearestpolice officer or in the absence of a police officer take such personto the nearest police station, and a police officer shall rearrestevery person so arrested.

Pursuit of offenders

26. For the purpose of arresting any person whom he has powerto arrest without a warrant a police officer may pursue any suchperson into any part of Malaysia.


Arrest by private persons and procedure in such cases

27. (1) Any private person may arrest any person who, in hisview, commits a non-bailable and seizable offence or who hasbeen proclaimed under section 44 and shall without unnecessarydelay hand over the person so arrested to the nearest police officeror, in the absence of a police officer, take that person to the nearestpolice station.

(2) If there is reason to believe that such person comes underthe provisions of section 23 a police officer shall rearrest him.

(3) If there is reason to believe that he has committed anon-seizable offence and he refuses on the demand of a policeofficer to give his name and residence or gives a name or residencewhich the officer has reason to believe to be false or gives aresidence which is not within Malaysia he shall be dealt withunder section 24.

(4) If there is no reason to believe that he has committed anoffence he shall be at once released.

(5) Any person who commits an offence on or with respect tothe property of another may if his name and address are unknownbe apprehended by the person injured or by any person who isusing the property to which the injury is done, or by the servantof either of those persons or by any person authorized by or actingin aid of either of those persons, and may be detained until hegives his name and address and satisfies such person that the nameand address so given are correct or until he can be delivered intothe custody of a police officer.

(6) If any person lawfully apprehended under subsection (5)assaults or forcibly resists the person by whom he is so apprehendedor any person acting in his aid he shall be liable to a fine of onehundred ringgit.

How person arrested is to be dealt with and detention for morethan twenty-four hours

28. (1) A police officer making an arrest without a warrant shallwithout unnecessary delay and subject to the provisions herein asto bail or previous release take or send the person arrested beforea Magistrate’s Court.


(2) No police officer shall detain in custody a person arrestedwithout a warrant for a longer period than under all the circumstancesof the case is reasonable.

(3) Such period shall not in the absence or after the expiry ofa special order of a Magistrate under section 117 exceedtwenty-four hours exclusive of the time necessary for the journeyfrom the place of arrest to the Magistrate’s Court.

Release of person arrested

29. No person who has been arrested by a police officer shall bereleased except on his own bond or on bail or under the order inwriting of a Magistrate or of a police officer not below the rankof Inspector.

Offence committed in Magistrate’s presence

30. When any offence is committed in the presence of a Magistrateor Justice of the Peace within the local limits of his jurisdictionhe may himself arrest or authorize any person to arrest the offender,and may thereupon, subject to the provisions herein as to bail,commit the offender to custody.

Arrest by or in presence of Magistrate

31. Any Magistrate may at any time arrest or authorize the arrestin his presence within the local limits of his jurisdiction of anyperson for whose arrest he is competent at the time and in thecircumstances to issue a warrant.

Power on escape to pursue and re-take

32. If a person in lawful custody escapes or is rescued the personfrom whose custody he escaped or was rescued may immediatelypursue and arrest him in any place, either within or without thejurisdiction where he was so in custody, and deal with that personas he might have done on the original taking.


Sections 16 and 18 to apply to arrests under section 32

33. Sections 16 and 18 shall apply to arrests under section 32although the person making the arrest is not acting under a warrantand is not a police officer having authority to arrest.

CHAPTER V

PROCESSES TO COMPEL APPEARANCE

Summons

Form of summons and service

34. (1) Every summons to appear issued by a Court under thisCode shall be in writing and signed as provided by the Courts ofJudicature Act 1964, or the Subordinate Courts Act 1948, andshall bear the seal of the Court.

(2) Such summons shall ordinarily be served by a police officerbut the Court issuing the summons may if it sees fit direct it tobe served by any other person.

Summons how served

35. (1) The summons shall if practicable be served personally onthe person summoned by showing him the original summons andby tendering or delivering to him a copy thereof under the seal ofthe Court.

(2) Every person on whom a summons is so served shall if sorequired by the serving officer sign a receipt for the copy thereofon the back of the original summons.

(3) In the case of a corporation the summons may be served onthe secretary or other like officer of the corporation.

(4) Where the person to be summoned cannot by the exerciseof due diligence be found the summons may be served by leavinga copy thereof for him with some adult member of his family orwith his servant residing with him.


Procedure when personal service cannot be effected

36. When the person to be summoned cannot by the exercise ofdue diligence be found and service cannot be effected as directedby subsection 35(4) the serving officer shall affix a copy of thesummons to some conspicuous part of the house or other place inwhich the person summoned ordinarily resides, and in such casethe summons, if the Court so directs either before or after suchaffixing, shall be deemed to have been duly served.

Proof of service

37. When a summons issued by a Court is served an affidavit ofsuch service purporting to be made before an officer duly authorizedto administer an oath shall be admissible in evidence.

37A. (Deleted by Act 6 of 1965).

Warrant Of Arrest

Form of warrant of arrest

38. (1) Every warrant of arrest issued by a Court under this Codeshall be in writing and signed as provided by the Courts of JudicatureAct 1964, or the Subordinate Courts Act 1948, and shall bear theseal of the Court.

(2) Every such warrant shall remain in force until it is cancelledby the Court which issued it or until it is executed.

Court may direct by indorsement on warrant security to betaken

39. (1) Any Court issuing a warrant for the arrest of any personmay, in its discretion, direct by indorsement or footnote on thewarrant that if that person execute a bond with sufficient suretiesfor his attendance before the Court at a specified time and thereafteruntil otherwise directed by the Court, the officer to whom thewarrant is directed shall take such security and shall release thatperson from custody.


(2) The indorsement or footnote shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrestthe warrant is issued are to be respectively bound; and

(c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section the officer towhom the warrant is directed shall forward the bond to the Court.

Warrants, to whom directed

40. (1) A warrant of arrest shall ordinarily be directed to theInspector General of Police and all other police officers of Malaysia,and any police officer may execute the warrant in any part ofMalaysia.

(2) The Court issuing a warrant may direct it to any person orpersons by name not being police officers and all or any one ormore of such persons may execute the same.

Notification of substance of warrant

41. The police officer or other person executing a warrant ofarrest shall notify the substance thereof to the person arrested andif so required shall show him the warrant or a copy thereof underthe seal of the Court issuing the warrant.

Person arrested to be brought before Court without delay

42. The police officer or other person executing a warrant ofarrest shall, subject to the provisions of section 39 as to security,without unnecessary delay bring the person arrested before theCourt before which he is required by law to produce that person.

Procedure on arrest of person against whom warrant is issued

43. (1) When a warrant of arrest is executed outside the locallimits of the jurisdiction of the Court by which it was issued theperson arrested shall, unless security is taken under section 39, bebrought before the nearest Magistrate.


(2) The Magistrate shall, if the person arrested appears to be theperson intended by the Court which issued the warrant, direct hisremoval in custody to the Court named in the warrant:

Provided that, if the offence is bailable and the person arrestedis ready and willing to give bail to the satisfaction of the Courtbefore which he is brought or a direction has been indorsed undersection 39 on the warrant and that person is ready and willing togive the security required by the direction, such last mentionedCourt shall take the bail or security, as the case may be, andforward the bond to the Court named in the warrant.

(3) Nothing in this section shall be deemed to prevent a policeofficer from taking security under section 39.

Proclamation and Attachment

Proclamation for person absconding

44. (1) If any Court has reason to believe, whether after takingevidence or not, that any person against whom a warrant has beenissued by it has absconded or is concealing himself so that thewarrant cannot be executed the Court may publish a writtenproclamation requiring him to appear at a specified place and ata specified time not less than thirty days from the date of publishingthe proclamation.

(2) The proclamation shall be published as follows:

(a) it shall be publicly read in some conspicuous place of thetown, village or kampong in or near which that personordinarily resides;

(b) it shall be affixed to some conspicuous part of the houseor other place in which that person ordinarily resides orin some conspicuous place of the town, village or kampong;and

(c) a copy thereof shall be affixed to some conspicuous partof the Court-house.

(3) A statement in writing by the Court issuing the proclamationto the effect that the proclamation was duly published on a specifiedday shall be conclusive evidence that the requirements of thissection have been complied with and that the proclamation waspublished on that day.


Attachment of property of person proclaimed

45. (1) The Court issuing a proclamation under section 44 mayat any time order the attachment of any property movable orimmovable or both belonging to the proclaimed person.

(2) The order shall authorize the attachment of any propertybelonging to the person within the local jurisdiction of the Courtby which it is made, and it shall authorize the attachment of anyproperty belonging to that person without such jurisdiction whenindorsed by a Magistrate within whose jurisdiction the property issituate.

(3) If the property ordered to be attached consists of debts orother movable property the attachment shall be made—

(a) by seizure;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the delivery of theproperty to the proclaimed person or to any one on hisbehalf; or

(d) by all or any two of such methods as the Court thinksfit.

(4) If the property ordered to be attached be immovable theattachment under this section shall be made through the LandAdministrator of the district in which the land is situate; and uponthe receipt of an order of attachment the said Land Administratorshall execute the same—

(a) by taking possession;

(b) by the appointment of a receiver;

(c) by an order in writing prohibiting the payment of rent ordelivery of property to the proclaimed person or to anyone on his behalf; or

(d) by all or any two of such methods as he thinks fit.

(5) No such attachment of any land held under a title requiredby law to be registered shall take effect until the order of attachmentis duly registered under the law for the registration of dealingswith the land for the time being in force.


(6) The powers, duties and liabilities of a receiver appointedunder this section shall be the same as those of a receiver appointedunder rules of court in force for the time being.

(7) If the proclaimed person does not appear within the timespecified in the proclamation the property shall be at the disposalof the Government, but it shall not be sold until the expiration ofsix months from the date of the attachment unless it is subject tospeedy and natural decay, or the Court considers that the salewould be for the benefit of the owner, in either of which cases theCourt may cause it to be sold whenever it thinks fit.

(8) Any person other than the person proclaimed may appearbefore the Court which made the order of attachment and claim,stating his title thereto, the property or any part thereof attachedor ordered to be attached:

Provided that such claim is made within three months from theorder of attachment.

(9) The Court shall record the claim so made and shall causea copy thereof to be served upon the Public Prosecutor togetherwith a notice requiring him to attend before the Court on a dayand at a time to be stated therein to show cause why the property,if attached, should not be released, or why the order of attachmentshould not be cancelled so far as it relates to the property soclaimed.

(10) At the hearing the Court shall proceed to inquire into thetruth and justice of the claim so made and to take such evidenceas may be necessary.

(11) Such inquiry shall be made, as nearly as may be practicable,in the manner hereinafter prescribed for conducting trials in summarycases before Magistrates.

(12) The Court shall, if satisfied of the truth and justice of theclaim, direct such property to be released or such order to becancelled, or if satisfied as aforesaid as to part only of the claimshall direct such part to be released or so much of the order asrelates thereto to be cancelled.

(13) The Court may in its discretion award to the claimant costsand such advocates’ fees as it thinks proper which shall be paidout of the Consolidated Fund.


Restoration of attached property

46. If within two years from the date of the attachment anyperson whose property is or has been at the disposal of the Governmentunder section 45 appears voluntarily or is apprehended and broughtbefore the Court by whose order the property was attached andproves to the satisfaction of the Court that he did not abscond orconceal himself for the purpose of avoiding execution of the warrant,and that he had not such notice of the proclamation as to enablehim to attend within the time specified therein, the property or,if the same has been sold, the nett proceeds of the sale or, if partonly thereof has been sold, the nett proceeds of the sale and theresidue of the property shall, after satisfying thereout all costsincurred in consequence of the attachment, be delivered to him.

Other Rules Regarding Summonses to Appearand Warrants of Arrest

Issue of warrant in lieu of or in addition to summons

47. A criminal Court may in any case in which it is empoweredto issue a summons for the appearance of any person other thana juror or assessor issue, after recording its reasons in writing, awarrant for his arrest—

(a) if either before the issue of summons or after the issueof the same but before the time fixed for his appearancethe Court sees reason to believe that he has abscondedor will not obey the summons; or

(b) if at such time he fails to appear and the summons isproved to have been duly served in time to admit of hisappearing in accordance therewith and no reasonable excuseis offered for such failure.

Summonses to appear and warrants of arrest may be executedin any part of Malaysia

48. (1) All summonses to appear and warrants of arrest issued bya Magistrate’s Court may be served or executed as the case maybe in any part of Malaysia:

Provided that no such summons shall be served outside the locallimits of the jurisdiction of the Court issuing the same unless thesame shall be indorsed by the Court with the words “For serviceout of the jurisdiction”.


(2) No such summons shall be indorsed by a Court issuing thesame with the words “For service out of the jurisdiction” unlessthe Court is satisfied that there are special grounds for allowingsuch service, which grounds shall be recorded before the summonsis so indorsed.

Power to take bond for appearance

49. When any person for whose appearance or arrest any Courtis empowered to issue a summons or warrant is present in theCourt it may require that person to execute a bond with or withoutsureties for his appearance in the Court.

Arrest on breach of bond for appearance

50. When any person who is bound by any bond taken under thisCode to appear before a Court does not so appear the Court mayissue a warrant directing that such person be arrested and producedbefore it.

CHAPTER VI

PROCESSES TO COMPEL THE PRODUCTION OFDOCUMENTS AND OTHER MOVABLE PROPERTY AND

FOR THE DISCOVERY OF PERSONSWRONGFULLY CONFINED

Summons to produce document or other things

51. (1) Whenever any Court or police officer making a policeinvestigation considers that the production of any property ordocument is necessary or desirable for the purposes of anyinvestigation, inquiry, trial or other proceeding under this Code byor before that Court or officer, such Court may issue a summonsor such officer a written order to the person in whose possessionor power such property or document is believed to be requiringhim to attend and produce it or to produce it at the time and placestated in the summons or order.


(2) Any person required under this section merely to produceany property or document shall be deemed to have complied withthe requisition if he causes the property or document to be producedinstead of attending personally to produce the same.

(3) Nothing in this section shall be deemed to affect the provisionsof any law relating to evidence for the time being in force or toapply to any postal article, telegram or other document in thecustody of the postal or telegraph authorities.

Procedure as to postal articles, etc.

52. (1) If any such postal article, telegram or other document isin the opinion of a Judge or a Sessions Court Judge wanted forthe purpose of any investigation, inquiry, trial or other proceedingunder this Code, the Judge or Sessions Court Judge may requirethe postal or telegraph authorities to deliver that postal article,telegram or other document to such person as he may direct.

(2) If any such postal article, telegram or other document is inthe opinion of the Public Prosecutor wanted for any such purposehe may require the postal or telegraph authorities to cause searchto be made for and to detain that document pending the orders ofa Judge or a Sessions Court Judge.

Sections 34 to 37 to apply

53. Sections 34, 35, 36 and 37 shall apply in relation to summonsesunder this Chapter.

Search Warrants

When search warrant may be issued

54. (1) Where—

(a) any Court has reason to believe that a person to whoma summons under section 51 or a requisition undersubsection 52(1) has been or might have been addressedwill not or would not produce the property or documentas required by the requisition;


(b) that property or document is not known to the Court tobe in the possession of any person; or

(c) the Court considers that the purposes of justice or of anyinquiry, trial or other proceeding under this Code will beserved by a general search or inspection,

the Court may issue a search warrant and the person to whom thatwarrant is directed may search and inspect in accordance with thewarrant and the provisions herein contained.

(2) Nothing herein contained shall authorize any Court otherthan the High Court to grant a warrant to search for a postal article,telegram or other document in the custody of the postal or telegraphauthorities.

(3) A search warrant shall ordinarily be directed to the ChiefPolice Officer of the State in which it is issued and to some otherofficers to be designated by name therein, and all or any of thosepolice officers may execute the warrant.

(4) The Court issuing a search warrant may direct it to anyperson or persons by name, not being police officers, and all orany one or more of those persons may execute the warrant.

Power to restrict search warrant

55. The Court may if it thinks fit specify in the warrant theparticular place or part of it to which only the search or inspectionshall extend, and the person charged with the execution of thewarrant shall then search or inspect only the place or part sospecified.

Magistrate may issue warrant authorizing search for evidenceof offence

56. If a Magistrate, upon information and after such inquiry ashe thinks necessary, has reason to believe that anything upon, byor in respect of which an offence has been committed, or anyevidence or thing which is necessary to the conduct of an investigationinto any offence, may be found in any place, he may, by warrant,authorize the person to whom it is directed to enter, with suchassistance, as may be required, and search the place for any suchevidence or thing, and, if anything searched for is found, to seizeit and bring it before the Magistrate issuing the warrant, or someother Magistrate, to be dealt with in accordance with law.


Form of search warrant

57. (1) Every search warrant issued by a Court under this Codeshall be in writing and signed as provided by the Courts of JudicatureAct 1964, or the Subordinate Courts Act 1948, and shall bear theseal of the Court.

(2) Every such warrant shall remain in force for a reasonablenumber of days to be specified in the warrant.

(3) Search warrants issued under this Code may be executed inany part of Malaysia.

Search for persons wrongfully confined

58. (1) If any Magistrate has reason to believe that any person isconfined under such circumstances that the confinement amountsto an offence he may issue a search warrant.

(2) The person to whom the warrant is directed may search forthe person confined.

(3) The search shall be made in accordance with the warrantand the person, if found, shall be immediately taken before aMagistrate who shall make such order as in the circumstances ofthe case seems proper.

Persons in charge of closed places to allow search

59. (1) Whenever any place liable to search or inspection underthis Chapter is closed any person residing in or being in chargeof that place shall on demand of the officer or other person executingthe warrant and on production of the warrant allow him free ingressto it and afford all reasonable facilities for a search in it.

(2) If ingress to such place cannot be so obtained the officer orother person executing the warrant may proceed in the mannerprovided by subsection 16(2).

Magistrate issuing search warrant may attend at its execution

60. The Magistrate by whom a search warrant is issued mayattend personally for the purpose of seeing that the warrant is dulyexecuted.


Magistrate may direct search in his presence

61. Any Magistrate may orally direct a search to be made in hispresence of any place for the search of which he is competent toissue a search warrant.

Search without warrant

62. (1) If information is given to any police officer, not below therank of Inspector that there is reasonable cause for suspecting thatany stolen property is concealed or lodged in any place and he hasgood grounds for believing that by reason of the delay in obtaininga search warrant the property is likely to be removed, that officerby virtue of his office may search in the place specified for specificproperty alleged to have been stolen.

(2) A list of the property alleged to have been stolen shall bedelivered or taken down in writing with a declaration stating thatsuch property has been stolen and that the informant hasgood grounds for believing that the property is deposited in thatplace.

(3) The person from whom the property was stolen or hisrepresentative shall accompany the officer in the search.

Forfeiture of counterfeit coin

62A. (1) Any police officer not below the rank of Inspector, uponbeing satisfied that any person has in his possession any counterfeitcoin or counterfeit current coin or any die, instrument or materialfor the purpose of counterfeiting any coin or current coin, maywithout warrant and with or without assistance enter and searchany place where any such coin or any such die, instrument ormaterial is kept and seize all the coin, die, instrument or material.

(2) Anything seized under subsection (1) shall, by order of theCourt before which any person is tried relating to its possession,or where there is no trial by order of a Magistrate, be forfeited andshall be destroyed or otherwise disposed of in such manner as theMinister may direct.


Forfeiture of counterfeit currency

62B. (1) Any police officer not below the rank of Inspector, uponbeing satisfied that any person has in his possession any forgedor counterfeit currency note or bank note or any machinery, instrumentor material used or intended to be used for the forging or counterfeitingof any currency note or bank note, may without warrant and withor without assistance enter and search any place where any suchcurrency note or bank note or any such machinery, instrument ormaterial is kept and seize all the notes, machinery, instrument ormaterial.

(2) Anything seized under subsection (1) shall, by order of theCourt before which any person is tried relating to its possession,or where there is no trial, by order of a Magistrate, be forfeitedand shall be destroyed or otherwise disposed of in such manneras the Minister may direct.

Summary search

63. (1) Any police officer may under the circumstances mentionedin this section, be authorized in writing by the Chief Police Officerto enter, and if so authorized, may enter any place in search ofstolen property and search and seize and secure any propertywhich he believes to have been stolen in the same manner as hewould be authorized to do if he had a search warrant and theproperty seized, if any, corresponded to the property described inthe search warrant.

(2) In every case in which property is seized in pursuance ofthis section the person in whose place it was at the time of seizureor the person from whom it was taken, if other than the person inwhose place it was, shall unless previously charged with receivingthe same knowing it to have been stolen be summoned before aMagistrate to account for his possession of the property, and theMagistrate shall make such order respecting the disposal of theproperty and may award such costs as the justice of the case mayrequire.

(3) The Chief Police Officer may give such authority as aforesaidin the following cases or either of them—

(a) when the place to be searched is or within the precedingtwelve months has been in the occupation of or used byany person who has been convicted of receiving stolenproperty or of harbouring thieves; or


(b) when the place to be searched is in the occupation of orused by any person who has been convicted of an offenceinvolving fraud or dishonesty and punishable byimprisonment.

(4) It shall not be necessary for the Chief Police Officer ongiving such authority to specify any particular property but he maygive the authority if he has reason to believe generally that theplace is being used for the reception of stolen goods.

List of all things seized to be made and signed

64. A list of all things seized in the course of a search madeunder this Chapter and of the places in which they are respectivelyfound shall be prepared by the officer or other person making thesearch and signed by him.

Occupant to be present at search

65. The occupant of the place searched, or some person in hisbehalf, shall in every instance be permitted to attend during thesearch, and a copy of the list prepared and signed under thissection shall be delivered to that occupant or person at his request.

PART IV

PREVENTION OF OFFENCES

CHAPTER VII

SECURITY FOR KEEPING THE PEACE ANDFOR GOOD BEHAVIOUR

Security for keeping the peace on conviction

66. (1) Whenever any person is convicted—

(a) of any offence which involves a breach of the peace orof abetting the same; or


(b) of committing criminal intimidation or criminal trespassor of being a member of an unlawful assembly, and theCourt before which the person is convicted is of opinionthat it is necessary to require that person to execute abond for keeping the peace, the Court may, at the timeof passing sentence on that person or in lieu of anysentence, order him to execute a bond for a sumproportionate to his means with or without sureties forkeeping the peace during such period in each instance asit thinks fit to fix, not exceeding six months if the orderis by a Magistrate’s Court or two years if the order is bythe High Court.

(2) If the conviction is set aside on appeal or otherwise thebond so executed shall be void.

Security for keeping the peace by complainant

66A. (1) If during or after the trial of a case the Court is ofopinion that the conduct of a complainant is or has been such thatit is necessary to call upon him to show cause why he should notenter into a bond to keep the peace for such period not exceedingsix months as the Court thinks fit to fix, the Court may summarilycall upon him to do so.

(2) The evidence upon which the Court decides to call on aperson to show cause under this section shall be read to the personso called on, but it shall not be necessary to recall any witnessunless the person called upon desires to cross-examine the witness.

(3) The case to show cause under this section may if the Courtsees fit proceed either as part of the case out of which it has ariseor as a separate proceeding.

(4) If, when so called upon, the complainant fails to show cause,the Court may order him to execute a bond to keep the peace forsuch period not exceeding six months as the Court thinks fit.

Security for keeping the peace in other cases

67. Whenever it appears to a Magistrate that any person residingor being within the local limits of his jurisdiction is likely tocommit a breach of the peace or to do any wrongful act that mayprobably occasion a breach of the peace within or beyond such


limits, the Magistrate may, in the manner hereinafter providedrequire that person to show cause why he should not be orderedto execute a bond with or without sureties for keeping the peacefor such period not exceeding six months as the Magistrate thinksfit to fix.

Security for good behaviour from suspected persons, vagrantsand persons disseminating seditious matter

68. (1) Whenever it appears to a Magistrate that—

(a) any person is taking precautions to conceal his presencewithin the local limits of his jurisdiction and that thereis reason to believe that person is taking those precautionswith a view to committing an offence;

(b) there is within such limits any person who has no ostensiblemeans of subsistence or who cannot give a satisfactoryaccount of himself; or

(c) there is within such limits any person who within orwithout such limits either orally or in writing disseminatesor attempts to disseminate or in any way abets thedissemination of—

(i) any seditious matter, that it is to say any matterthe publication of which is punishable under theSedition Act 1948 [Act 15]; or

(ii) any matter concerning a Judge or Magistrate whichamounts to criminal intimidation or defamationunder the Penal Code,

the Magistrate may, in the manner hereinafter provided, requirethat person to show cause why he should not be ordered to executea bond with sureties for his good behaviour for such period notexceeding six months as the Magistrate thinks fit to fix.

(2) No proceedings shall be taken under paragraph (c) againstthe editor, proprietor, printer or publisher of any book or newspaperregistered under the Printing Presses and Publications Act 1984[Act 301], or under the Deposit of Library Material Act 1986 z[Act 331], except by the order or under the authority of the PublicProsecutor.


Security for good behaviour from habitual offenders

69. Whenever it appears to a Magistrate that any person withinthe local limits of the jurisdiction of that Magistrate—

(a) is a habitual robber, housebreaker or thief or a habitualreceiver of stolen property knowing the same to havebeen stolen;

(b) habitually commits extortion or in order to the committingof extortion habitually puts or attempts to put persons infear of injury;

(c) is a habitual protector or harbourer of thieves;

(d) is a habitual aider in the concealment or disposal ofstolen property;

(e) is a notorious bad liver or is a dangerous character; or

(f) habitually consorts with robbers, housebreakers, thieves,prostitutes or persons who have no visible means ofsubsistence,

the Magistrate may, in the manner hereinafter provided, requirethat person to show cause why he should not be ordered to executea bond with or without sureties for his good behaviour for suchperiod not exceeding six months as the Magistrate thinks fit to fix.

Summons or warrant if required

70. (1) When a Magistrate acting under section 67, 68, or 69deems it necessary to require any person to show cause under thesection he shall, if that person has not been arrested without warrantand brought before the Court for the purpose of the inquiry hereinaftermentioned, issue a summons requiring him to appear and showcause or when that person is in custody but not present in Courta warrant directing the officer in whose custody he is to producehim before the Court.

(2) Whenever it appears to the Magistrate upon the report of apolice officer or upon other information, the substance of whichreport or information shall be recorded by the Magistrate, thatthere is reason to fear the commission of a breach of the peace andthat such breach of the peace cannot be prevented otherwise thanby the immediate arrest of that person the Magistrate may at anytime issue a warrant for his arrest.


Form of summons or warrant

71. Every summons or warrant issued under section 70 shallcontain a brief statement of the substance of the information onwhich the summons or warrant was issued, and shall state theamount of the bond to be executed, the term for which it is to bein force and the number, character and class of sureties, if any,required.

Power to dispense with personal attendance

72. The Magistrate may, if he sees sufficient cause, dispensewith the personal attendance of any person called upon to showcause why he should not be ordered to execute a bond for keepingthe peace, and may permit him to appear by advocate.

Inquiry to be held

73. (1) When any person appears or is brought before a Magistratein compliance with a summons or in execution of a warrant issuedunder section 70 the Magistrate shall proceed to inquire into thetruth of the information on which he has acted and to take suchfurther evidence as may be necessary.

(2) When any person has been arrested without warrant andbrought before a Magistrate for the purpose of being bound overeither to keep the peace or to be of good behaviour the Magistrateshall instead of requiring him to show cause explain to that personthe purport and object of the inquiry and shall take such evidenceas may be produced on either part.

(3) An inquiry under this section shall be made as nearly as maybe practicable in the manner hereinafter prescribed for conductingsummary trials before Magistrates except that no charge need beframed.

(4) For the purpose of this section the fact that a person is ahabitual offender may be proved by evidence of general repute orotherwise.

Order to give security

74. If upon such inquiry it is proved that it is necessary forkeeping the peace or maintaining good behaviour as the case may


be that the person in respect of whom the inquiry is made shouldexecute a bond with or without sureties the Magistrate shall makean order accordingly:

Provided that—

(a) no person shall be ordered to give security of a naturedifferent from or for an amount larger than or for aperiod longer than that specified in the summons or warrantissued under section 70, if any;

(b) the amount of every bond shall be fixed with due regardto the circumstances of the case and shall not be excessive,but shall be such as to afford the person against whomthe order is made a fair chance of complying with it; and

(c) when the person in respect of whom the inquiry is madeis not competent to contract the bond shall be executedonly by his sureties.

Discharge of person informed against

75. If on an inquiry under section 73 it is not proved that it isnecessary for keeping the peace or maintaining good behaviour,as the case may be, that the person in respect of whom the inquiryis made should execute a bond the Magistrate shall make an entryon the record to that effect and if that person is in custody onlyfor the purposes of the inquiry, shall release him or, if he is notin custody, shall discharge him.

Proceedings in All Cases Subsequent toOrder to Furnish Security

Commencement of period for which security is required

76. (1) If any person in respect of whom an order requiring securityis made under section 66 or 74 is, at the time the order is made,sentenced to or undergoing a sentence of imprisonment, the periodfor which the security is required shall commence on the expirationof that sentence.

(2) In other cases such period shall commence on the date ofthe order.


Contents of bond

77. (1) The bond to be executed by any person shall bind him tokeep the peace or to be of good behaviour, as the case may be,and in the latter case the commission or attempt to commit or theabetment of any offence punishable with imprisonment, whereverit may be committed, is a breach of the bond.

(2) Every such bond shall enure throughout the whole of Malaysia.

Power to reject sureties

78. A Court may in its discretion refuse to accept any particularperson or persons offered as surety for good behaviour under thisChapter.

Imprisonment in default of security

79. (1) If any person ordered to give security under section 66,66A or 74 does not give the security on or before the date on whichthe period for which the security is to be given commences he shallbe committed to prison, or if he is already in prison be detainedin prison, until the expiration of such term as the Court may director until within that term he gives the security to the Court whichmade the order requiring it or to the officer in charge of the prisonin which he is detained:

Provided that the term, if any, for which any person is imprisonedfor failure to give security shall not exceed the period for whichsecurity is ordered to be given.

(2) (Omitted).

(3) (Omitted).

Power to release person imprisoned for failing to give security

80. When a Court is of opinion that any person imprisoned forfailing to give security under this Chapter may be released withouthazard to the community or to any other person the Court mayorder that person to be discharged:

Provided that the Court of a Magistrate shall not exercise thispower except in cases where the imprisonment is under its ownorder.


Magistrate to report in cases in which the security has beenordered by the High Court

81. Whenever a Magistrate is of opinion that any person imprisonedfor failing to give security under this Chapter as ordered by theHigh Court may be released without the hazard mentioned insection 80, the Magistrate shall make an immediate report of thecase for the orders of the High Court, and such Court may if itthinks fit order that person to be discharged.

Discharge of sureties

82. (1) Any surety for the peaceable conduct or good behaviourof another person may at any time apply to a Magistrate to cancelany bond executed under this Chapter within the local limits ofhis jurisdiction.

(2) On such application being made the Magistrate shall issuea summons or warrant, as he thinks fit, requiring the person forwhom that surety is bound to appear or be brought before him.

(3) When that person appears or is brought before the Magistratehe shall cancel the bond and shall order that person to give for theunexpired portion of the term of the bond fresh security of thesame description as the original security.

(4) Every such order shall for the purposes of sections 77, 78,79 and 80 be deemed to be an order made under section 66 or 74,as the case may be.

CHAPTER VIII

UNLAWFUL ASSEMBLIES

Who may order unlawful assembly to disperse

83. A Magistrate, gazetted police officer, police officer not belowthe rank of Inspector or officer in charge of a police station maycommand any unlawful assembly or any assembly of five or morepersons likely to cause a disturbance of the public peace to disperse,and it shall thereupon be the duty of the members of the assemblyto disperse accordingly.


Forcible dispersal of unlawful assemblies

84. If any unlawful assembly is commanded to disperse undersection 83 or under section 5 of the Public Order (Preservation)Act 1958 [Act 296], and does not disperse, or if, without havingbeen commanded to disperse, it conducts itself in such a manneras to show a determination not to disperse, any police officer, anymember of the armed forces or any other person acting in aid ofa police officer or member of the armed forces may do all thingsnecessary for dispersing the persons so continuing assembled andfor apprehending them or any of them, and, if any person makesresistance, may use such force as is reasonably necessary forovercoming resistance and shall not be liable in any criminal orcivil proceedings for having by the use of such force caused harmor death to any person or damage to any property.

85-87. (Deleted by Act A324).

Protection against prosecution

88. (1) No prosecution against any Magistrate, police officer ormember of the armed forces for any act purporting to be doneunder this Chapter shall be instituted in any Court except with thesanction in writing of the Public Prosecutor personally or, in Sabahor Sarawak, of the Director of Public Prosecutions.

(2) Where a prosecution is sanctioned as aforesaid for an actpurporting to be done under this Chapter, no Magistrate, policeofficer, member of the armed forces or person acting in aid of apolice officer or member of the armed forces shall, if the Courtis satisfied that the act was done in good faith or, if it was doneby a member of the armed forces, that it was done in obedienceto an order which under naval, military or air force law he wasbound to obey, be deemed to have thereby committed an offence.

CHAPTER IX

PUBLIC NUISANCES

Magistrate may make conditional order for removal of nuisance

89. (1) Whenever a First Class Magistrate considers on receivinga report or other information and on taking such evidence, if any,as he thinks fit that—

(a) any unlawful obstruction or nuisance should be removedfrom any way, harbour, lake, river or channel which isor may be lawfully used by the public or from any publicplace;


(b) any trade or occupation or the keeping of any goods ormerchandise by reason of its being injurious to the healthor physical comfort of the community should be suppressedor removed or prohibited;

(c) the construction of any building or the disposal of anysubstance likely to occasion conflagration or explosionshould be prevented or stopped;

(d) any building or tree is in such a condition that it is likelyto fall and thereby cause injury to persons living or carryingon business in the neighbourhood or passing by and thatin consequence its removal, repair or support is necessary;or

(e) any tank, well or excavation adjacent to any such wayas aforesaid or to any public place should be fenced insuch a manner as to prevent danger arising to the public,

the Magistrate may make a conditional order requiring the personcausing the obstruction or nuisance, or carrying on the trade oroccupation, or keeping any such goods or merchandise, or owning,possessing or controlling such building, tree, substance, tank, wellor excavation within a time to be fixed in the order to—

(aa) remove the obstruction or nuisance;

(bb) suppress or remove the trade or occupation;

(cc) remove the goods or merchandise;

(dd) prevent or stop the construction of the building;

(ee) remove, repair or support the building;

(ff) lop or fell the tree;

(gg) alter the disposal of the substance;

(hh) fence the tank, well or excavation,

or appear before the Magistrate at a time and place to be fixed bythe order and move to have the order set aside or modified in themanner hereinafter provided.

(2) No order duly made by a Magistrate under this section shallbe called in question in any Court except by way of appeal.


(3) For the purposes of this section a “public place” includesalso property belonging to the Government of a State or ofMalaysia and grounds left unoccupied for sanitary or recreativepurposes.

Order to be served or notified

90. (1) The order and any other notice or order given or madeunder this Chapter shall, if practicable, be served on the personagainst whom it is made in the manner in this Code provided forservice of a summons.

(2) If the order cannot be so served it shall be notified byproclamation published in the Gazette, and a copy of it shall beposted at such place as may be fittest for conveying the informationto that person.

Person against whom order is made to obey or appear andshow cause

91. The person against whom such order is made shall—

(a) perform within the time specified in the order the actdirected thereby, or

(b) appear in accordance with the order and show causeagainst it.

Consequence of his failing to do so

92. If such person does not perform such act or appear and showcause as required by section 91 the order shall be made absolute.

Procedure on appearance to show cause

93. (1) If such person appears and shows cause against the orderthe Magistrate shall take evidence in the matter.

(2) If the Magistrate is satisfied that the order is not reasonableand proper no further proceedings shall be taken in the case.

(3) If the Magistrate is not so satisfied the order shall be madeabsolute.


Procedure on order being made absolute

94. When an order has been made absolute under section 92 or93 the Magistrate shall give notice of it to the person againstwhom the order was made, and shall further require him to performthe act directed by the order within a time to be fixed in the noticeand inform him that in case of disobedience he will be liable tothe penalty prescribed in section 188 of the Penal Code:

Provided that if such person be a corporation it shall be liableonly to the fine prescribed by the said section.

Consequence of disobedience to order

95. (1) If such order is not performed within the time fixed theMagistrate may cause it to be performed and may recover the costsof performing it either by sale of the buildings, goods or otherproperty removed by his order or by the distress and sale of anyother movable property of such person within or without the locallimits of the Magistrate’s jurisdiction.

(2) If the property is without such limits the order shall authorizeits attachment and sale when indorsed by a Magistrate within thelocal limits of whose jurisdiction the property to be attached isfound.

(3) No suit shall lie in respect of anything done in good faithunder this section.

Injunction pending final decision

96. (1) If the Magistrate making an order under section 89 considersthat immediate measures should be taken to prevent imminentdanger or injury of a serious kind to the public he may issue suchan injunction to the person against whom the order was made asis required to obviate or prevent such danger or injury pending thefinal decision of the case.

(2) In default of such person forthwith obeying such injunctionthe Magistrate may use, or cause to be used, such means as hethinks fit to obviate such danger or to prevent such injury.


(3) No suit shall lie in respect of anything done in good faithby a Magistrate under this section.

Power to prohibit repetition or continuance of public nuisance

97. A First Class Magistrate may order any person not to repeator continue a public nuisance as defined in the Penal Code or anyother law in force for the time being.

CHAPTER X

TEMPORARY ORDERS IN URGENT CASESOF NUISANCE

Power to issue order absolute at once in urgent cases of nuisance

98. (1) In cases where in the opinion of a Magistrate immediateprevention or speedy remedy is desirable that Magistrate may, bya written order stating the material facts of the case and served inthe manner provided in section 90, direct any person to abstainfrom a certain act or to take certain order with certain property inhis possession or under his management if the Magistrate considersthat the direction is likely to prevent or tends to prevent obstruction,annoyance or injury to any persons lawfully employed, or dangerto human life, health or safety, or a riot or any affray.

(2) An order under this section may in cases of emergency orin cases where the circumstances do not admit of the serving indue time of notice upon the person against whom the order is madebe made ex parte.

(3) An order under this section may be directed to a particularperson or to the public generally when frequenting or visiting aparticular place.

(4) Any Magistrate may rescind or alter any order made underthis section by himself or his predecessor in office.

(5) No order under this section shall remain in force for morethan seven days from the making of it.


CHAPTER XI

DISPUTES AS TO IMMOVABLE PROPERTY

Procedure where dispute concerning land, etc., is likely to causebreach of peace

99. (1) Whenever a First Class Magistrate is satisfied, from apolice report or other information that a dispute likely to cause abreach of the peace exists concerning any land or water or theboundaries thereof within the local limits of his jurisdiction, heshall make an order in writing stating the grounds of his being sosatisfied and requiring the parties concerned in the dispute toattend his Court in person or by advocate within a time to be fixedby the Magistrate and to put in written statements of their respectiveclaims as respects the fact of actual possession of the subject ofdispute.

(2) For the purposes of this section and of section 101, theexpression “land or water” includes buildings, markets, fisheries,crops or other produce of land and the rents or profits of any suchproperty.

(3) A copy of the order shall be served in the manner providedby this Code for the service of a summons upon such person orpersons as the Magistrate directs, and at least one copy shall bepublished by being affixed to some conspicuous place at or nearthe subject of dispute.

(4) The Magistrate shall then, without reference to the meritsof the claims of any of the parties to a right to possess the subjectof dispute, peruse the statements so put in, hear the parties, receivethe evidence produced by them respectively, consider the effectof such evidence, take such further evidence, if any, as he thinksnecessary, and if possible decide whether any and which of theparties is then in actual possession of the said subject:

Provided that—

(a) if it appears to the Magistrate that any party has, withintwo months next before the date of the order, been forciblyand wrongfully dispossessed he may treat the party sodispossessed as if he had been in possession at that date;


(b) if the Magistrate considers the case one of emergency hemay at any time attach the subject of dispute pending hisdecision under this section.

(5) Nothing in this section shall preclude any party so requiredto attend from showing that no such dispute as aforesaid exists orhas existed, and in that case the Magistrate shall cancel the orderand all further proceedings on it shall be stayed.

(6) If the Magistrate decides that one of the parties is then inactual possession of the said subject he shall issue an order declaringthat party to be entitled to retain possession of it until evicted fromit in due course of law, and forbidding all disturbance of suchpossession until such eviction.

(7) Proceedings under this section shall not abate by reasononly of the death of any of the parties thereto.

Power to attach subject of dispute

100. If the Magistrate decides that none of the parties is then inactual possession or is unable to satisfy himself as to which ofthem is then in actual possession of the subject of dispute he mayattach it until a competent Civil Court has determined the rightsof the parties thereto or the persons entitled to possession of it.

Disputes concerning rights over land or water

101. (1) Whenever a First Class Magistrate is satisfied as aforesaidthat a dispute likely to cause a breach of the peace exists concerningthe right to do or prevent the doing of anything in or upon anyland or water situate within the local limits of his jurisdiction hemay inquire into the matter and may if it appears to him that theright exists make an order permitting that thing to be done ordirecting that it shall not be done, as the case may be, until theperson objecting to that thing being done or claiming that it maybe done obtains the decision of a competent Civil Court adjudginghim to be entitled to prevent the doing of or to do that thing asthe case may be.


(2) No order shall be made under this section permitting thedoing of anything where the right to do that thing is exercisableat all times of the year unless the right has been exercised withinthree months next before the institution of the inquiry or, wherethe right is exercisable only at particular seasons, unless the righthas been exercised during the season next before the institution ofthe enquiry.

Order as to costs

102. When any costs have been incurred by any party to aproceeding under this Chapter for witnesses’ or advocates’ fees orboth the Magistrate giving a decision under section 99, 100 or 101may assess such costs and direct by whom the same shall be paid,whether by that party or by any other party to the proceeding andwhether in whole or in part or proportion.

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

Police to prevent seizable offences

103. Every police officer may interpose for the purpose ofpreventing and shall to the best of his ability using all lawfulmeans prevent the commission of any seizable offence.

Information of design to commit seizable offences

104. Every police officer receiving information of a design tocommit any seizable offence shall communicate that informationto the police officer to whom he is subordinate and to any otherofficer whose duty it is to prevent or take cognizance of thecommission of any such offence.

Arrest to prevent seizable offences

105. A police officer knowing of a design to commit any seizableoffence may arrest without orders from a Magistrate and withouta warrant the person so designing if it appears to the officer thatthe commission of the offence cannot otherwise be prevented.


Prevention of injury to public property

106. A police officer may of his own authority interpose toprevent any injury attempted to be committed in his view to anypublic property, movable or immovable, or the removal or injuryof any public land-mark or buoy or other mark used for navigation.

PART V

INFORMATION TO POLICE AND THEIR POWERSTO INVESTIGATE

CHAPTER XIII

Information of offences

107. (1) Every information relating to the commission of an offence,if given orally to an officer in charge of a police station, shall bereduced to writing by him or under his direction and be read overto the informant.

(2) Every such information shall be entered in a book to be keptby that officer, who shall append to such entry the date and houron which that information was given, and whether given in writingor reduced to writing as aforesaid shall be signed by the persongiving it.

Procedure in non-seizable cases

108. (1) When the information aforesaid relates to the commissionof a non-seizable offence that officer shall refer the informant toa Magistrate.

(2) No police officer shall in a non-seizable case exercise anyof the special powers in relation to police investigations given bythis Chapter without the order of the Public Prosecutor.

(3) Any police officer not below the rank of Sergeant or anyofficer in charge of a police station receiving such order mayexercise the same powers in respect of the investigation, exceptthe power to arrest without warrant, as that police officer mayexercise without an order in a seizable case.


Admission of certified copy of information as evidence

108A. In any proceeding under this Code a copy of an entryrelating to an information reduced to writing under the provisionsof section 107, and purporting to be certified to be a true copy bythe Officer in Charge of the Police District in which the policestation where the information given is situated, shall be admittedas evidence of the contents of the original and of the time, placeand manner in which the information was so recorded.

Investigation in seizable cases

109. (1) Any police officer not below the rank of Sergeant or anyofficer in charge of a police station may without the order of thePublic Prosecutor exercise all or any of the special powers inrelation to police investigations given by this Chapter in anyseizable case.

(2) No proceedings of a police officer in any such case shallat any stage be called in question on the ground that the case wasone in which that officer was not empowered under this sectionto exercise the special powers of police investigations given bythis Chapter.

Procedure where seizable offence suspected

110. (1) If from information received or otherwise a police officernot below the rank of Sergeant or an officer in charge of a policestation has reason to suspect the commission of a seizable offencehe shall, unless the offence is of a character which the PublicProsecutor has directed need not be reported to him, immediatelysend a report of the same to the Public Prosecutor, and shallproceed in person or shall depute one of his subordinate officersto proceed to the spot to inquire into the facts and circumstancesof the case and to take such measures as may be necessary for thediscovery and, where not inexpedient, arrest of the offender:

Provided as follows—

(a) when any information as to the commission of any suchoffence is given against any person by name and the caseis not of a serious nature the police officer receiving thesame need not proceed in person or depute a subordinateofficer to make an enquiry on the spot;


(b) if it appears to the police officer receiving the informationthat there is no sufficient ground for proceeding or furtherproceeding in the matter he shall not do so.

(2) In each of the cases mentioned in paragraphs (a) and (b) thepolice officer receiving the information shall state in his saidreport, if any, his reasons for not fully complying with subsection(1).

(3) Where a police officer exercises the power of deputationgiven by subsection (1) the subordinate officer so deputed shallnot be entitled to use any of the powers given by sections 111, 112,116 and 117.

Police officer’s power to require attendance of witnesses

111. (1) A police officer making an investigation under this Chaptermay by order in writing require the attendance before himself ofany person being within the limits of the police district in whichhe is making an investigation who from the information given orotherwise appears to be acquainted with the circumstances of thecase, and that person shall attend as so required:

Provided that no person shall be required under this section toperform a journey of more than seven miles from his usual placeof abode exclusive of such portion of the journey as may beperformed by train or motor car or other vehicle.

(2) If any such person refuses to attend as so required thatpolice officer may report such refusal to a Magistrate who maythereupon in his discretion issue a warrant to secure the attendanceof that person as required by such order.

(3) Any police officer requiring the attendance of any personemployed on a railway shall send immediate information thereofto the person in charge of the nearest railway station. No personemployed on a railway shall be required to leave his employmentunder such circumstances as to endanger the lives of personstravelling on the railway.

Examination of witnesses by police

112. (1) A police officer making a police investigation under thisChapter may examine orally any person supposed to be acquaintedwith the facts and circumstances of the case and shall reduce intowriting any statement made by the person so examined.


(2) Such person shall be bound to answer all questions relatingto the case put to him by that officer:

Provided that such person may refuse to answer any questionthe answer to which would have a tendency to expose him to acriminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall belegally bound to state the truth, whether or not such statement ismade wholly or partly in answer to questions.

(4) A police officer examining a person under subsection (1)shall first inform that person of the provisions of subsections (2)and (3).

(5) A statement made by any person under this section whetheror not a caution has been administered to him under subsection113(1) shall, whenever possible, be taken down in writing andsigned by the person making it or affixed with his thumb print asthe case may be, after it has been read to him in the language inwhich he made it and after he has been given an opportunity tomake any corrections he may wish.

Admission of statements in evidence

113. (1) Where any person is charged with any offence anystatement, whether the statement amounts to a confession or notor is oral or in writing, made at any time, whether before or afterthe person is charged and whether in the course of a policeinvestigation or not and whether or not wholly or partly in answerto questions, by that person to or in the hearing of any policeofficer of or above the rank of Inspector and whether or notinterpreted to him by another police officer or other person shallbe admissible in evidence at his trial and, if the person chargedtenders himself as a witness, any such statement may be used incross-examination and for the purpose of impeaching his credit:

Provided that—

(a) no such statement shall be admissible or used as aforesaid—

(i) if the making of the statement appears to the courtto have been caused by any inducement, threat orpromise having reference to the charge proceedingfrom a person in authority and sufficient in the


opinion of the court to give the person chargedgrounds which would appear to him reasonable forsupposing that by making it he would gain anyadvantage or avoid any evil of a temporal naturein reference to the proceeding against him; or

(ii) in the case of a statement made by the person afterhis arrest, unless the court is satisfied that a cautionwas administered to him in the following words orwords to the like effect:

“It is my duty to warn you that you are notobliged to say anything or to answer any question,but anything you say, whether in answer to aquestion or not, may be given in evidence”; and

(b) a statement made by any person before there is time tocaution him shall not be rendered inadmissible in evidencemerely by reason of no such caution having beenadministered if it has been administered as soon as possible.

(2) Notwithstanding anything to the contrary contained in anywritten law a person accused of an offence to which subsection(1) applies shall not be bound to answer any questions relating tothe case after any such caution as aforesaid has been administeredto him.

No discouragement from making statement to police

114. No police officer or other person shall prevent or discourageby any caution or otherwise any person from making in the courseof a police investigation under this Chapter any statement whichhe may be disposed to make of his own free will.

Power to record statements and confessions

115. (1) Any Magistrate may record any statement or confessionmade to him at any time before the commencement of the inquiryor trial.

(2) Such statement or confession shall be recorded in full inwriting by the Magistrate to whom it is made and shall then beforwarded to the Magistrate, if different, before whom the case isto be inquired into or tried.


(3) No Magistrate shall record any such statement or confessionunless upon questioning the person making it he has reason tobelieve that it was made voluntarily, and when he records anyconfession he shall make a memorandum at the foot of such recordto the following effect—

“I believe that this confession was voluntarily made. It wastaken in my presence and hearing and was read over to theperson making it and admitted by him to be correct and itcontains a full and true account of what he said.

(Signed) A.B.Magistrate.”.

(4) The taking and recording of any statement or confessionshall not disqualify a Magistrate who has so taken and recordedthe same from inquiring into or trying the case.

(5) No oath or affirmation shall be administered to any personmaking a statement or confession as provided in this section.

Search by police officer

116. (1) Whenever a police officer making a police investigationconsiders that the production of any document or other thing isnecessary to the conduct of an investigation into any offence whichhe is authorized to investigate and there is reason to believe thatthe person to whom a summons or order under section 51 has beenor might be issued will not or would not produce the documentor other thing as directed in the summons or order or when thedocument or other thing is not known to be in the possession ofany person, the officer may search or cause search to be made forthe same in any place.

(2) That officer shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person and there isno other person competent to make the search present at the time,he may require any officer subordinate to him to make the search,and he shall deliver to the subordinate officer an order in writingspecifying the document or other thing for which search is to bemade and the place to be searched, and the subordinate officer maythen search for the thing in that place.


(4) The provisions of this Code as to search warrants shall, sofar as may be, apply to a search made under this section.

Procedure where investigation cannot be completed withintwenty-four hours

117. (1) Whenever any person is arrested and detained in custodyand it appears that the investigation cannot be completed withinthe period of twenty-four hours fixed by section 28 and there aregrounds for believing that the accusation or information is wellfounded the police officer making the investigation shall immediatelytransmit to a Magistrate a copy of the entries in the diary hereinafterprescribed relating to the case and shall at the same time producethe accused before the Magistrate.

(2) The Magistrate before whom an accused person is producedunder this section may, whether he has or has not jurisdiction totry the case, from time to time authorize the detention of theaccused in such custody as the Magistrate thinks fit for a term notexceeding fifteen days in the whole. If he has no jurisdiction totry the case and considers further detention unnecessary he mayorder the accused person to be produced before a Magistrate havingsuch jurisdiction or, if the case is triable only by the High Court,before himself or another Magistrate having jurisdiction with aview to transmission for trial by the High Court.

(3) A Magistrate authorizing under this section detention in thecustody of the police shall record his reasons for so doing.

Police officer may require bond for appearance of complainantand witnesses

118. (1) If upon a police investigation made under this Chapterit appears to the officer making the investigation that there issufficient evidence or reasonable ground of suspicion to justify thecommencement or continuance of criminal proceedings againstany person, the officer shall require the complainant, if any, andso many of the persons who appear to the officer to be acquaintedwith the circumstances of the case, as he thinks necessary, toexecute a bond to appear before a Magistrate’s Court therein namedand give evidence in the matter of the charge against the accused.


(2) The officer in whose presence the bond is executed shallsend it to the Magistrate’s Court.

(3) If any complainant or witness refuses to execute the bond,that officer shall report the same to the Magistrate’s Court whichmay then in its discretion issue a warrant or summons to securethe attendance of the complainant or witness before itself to giveevidence in the matter of the charge against the accused.

Diary of proceedings in investigation

119. (1) Every police officer making a police investigation underthis Chapter shall day by day enter his proceedings in the investigationin a diary setting forth—

(a) the time at which the order, if any, for investigationreached him;

(b) the time at which he began and closed the investigation;

(c) the place or places visited by him; and

(d) a statement of the circumstances ascertained through hisinvestigation.

(2) Notwithstanding anything contained in the Evidence Act1950 [Act 56], an accused person shall not be entitled, eitherbefore or in the course of any inquiry or trial, to call for or inspectany such diary:

Provided that if the police officer who has made the investigationrefers to the diary for the purposes of section 159 or 160 of thatAct, such entries only as the officer has referred to shall be shownto the accused, and the Court shall at the request of the officercause any other entries to be concealed from view or obliterated.

Report of police officer

120. (1) Every police investigation under this Chapter shall becompleted without unnecessary delay, and soon as it is completedthe officer making the same shall unless the offence is of a characterwhich the Public Prosecutor has directed need not be reported tohim forward to the Public Prosecutor a report in the form in theSecond Schedule setting forth the names of the parties, the natureof the information, and the names of the persons who appear tobe acquainted with the circumstances of the case.


(2) The Public Prosecutor may at any time by order in writingdirect that no report need be forwarded to him in cases of acharacter to be specified in the order, and may at any time varyor revoke the order.

PART VI

PROCEEDINGS IN PROSECUTIONS

CHAPTER XIV

JURISDICTION OF CRIMINAL COURTS IN INQUIRIES ANDTRIALS

Ordinary place of inquiry and trial

121. Every offence shall ordinarily be inquired into and tried bya Court within the local limits of whose jurisdiction it was committed.

Accused triable in place where act is done or where consequenceensues

122. When a person is accused of the commission of any offenceby reason of anything which he has done and of any consequencewhich has ensued, the offence may be inquired into or tried by aCourt within the local limits of whose jurisdiction any such thinghas been done or any such consequence has ensued.

ILLUSTRATIONS

(a) A is wounded within the local limits of the jurisdiction of the Court ofX and dies within those of the Court of Y. The offence of culpable homicideof A may be inquired into by the Court of either X or Y.

(b) A is wounded in the local limits of the jurisdiction of the Court of X andis during ten days more within the local limits of the Court of Y, and duringten days more within the local limits of the jurisdiction of the Court of Z,unable in the local limits of the jurisdiction of the Court of either Y or Z tofollow his ordinary pursuits. The offence of unlawfully causing grievous hurtto A may be inquired into or tried by the Court of either X, Y, or Z.

(c) A is put in fear of injury within the local limits of the jurisdiction of theCourt of X and is thereby induced within the local limits of the jurisdictionof the Court of Y to deliver property to the person who put him in fear. Theoffence of extortion committed on A may be inquired into or tried by theCourt of either X, or Y.


Place of trial where act is an offence by reason of relation toother offence

123. When an act is an offence by reason of its relation to anyother act which is also an offence or which would be an offenceif the person was capable of committing an offence a charge ofthe first mentioned offence may be inquired into or tried by aCourt within the local limits of whose jurisdiction either act wasdone.

ILLUSTRATIONS

(a) A charge of abetment may be inquired into or tried either by the Courtwithin the local limits of whose jurisdiction the abetment was committed orby the Court within the local limits of whose jurisdiction the offence abettedwas committed.

(b) A charge of receiving or retaining stolen goods may be inquired into ortried either by the Court within the local limit of whose jurisdiction the goodswere stolen or by the Court within the local limits of whose jurisdiction theywere at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnappedmay be inquired into by the Court within the local limits of whose jurisdictionthe wrongful concealing or by the Court within the local limits of whosejurisdiction the kidnapping took place.

Offences of escaping from custody, of criminal misappropriationor criminal breach of trust and of stealing, where triable

124. (1) The offence of having escaped from custody may beinquired into or tried by a Court within the local limits of whosejurisdiction the alleged escape occurred or a Court within the locallimits of whose jurisdiction the person charged with escaping wasapprehended after the alleged escape.

(2) The offence of criminal misappropriation or of criminalbreach of trust may be inquired into or tried by a Court within thelocal limits of whose jurisdiction any part of the property whichis subject of the offence was received by the accused person, orthe offence was committed.

(3) The offence of stealing anything may be inquired into ortried by a Court within the local limits of whose jurisdiction suchthing was stolen or was possessed by the thief, or by any personwho receives or retains the same knowing or having reason tobelieve it to be stolen.


Where scene of offence is uncertain, etc.

125. If—

(a) when it is uncertain in which of several local areas anoffence was committed;

(b) where an offence is committed partly in one local areaand partly in another;

(c) where an offence is a continuing one and continues to becommitted in more local areas than one; or

(d) where it consists of several acts done in different localareas,

it may be inquired into or tried by a Court having jurisdiction overany of such local areas.

Offence committed on a journey

126. An offence committed while the offender is in the courseof performing a journey or voyage may be inquired into or triedby a Court through or into the local limits of whose jurisdictionthe offender or the person against whom or the thing in respectof which the offence was committed passed in the course of thatjourney or voyage.

When doubt arises High Court to decide

127. Whenever any doubt arises as to the Court by which anyoffence should under the preceding provisions of this Chapter beinquired into or tried the High Court may—

(a) of its own motion;

(b) if a Court subordinate to the High Court refers the questionto the High Court for directions; or

(c) upon application made by the Public Prosecutor or theperson charged,

decide by which Court the offence shall be inquired into or tried:

Provided that before the decision is taken by the High Court thePublic Prosecutor and the person charged shall be entitled to beheard.


Liability for offences committed out of Malaysia

127A. (1) Any offence under Chapter VI of the Penal Code, anyoffence under any of the written laws specified in the Scheduleto the Extra-territorial Offences Act 1976 [Act 163], or any offenceunder any other written law the commission of which is certifiedby the Attorney General to affect the security of Malaysia committed,as the case may be—

(a) on the high seas on board any ship or on any aircraftregistered in Malaysia;

(b) by any citizen or any permanent resident on the high season board any ship or on any aircraft; or

(c) by any citizen or any permanent resident in any placewithout and beyond the limits of Malaysia,

may be dealt with as if it had been committed at any place withinMalaysia:

Provided—

(i) that notwithstanding anything in any of the precedingsections of this Chapter no charge as to any such offenceshall be inquired into in Malaysia unless a diplomaticofficer, if there is one, in the territory in which the offenceis alleged to have been committed certifies that, in hisopinion, the charge ought to be inquired into in Malaysia;and,

where there is no diplomatic officer, the sanction of the PublicProsecutor shall be required:

(ii) that any proceedings taken against any person under thissection which would be a bar to subsequent proceedingsagainst that person for the same offence if the offencehad been committed in Malaysia shall be a bar to furtherproceedings against him under any written law relatingto extradition or the surrender of fugitive criminals inforce in Malaysia in respect of the same offence in anyterritory beyond the limits of West Malaysia.

(2) For the purposes of this section the expression “permanentresident” has the meaning assigned by the Courts of JudicatureAct 1964.


Power to direct copies of depositions and exhibits to be receivedin evidence

127B. Wherever any such offence as is referred to in section127A is being inquired into or tried, the Public Prosecutor may,if he thinks fit, direct that copies of depositions made or exhibitsproduced before the diplomatic officer in or for the territory inwhich the offence is alleged to have been committed shall bereceived as evidence by the Court holding the inquiry or trial inany case in which the Court might issue a commission for takingevidence as to the matter to which the depositions or exhibitsrelate.

Conditions Requisite for Initiation of Proceedings

Cognizance of offences by Magistrates

128. (1) Subject to this Code, a Magistrate may take cognizanceof an offence—

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

(b) upon his own knowledge or suspicion that an offence hasbeen committed;

(c) whenever it appears to the Public Prosecutor that anoffence has been committed and he, by warrant under hishand, requires a Magistrate to inquire into the offenceand that Magistrate receives the warrant;

(d) on any person being brought before him in custody withoutprocess accused of having committed an offence whichthe Magistrate has jurisdiction to try.

(2) When a Magistrate takes cognizance of an offence underparagraph (b) the accused or, when there are several persons accused,any one of them shall be entitled to require that the case shall notbe tried by that Magistrate but shall be tried by another Magistrate.

Sanction required for prosecution for certain offences

129. (1) Except in the case of complaints laid by the PublicProsecutor no Court shall take cognizance—

(a) of any offence punishable under sections 172 to 188 ofthe Penal Code except with the previous sanction of thePublic Prosecutor or on the complaint of the public servantconcerned or of some public servant to whom he issubordinate;


(b) of any offence punishable under section 193, 194, 195,196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228of the Penal Code except with the previous sanction ofthe Public Prosecutor or when the offence is committedin or in relation to any proceeding in any Court on thecomplaint of such Court;

(c) of any offence described in section 463 or punishableunder section 471, 475 or 476 of the Penal Code exceptwith the previous sanction of the Public Prosecutor, orwhen the offence has been committed by a party to anyproceeding in Court in respect of a document given inevidence in the proceeding on the complaint of suchCourt.

(2) The provisions of subsection (1) with reference to the offencesnamed in it apply also to the abetment of those offences andattempts to commit them.

(3) The sanction referred to in this section shall be in writingand may be expressed in general terms and need not name theaccused person, but it shall so far as practicable specify the Courtor other place in which and the occasion on which the offence wascommitted.

(4) When a sanction is given in respect of any offence referredto in this section the Court taking cognizance of the case mayframe a charge of any other offence so referred to which is disclosedby the facts.

(5) No such sanction shall remain in force unless acted uponwithin one month from the date on which it was given.

Where complaint by Public Prosecutor is necessary

130. No Court shall take cognizance of any offence punishableunder Chapter VI of the Penal Code, except section 127, or punishableunder section 108A, 298A or 505 of the Penal Code unless uponcomplaint made by the Public Prosecutor or by some officerempowered by him on that behalf.


Where complaint by person aggrieved

131. No Court shall take cognizance of an offence falling underChapter XIX or Chapter XXI of the Penal Code or under sections493 to 496 both inclusive, except upon a complaint made by someperson aggrieved by the offence or by the Public Prosecutor.

Where complaint by husband

132. No Court shall take cognizance of an offence under section498 of the Penal Code except upon a complaint made by thehusband of the woman.

CHAPTER XV

COMPLAINTS TO MAGISTRATES

Examination of complainant

133. (1) When a Magistrate takes cognizance of an offence on acomplaint—

(a) the Magistrate shall set a date to examine the complainantin accordance with this section;

(b) the Magistrate shall serve on the Public Prosecutor anotice in writing at least seven clear days before the dateof the examination of the complainant and such noticeshall specify the date of the examination of the complainantand the particulars of the complaint received by theMagistrate under section 128;

(c) the Magistrate shall not proceed to examine the complainantunless the notice required by paragraph (b) has beenserved on the Public Prosecutor in accordance with thatparagraph;

(d) the Magistrate shall examine the complainant upon oathand the substance of the examination of the complainantshall be reduced to writing and shall be signed by thecomplainant and by the Magistrate;

(e) the Public Prosecutor may appear and assist the Magistratein the examination of the complainant.


(1A) Notwithstanding subsection (1), the Public Prosecutor mayat any stage of the examination direct the police to investigate theoffence complained of and to report thereon to the Public Prosecutor.

(1B) If the Public Prosecutor directs the police to investigate theoffence complained of, the Magistrate shall not proceed with theexamination of the complainant.

(2) This section shall not apply to a complaint of an offencewhere a summons is applied for in a summons case made by apolice officer, public officer or public servant acting in his officialcapacity.

Postponement of issue of process

134. (1) If the Magistrate sees reason to doubt the truth of acomplaint of an offence of which he is authorized to take cognizancehe may, when the complainant has been examined, record hisreason for doubting the truth of the complaint and may then postponethe issue of process for compelling the attendance of the personcomplained against and either inquire into the case himself ordirect some police officer to make inquiries for the purpose ofascertaining the truth or falsehood of the complaint and report tohim and to the Public Prosecutor the result of those inquiries.

(2) If the Magistrate decides to inquire into the case himself inaccordance with subsection (1), the Magistrate shall serve on thePublic Prosecutor a notice in writing at least seven clear daysbefore the date of the inquiry and the Public Prosecutor mayappear and assist the Magistrate in such inquiry.

Dismissal of complaint

135. (1) The Magistrate before whom a complaint is made maydismiss the complaint if after examining the complainant andrecording his examination and considering the result of the inquiry,if any, made under section 134, there is in his judgment no sufficientground for proceeding.

(2) The Magistrate if he dismisses the complaint shall recordhis reasons for so doing.


(3) Notwithstanding subsections (1) and (2), the Public Prosecutormay, if he thinks fit, inform the Magistrate that no prosecutionshall proceed in respect of the offence complained of, and thereuponthe Magistrate shall dismiss the complaint.

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE AMAGISTRATE’S COURT

Issue of process

136. (1) If in the opinion of a Magistrate taking cognizance of anoffence there is sufficient ground for proceeding and the caseappears to be one in which according to the fourth column of theFirst Schedule a summons should issue in the first instance, heshall issue a summons for the attendance of the accused.

(2) If the case appears to be one in which according to thatcolumn a warrant should issue in the first instance, he may issuea warrant or if he thinks fit, a summons for causing the accusedto be brought or to appear at a certain time before himself or someother Magistrate having jurisdiction.

(3) Nothing in this section shall be deemed to affect section 47.

Personal attendance of accused may be dispensed with

137. (1) Whenever a Magistrate issues a summons, he may, at hisdiscretion, by indorsement thereon or footnote thereto, dispense,subject to such conditions as he may deem fit to impose, with thepersonal attendance of the accused and permit him to appear byadvocate.

(2) In any case relating to an offence punishable by fine onlyor by imprisonment only of a term not exceeding three months orby both fine and imprisonment not exceeding three months and inwhich a Magistrate has issued a summons, an accused persondesiring to plead guilty and be convicted and sentenced in hisabsence may appear by advocate, or may by letter addressed to theMagistrate plead guilty and submit to pay any fine which may beimposed in respect of that offence and the Magistrate may thereuponrecord a plea of guilty and convict him according to law, and maysentence him to a fine with or without a sentence of imprisonmentin default of payment of the fine.


(3) In case of a plea of guilty by letter the accused shall givein the letter an adequate postal address and the Magistrate shallinform the accused by letter sent by registered post to that addressof the sentence imposed. Any fine so imposed shall be paid by theaccused within seven days from the day on which the Magistrate’sletter was delivered at that address in the ordinary course of post.

(4) The Magistrate inquiring into or trying the case may in hisdiscretion at any stage of the proceedings direct the personalattendance of the accused, and if necessary enforce the attendancein the manner hereinbefore provided.

(5) A sentence of imprisonment without the option of a fineshall not be pronounced in the absence of the accused but theMagistrate, if he intends to pass such a sentence, shall direct andenforce the personal attendance of the accused in accordance withsubsection (4), and upon the attendance may, subject to subsection(6), pass sentence according to law.

(6) Upon the accused appearing as aforesaid the Magistrateshall, if the accused desires to withdraw his plea of guilty andclaim trial, and notwithstanding any order of conviction made inhis absence, permit the accused to withdraw such plea and shallthereupon hear and determine the case and, if the accused is convicted,pass sentence according to law.

(7) Nothing in this section contained shall affect the powers ofthe Court conferred by paragraph 173(o).

CHAPTER XVII

PRELIMINARY INQUIRIES INTO CASES TRIABLE BY THEHIGH COURT

138–151. (Deleted by Act A908).

CHAPTER XVIIA

SPECIAL PROCEDURE RELATING TO COMMITTAL IN CASESTRIABLE BY THE HIGH COURT WHERE THE ACCUSED IS

LEGALLY REPRESENTED

151A–151B. (Deleted by Act A908).


CHAPTER XVIII

THE CHARGE

Form of charge

152. (1) Every charge under this Code shall state the offence withwhich the accused is charged.

(2) If the law which creates the offence gives it any specificname the offence may be described in the charge by that nameonly.

(3) If the law which creates the offence does not give it anyspecific name so much of the definition of the offence must bestated as to give the accused notice of the matter with which heis charged.

(4) The law and section of the law against which the offenceis said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statementthat every legal condition required by law to constitute the offencecharged was fulfilled in the particular case.

(6) If the accused has been previously convicted of any offence,and it is intended to prove that previous conviction for the purposeof increasing the punishment which the Court is competent toaward, the fact, date and place of the previous conviction shall bestated in the charge. If the statement is omitted the Court may addit at any time before sentence is passed.

ILLUSTRATIONS

(a) A is charged with the murder of B. This is equivalent to a statement thatA’s act fell within the definition of murder given in sections 299 and 300of the Penal Code; that it did not fall within any of the general exceptionsof the same Code and that it did not fall within any of the five exceptionsto section 300, or that if it did fall within exception 1, one or other of thethree provisos to that exception applied to it.

(b) A is charged under section 326 of the Penal Code with voluntarilycausing grievous hurt to B by means of an instrument for shooting. This isequivalent to a statement that the case was not provided for by section 335of the Penal Code, and that the general exceptions did not apply to it.


(c) A is accused of murder, cheating, theft, extortion, criminal intimidation,or using a false property-mark. The charge may state that A committedmurder or cheating or theft or extortion or criminal intimidation or that heused a false property-mark without reference to the definitions of thosecrimes contained in the Penal Code; but the sections under which the offenceis punishable must in each instance be referred to in the charge.

(d) A is charged under section 184 of the Penal Code with intentionallyobstructing a sale of property offered for sale by the lawful authority of apublic servant. The charge should be in those words.

Particulars as to time, place and person

153. (1) The charge shall contain such particulars as to the timeand place of the alleged offence and the person, if any, againstwhom or the thing, if any, in respect of which it was committedas are reasonably sufficient to give the accused notice of the matterwith which he is charged.

(2) When the accused is charged with criminal breach of trustor dishonest misappropriation of money it shall be sufficient tospecify the gross sum in respect of which the offence is allegedto have been committed and the dates between which the offenceis alleged to have been committed, without specifying particularitems or exact dates, and the charge so framed shall be deemedto be a charge of one offence within the meaning of section 164:

Provided that the time included between the first and last ofsuch dates shall not exceed one year.

When manner of committing offence must be stated

154. When the nature of the case is such that the particularsmentioned in sections 152 and 153 do not give the accused sufficientnotice of the matter with which he is charged, the charge shall alsocontain such particulars of the manner in which the alleged offencewas committed as will be sufficient for that purpose.

ILLUSTRATIONS

(a) A is accused of the theft of a certain article at a certain time and place.The charge need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge mustset out the manner in which A cheated B.


(c) A is accused of giving false evidence at a given time and place. Thecharge must set out that portion of the evidence given by A which is allegedto be false.

(d) A is accused of obstructing B, a public servant, in the discharge of hispublic functions at a given time and place. The charge must set out themanner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The chargeneed not state the manner in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save Bfrom punishment. The charge must set out the disobedience charged and thelaw infringed.

Sense of words used in charge to describe offence

155. In every charge words used in describing an offence shallbe deemed to have been used in the sense attached to them respectivelyby the law under which that offence is punishable.

Effect of errors

156. No error in stating either the offence or the particulars requiredto be stated in the charge, and no omission to state the offence orthose particulars shall be regarded, at any stage of the case, asmaterial unless the accused was in fact misled by that error oromission.

ILLUSTRATIONS

(a) A is charged under section 242 of the Penal Code with “having been inpossession of counterfeit coin, having known at the time when he becamepossessed of it that the coin was counterfeit” the word “fraudulently” beingomitted in the charge. Unless it appears that A was in fact misled by thisomission the error shall not be regarded as material.

(b) A is charged with cheating B, and the manner in which he cheated B isnot set out in the charge, or is set out incorrectly. A defends himself, callswitnesses, and gives his own account of the transaction. The Court may inferfrom this that the omission to set out the manner of the cheating is notmaterial.

(c) A is charged with cheating B, and the manner in which he cheated B isnot set out in the charge. There were many transactions between A and B,and A had no means of knowing to which of them the charge referred, andoffered no defence. The Court may infer from these facts that the omissionto set out the manner of the cheating was, in this case, a material error.


(d) A is charged with the murder of John Smith on 6 June 1910. In fact themurdered person’s name was James Smith and the date of the murder was5 June 1910. A was never charged with any murder but one, and had heardthe inquiry before the Magistrate which referred exclusively to the case ofJames Smith. The Court may infer from these facts that A was not misled,and that the error in the charge was immaterial.

(e) A was charged with murdering James Smith on 5 June 1910, and JohnSmith (who tried to arrest him for that murder) on 6 June 1910. Whencharged for the murder of James Smith he was tried for the murder of JohnSmith. The witnesses present in his defence were witnesses in the case ofJames Smith. The Court may infer from this that A was misled and that theerror was material.


Court may alter or add to charge

158. (1) Any Court may alter or add to any charge at any timebefore judgment is pronounced.

(2) Every such alteration or addition shall be read and explainedto the accused.

When trial may proceed immediately after alteration or addition

159. If a charge is framed or alteration or addition made undereither section 157 or 158, the Court shall immediately call uponthe accused to plead thereto and to state whether he is ready tobe tried on the charge or altered or added charge. If the accuseddeclares that he is not ready, the Court shall duly consider thereasons he may give and if proceeding immediately with the trialis not likely, in the opinion of the Court, to prejudice the accusedin his defence or the prosecutor in the conduct of the case, theCourt may, in its discretion, after the charge or alteration or additionhas been framed or made, proceed with the trial as if the new oraltered or added charge had been the original charge.

When new trial may be directed or trial suspended

160. If the new or altered or added charge is such that proceedingimmediately with the trial is likely, in the opinion of the Court,to prejudice the accused or the prosecutor as aforesaid, the Courtmay either direct a new trial or adjourn the trial for such periodas may be necessary.


Stay of proceedings if prosecution of offence in altered chargerequires previous sanction

161. If the offence stated in the new or altered or added chargeis one for the prosecution of which previous sanction is necessarythe case shall not be proceeded with until the sanction is obtained,unless sanction has been already obtained for a prosecution on thesame facts as those on which the new or altered charge is founded.

Recall of witnesses when charge altered

162. Whenever a charge is altered or added by the Court afterthe commencement of the trial the prosecutor and the accusedshall be allowed to recall or re-summon and examine, with referenceto the alteration or addition, any witness who may have beenexamined, and may also call any further evidence which may bematerial.

Separate charges for distinct offences

163. For every distinct offence of which any person is accusedthere shall be a separate charge, and every such charge shall betried separately, except in the cases mentioned in sections 164,165, 166 and 170.

ILLUSTRATION

A is accused of a theft on one occasion, and of causing grievous hurt onanother occasion. A must be separately charged and separately tried for the theftand causing grievous hurt.

Three offences of same kind within twelve months may becharged together

164. (1) When a person is accused of more offences than one ofthe same kind committed within the space of twelve months fromthe first to the last of such offences, whether in respect of the sameperson or not, he may be charged with and tried at one trial forany number of them not exceeding three.


(2) Offences are of the same kind when they are punishablewith the same amount of punishment under the same section of thePenal Code, or of any other law for the time being in force:

Provided that, for the purpose of this section, an offence punishableunder section 379, 380, 382, 392, 393, 394, 395, 396 or 397 ofthe Penal Code shall be deemed to be an offence of the same kindas an offence punishable under any other of the said sections, andthat an offence punishable under any section of the Penal Code orof any other law for the time being in force shall be deemed tobe an offence of the same kind as an attempt to commit such anoffence, when such an attempt is an offence.

Trial for more than one offence

165. (1) If in one series of acts so connected together as to formthe same transaction more offences than one are committed by thesame person, he may be charged with and tried at one trial forevery such offence.

(2) If the acts alleged constitute an offence falling within twoor more separate definitions of any law in force for the time beingby which offences are defined or punished, the person accused ofthem may be charged with and tried at one trial for each of thoseoffences.

(3) If several acts, of which one or more than one would byitself or themselves constitute an offence, constitute when combineda different offence, the person accused of them may be chargedwith and tried at one trial for the offence constituted by those actswhen combined, or for any offence constituted by any one or moreof those acts.

(4) Nothing contained in this section shall affect section 71 ofthe Penal Code.

ILLUSTRATIONS

to subsection (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievoushurt to C, a constable in whose custody B was. A may be charged with andtried for offences under sections 225 and 333 of the Penal Code.


(b) A has in his possession several seals, knowing them to be counterfeit,and intending to use them for the purpose of committing several forgeriespunishable under section 446 of the Penal Code. A may be separately chargedwith and convicted of the possession of each seal under section 473 of thePenal Code.

(c) With intent to cause injury to B, A institutes a criminal proceedingagainst him, knowing that there is no just or lawful ground for such proceeding;and also falsely accuses B of having committed an offence, knowing thatthere is no just or lawful ground for such charge. A may be separatelycharged with and convicted of two offences under section 211 of the PenalCode.

(d) A, with intent to cause injury to B, falsely accuses him of having committedan offence, knowing that there is no just or lawful ground for such charge.On the trial A gives false evidence against B, intending thereby to cause Bto be convicted of a capital offence. A may be separately charged with andconvicted of offences under sections 211 and 194 of the Penal Code.

(e) A, with six others, commits the offence of rioting, grievous hurt, andassaulting a public servant endeavouring, in the discharge of his duty as such,to suppress the riot. A may be separately charged with and convicted ofoffences under sections 145, 325 and 152 of the Penal Code.

(f) A threatens B, C and D at the same time with injury to their persons, withintent to cause alarm to them. A may be separately charged with and convictedof each of the three offences under section 506 of the Penal Code. Theseparate charges referred to in illustrations (a) to (f), respectively, may betried at the same time.

to subsection (2)

(g) A wrongfully strikes B with a cane. A may be separately charged withand convicted of offences under sections 352 and 323 of the Penal Code.

(h) Several stolen sacks of corn are made over to A and B, who know theyare stolen property, for the purpose of concealing them. A and B thereuponvoluntarily assist each other to conceal the sacks at the bottom of a grainpit. A and B may be separately charged with and convicted of offences undersections 411 and 414 of the Penal Code.

(i) A exposes her child with the knowledge that she is thereby likely to causeits death. The child dies in consequence of such exposure. A may be separatelycharged with and convicted of offences under sections 317 and 304 of thePenal Code.

(j) A dishonestly uses a forged document as genuine evidence, in order toconvict B, a public servant, of an offence under section 167 of the PenalCode. A may be separately charged with and convicted of offences undersections 471 (read with 466) and 196 of the Penal Code.

to subsection (3)

(k) A commits robbery on B, and in doing so voluntarily causes hurt to him.A may be separately charged with and convicted of offences under sections323, 392 and 394 of the Penal Code.


Where it is doubtful what offence has been committed

166. If a single act or series of acts is of such a nature that itis doubtful which of several offences the facts which can be provedwill constitute, the accused may be charged with having committedall or any of those offences; and any number of the charges maybe tried at once, or he may be charged in the alternative withhaving committed some one of the said offences.

ILLUSTRATIONS

(a) A is accused of an act which may amount to theft or receiving stolenproperty or criminal breach of trust or cheating. He may be charged withtheft, receiving stolen property, criminal breach of trust, and cheating, or hemay be charged with having committed theft, or receiving stolen property,or criminal breach of trust, or cheating.

(b) A states on oath before the committing Magistrate that he saw B hit Cwith a club. Before the High Court A states on oath that B never hit C. Amay be charged in the alternative and convicted of intentionally giving falseevidence although it cannot be proved which of these contradictory statementswas false.

When a person charged with one offence can be convicted ofanother

167. If in the case mentioned in section 166 the accused is chargedwith one offence and it appears in evidence that he committed adifferent offence for which he might have been charged under theprovisions of that section, he may be convicted of the offencewhich he is shown to have committed although he was not chargedwith it.

ILLUSTRATION

A is charged with theft. It appears that he committed the offence of criminalbreach of trust, or that of receiving stolen goods. He may be convicted ofcriminal breach of trust, or of receiving stolen goods (as the case may be)though he was not charged with such offence.

Person charged with an offence can be convicted of the attempt

168. When the accused is charged with an offence he may beconvicted of having attempted to commit that offence, althoughthe attempt is not separately charged.


When offence proved is included in offence charged

169. (1) When a person is charged with an offence consisting ofseveral particulars, a combination of some only of which constitutesa complete minor offence, and the combination is proved but theremaining particulars are not proved, he may be convicted of theminor offence though he was not charged with it.

(2) When a person is charged with an offence and facts areproved which reduce it to a minor offence, he may be convictedof the minor offence although he is not charged with it.

(3) Nothing in this section shall be deemed to authorize aconviction of any offence referred to in section 131 or 132 of thisCode when no complaint has been made as required by thosesections.

ILLUSTRATIONS

(a) A is charged under section 407 of the Penal Code with criminal breachof trust in respect of property entrusted to him as a carrier. It appears thathe did commit criminal breach of trust under section 406 in respect of theproperty, but that it was not entrusted to him as a carrier. He may beconvicted of criminal breach of trust under section 406.

(b) A is charged under section 325 of the Code with causing grievous hurt.He proves that he acted on grave and sudden provocation. He may be convictedunder section 335 of that Code.

When persons may be charged jointly

170. (1) When more persons than one are accused of the sameoffence or of different offences committed in the same transaction,or when one person is accused of committing an offence andanother of abetment of or attempt to commit the same offence,they may be charged and tried together or separately as the Courtthinks fit, and the provisions contained in the former part of thisChapter shall apply to all the charges.

ILLUSTRATIONS

(a) A and B are accused of the same murder. A and B may be charged andtried together for the murder.

(b) A and B are both charged with a theft, and B is charged with two otherthefts committed by him in the course of the same transaction. A and B maybe both tried together on a charge charging both with the one theft and Balone with the two other thefts.


(c) A and B, being members of opposing factions in a riot, should be chargedand tried separately.

(d) A and B are accused of giving false evidence in the same proceeding.They should be charged and tried separately.

(2) Persons accused of an offence which includes theft, extortion,criminal breach of trust, cheating or criminal misappropriation,and persons accused of receiving or retaining, or assisting in thedisposal or concealment of, property possession of which is allegedto have been transferred by any such offence committed by thefirst named persons, or of abetment of or attempting to commit anysuch last-named offence, may be charged and tried together.

Withdrawal of remaining charges on conviction on one of severalcharges

171. (1) When more charges than one are made against the sameperson and when a conviction has been had on one or more ofthem, the officer conducting the prosecution may, with the consentof the Court, withdraw the remaining charge or charges, or theCourt of its own accord may stay the inquiry into or trial of thecharge or charges.

(2) Such withdrawal or stay shall have the effect of an acquittalon such charge or charges, unless the conviction is set aside, inwhich case the said Court (subject to the order of the Court settingaside the conviction) may proceed with the inquiry into or trial ofthe charge or charges so withdrawn or not proceeded with.

Outstanding offences

171A. (1) Where in any criminal proceedings instituted by or onbehalf of the Public Prosecutor the accused is found guilty of anoffence, the Court, in determining and in passing sentence, may,with the consent of the prosecutor and the accused, take intoconsideration any other outstanding offence or offences which theaccused admits to have committed:

Provided that, if any criminal proceedings are pending in respectof any such outstanding offence or offences and those proceedingswere not instituted by or on behalf of the Public Prosecutor, theCourt shall first be satisfied that the person or authority by whomthose proceedings were instituted consents to that course.


(2) When consent is given as in subsection (1) and an outstandingoffence is taken into consideration, the Court shall enter or causean entry to that effect to be made on the record and upon sentencebeing pronounced the accused shall not, unless the convictionwhich has been had is set aside, be liable to be charged or triedin respect of any such offence so taken into consideration.

Charges to be in forms in Second Schedule

172. (1) All charges upon which persons are tried before the HighCourt shall be brought in the name of the Public Prosecutor, andbe as nearly as possible in accordance with the forms in the SecondSchedule and shall be signed by the Public Prosecutor or by someperson authorized by him in that behalf, and in the latter case thewords “By authority of the Public Prosecutor” shall be prefixedto the signature.

(2) The proceedings shall not abate or determine by reason ofthe death or removal from office of the Public Prosecutor.

CHAPTER XIX

SUMMARY TRIALS BY MAGISTRATES

Procedure in summary trials

173. The following procedure shall be observed by Magistratesin summary trials:

(a) When the accused appears or is brought before the Courta charge containing the particulars of the offence of whichhe is accused shall be framed and read and explained tohim, and he shall be asked whether he is guilty of theoffence charged or claims to be tried.

(b) If the accused pleads guilty to the charge, whether asoriginally framed or as amended, the plea shall be recordedand he may be convicted on it and the Court shall passsentence according to law:

Provided that before a plea of guilty is recorded theCourt shall ascertain that the accused understands thenature and consequences of his plea and intends to admit,without qualification, the offence alleged against him.


(c) If the accused refuses to plead or does not plead orclaims to be tried, the Court shall proceed to take all suchevidence as may be produced in support of theprosecution.

(d) When the Court thinks it necessary it shall obtain fromthe complainant or otherwise the names of any personslikely to be acquainted with the facts of the case and tobe able to give evidence for the prosecution, and shallsummon to give evidence before itself such of them asit thinks necessary.

(e) The accused shall be allowed to cross-examine all thewitnesses for the prosecution.

(f) (i) When the case for the prosecution is concluded theCourt shall consider whether the prosecution hasmade out a prima facie case against theaccused.

(ii) If the Court finds that the prosecution has not madeout a prima facie case against the accused, the Courtshall record an order of acquittal.

(g) Nothing in paragraph (f) shall be deemed to prevent theCourt from discharging the accused at any previous stageof the case if for reasons to be recorded by the Court itconsiders the charge to be groundless.

(h) (i) If the Court finds that a prima facie case has beenmade out against the accused on the offence charged,the Court shall call upon the accused to enter on hisdefence.

(ii) If the Court finds that a prima facie case has beenmade out against the accused on an offence otherthan the offence charged which the Court is competentto try and which in the opinion of the Court it oughtto try, the Court shall amend the charge.

(i) The charge if amended shall be read to the accused asamended and he shall be again asked whether he is guiltyof the offence in the charge as amended.


(j) (i) If the accused pleads guilty to the charge as amended,the plea shall be recorded and he may be convictedon it and the Court shall pass sentence according tolaw:

Provided that before a plea of guilty is recordedthe Court shall ascertain that the accused understandsthe nature and consequences of his plea and intendsto admit, without qualification, the offence allegedagainst him.

(ii) If the accused does not plead guilty to the charge asamended, the accused shall be called upon to enteron his defence.

(iii) When the accused is called upon to enter on hisdefence, he may produce his evidence and shall beallowed to recall and cross-examine any witnesspresent in the Court or its precincts:

Provided that if the accused elects to be calledas a witness, his evidence shall be taken beforethat of other witnesses for the defence:

Provided further that any accused person whoelects to be called as a witness may becross-examined on behalf of any other accusedperson.

(k) If the accused puts in any written statement the Courtshall file it with the record.

(l) (i) If the accused applies to the Court to issue anyprocess for compelling the attendance of any witness(whether he has or has not been previously examinedin the case) for the purpose of examination or cross-examination or the production of any document orother thing, the Court shall issue the process unlessit considers that the application should be refused onthe ground that it is made for the purpose of vexationor delay or for defeating the ends of justice, in whichcase that ground shall be recorded by it in writing.

(ii) The Court may, before summoning any witness onsuch application, require that his reasonable expensesincurred in attending for the purposes of the trial bedeposited in Court.


(m) (i) At the conclusion of the trial, the Court shall considerall the evidence adduced before it and shall decidewhether the prosecution has proved its case beyondreasonable doubt.

(ii) If the Court finds that the prosecution has proved itscase beyond reasonable doubt, the Court shall findthe accused guilty and he may be convicted on it andthe Court shall pass sentence according to law.

(iii) If the Court finds that the prosecution has not provedits case beyond reasonable doubt, the Court shallrecord an order of acquittal.

(n) When the proceedings have been instituted upon thecomplaint of some person upon oath under section 133and upon any day fixed for the hearing of the case thecomplainant is absent and the offence may lawfully becompounded, the Court may, in its discretion,notwithstanding anything hereinbefore contained, dischargethe accused at any time before calling upon him to enterupon his defence.

(o) If the accused does not appear at the time and placementioned in the summons and it appears to the Courtthat the summons was duly served a reasonable timebefore the time appointed for appearing and no sufficientground is shown for an adjournment the Court may eitherproceed ex parte to hear and determine the complaint ormay adjourn the hearing to a future day.

Power to discharge conditionally or unconditionally

173A. (1) Notwithstanding anything contained in section 173, theCourt shall have the powers contained in this section.

(2) When any person is charged before the Court with an offencepunishable by such Court, and the Court finds that the charge isproved, but is of opinion that, having regard to the character,antecedents, age, health or mental condition of the person charged,or to the trivial nature of the offence, or to the extenuatingcircumstances under which the offence was committed, it is


inexpedient to inflict any punishment or any other than a nominalpunishment or that it is expedient to release the offender on probation,the Court may, without proceeding to record a conviction, makean order either—

(a) dismissing the charge or complaint after an admonitionor a caution to the offender as to the Court seems fit; or

(b) discharge the offender conditionally on his entering intoa bond with or without sureties, to be of good behaviourand to appear for the conviction to be recorded and forsentence when called upon at any time during such period,not exceeding three years, as may be specified in theorder.

(3) The Court may, in addition to any such order, order theoffender to pay such compensation for injury or for loss (notexceeding the sum of fifty ringgit) or to pay the costs of theproceedings as the Court thinks reasonable or to pay bothcompensation and costs.

(4) An order under this section shall for the purpose of revestingor restoring stolen property, and of enabling the Court to makesuch order as to the restitution or delivery of property to the ownerand as to the payment of money upon or in connection with therestitution or delivery, have the like effect as a conviction for anoffence committed in respect of such property.

(5) If the Court is satisfied by information on oath that theoffender has failed to observe any of the conditions of his bond,it may issue a warrant for his apprehension.

(6) Any offender when apprehended on any such warrant shall,if not immediately brought before the Court having power tosentence him, be brought before a Magistrate who may—

(a) either remand him by warrant until the time at which heis required by his bond to appear for judgment or untilthe sitting of a Court having power to deal with hisoriginal offence whichever shall first happen; or

(b) admit him to bail with a sufficient surety conditioned onhis appearing for judgment.


(7) The offender when so remanded may be committed to prisonand the warrant of remand shall order that he shall be broughtbefore the Court before which he was bound to appear for judgmentor to answer as to his conduct since his release.

Addresses

174. In summary trials under this Chapter—

(a) the officer conducting the prosecution need not open thecase but may immediately produce his evidence;

(b) when the accused is called upon to enter on his defence,he or his advocate may before producing his evidenceopen his case stating the facts or law on which he intendsto rely and making such comments as he thinks necessaryon the evidence for the prosecution, and if the accusedgives evidence or witnesses are examined on his behalfmay sum up his case; and

(c) the officer conducting the prosecution shall have theright of reply on the whole case when the accused hasadduced evidence.

Power to award compensation

175. (1) If in any case the Court acquits the accused and is ofopinion that the complaint, information or charge was frivolous orvexatious it may, in its discretion, either on the application of theaccused or on its own motion, order the complainant or the personon whose information the complaint or charge was made to payto the accused, or to each or any of the accused where there aremore than one, such compensation, not exceeding twenty-five ringgit,as the Court thinks fit:

Provided that the Court—

(a) shall record and consider any objections which thecomplainant or informant may urge against the makingof the order; and

(b) shall record its reasons for making the order.

(2) (Omitted).


(3) At the time of awarding compensation in any subsequentcivil suit relating to the same matter the Court shall take intoaccount any sum paid or recovered as compensation under thissubsection upon proof of the same.

Particulars to be recorded

176. (1) In proceedings under this Chapter the Court shall keepa record of the particulars of each case by using and completingor causing to be completed a charge sheet in accordance with suchforms as the Chief Judge may direct and, where all necessaryparticulars cannot conveniently be entered on any such form, byannexing to it any requisite number of continuation sheets.

(2) The particulars to be incorporated in the record shall include:

(a) the name of the Court and the serial number of the case;

(b) the name and, where female, the sex of the accused;

(c) the address of the accused;

(d) the charge;

(e) the return date of the summons, if any;

(f) the date of issue of the summons or warrant, if any;

(g) the name and address of the complainant, if any, the dateof the complaint and the value of any property involved;

(h) the date of arrest;

(i) the date of first appearance before the Court;

(j) the nationality of the accused;

(k) the age of the accused;

(l) the particulars of any bail or bond offered or taken eitherthrough the police or the Court;

(m) the plea of the accused;

(n) the name and title of the officer or name of the advocateconducting the prosecution and the name of the advocate,if any, appearing for the accused;


(o) the date of each adjournment or postponement and thedate to which the adjournment or postponement was madeand the grounds for making the same;

(p) the Court’s note of the evidence, if any;

(q) findings;

(r) the Court’s note on previous convictions, evidence ofcharacter, and plea in mitigation, if any;

(s) the sentence or other final order;

(t) the judgment, if written;

(u) the date on which the proceedings terminated;

(v) the particulars of any remand warrant, fine receipt andwarrant of commitment,

and, in the event of an appeal being lodged,

(w) the dates of the notice of appeal, of any request for notesof evidence, of any notice that the notes of evidence canbe had on payment, of the service of the Court’s groundsof decision, and of the transmission of the record to theHigh Court;

(x) if the judgment was oral, the ground of decision;

(y) the High Court’s serial number of the appeal;

(z) the result of the appeal and the date on which the Courtwas informed of it.

(3) The record shall be authenticated by the signature of thepresiding officer of the Court, and shall be filed in such manneras the Chief Judge may direct.

Transfer of cases

177. In any trial before a Magistrate in which it appears at anystage of the proceedings that from any cause the case is one whichin the opinion of the Magistrate ought to be tried by some Courtof higher jurisdiction than his own, or if before or during the trialapplication is made by the Public Prosecutor, the Magistrate shallstay proceedings and transfer the case to a higher Court.


Transmission of case to, and trial by, the High Court

177A. (1) A prosecution in respect of an offence which is to betried by the High Court in accordance with Chapter XX, shall notbe instituted except by or with the consent of the PublicProsecutor:

Provided that a person may be arrested, or a warrant for hisarrest may be issued and executed, and any such person may beremanded in custody notwithstanding that the consent of the PublicProsecutor to the institution of a prosecution for the offence hasnot been obtained, but the case shall not be further prosecuted untilthe consent has been obtained.

(2) In any prosecution pursuant to subsection (1), the accusedshall be produced before the Magistrate’s Court which shall, afterthe charge has been explained to him, transmit the case to the HighCourt and cause the accused to appear or be brought before thatCourt as soon as may be practicable:

Provided that when the accused is brought before the Magistrate’sCourt before the Public Prosecutor has consented to the prosecution,the charge shall be explained to him but he shall not be called uponto plead thereto.

(3) When the accused appears or is brought before the HighCourt in accordance with subsection (2), the High Court shall fixa date for his trial which shall be held in accordance with theprocedure under Chapter XX.

CHAPTER XX

TRIALS BEFORE THE HIGH COURT

Commencement of trial

178. (1) When the Court is ready to commence the trial, theaccused shall appear or be brought before it and the charge shallbe read and explained to him and he shall be asked whether he isguilty of the offence charged or claims to be tried.


(2) If the accused pleads guilty the plea shall be recorded, andhe may be convicted on it:

Provided that before a plea of guilty is recorded the Court shallascertain that the accused understands the nature and consequencesof his plea and intends to admit, without qualification, the offencealleged against him.

(3) If the accused refuses to plead or does not plead, or if heclaims to be tried, the Court shall proceed to try the case.

Opening case for prosecution

179. (1) The officer conducting the prosecution shall open hiscase by stating shortly the nature of the offence charged and theevidence by which he proposes to prove the guilt of the accused.

(2) He shall then examine his witnesses, who may in turn becross-examined for the defence and, if necessary, re-examined.

Procedure after conclusion of case for prosecution

180. (1) When the case for the prosecution is concluded, theCourt shall consider whether the prosecution has made out a primafacie case against the accused.

(2) If the Court finds that the prosecution has not made out aprima facie case against the accused, the Court shall record anorder of acquittal.

(3) If the Court finds that a prima facie case has been made outagainst the accused on the offence charged the Court shall callupon the accused to enter on his defence.

Defence

181. (1) When the accused is called upon to enter on his defencehe or his advocate may then open his case, stating the facts or lawon which he intends to rely and making such comments as he


thinks necessary on the evidence for the prosecution. He may thenexamine his witnesses, if any, and after their cross-examinationand re-examination, if any, may sum up his case:

Provided always that if any accused person elects to be calledas a witness, his evidence shall be taken before that of otherwitnesses for the defence:

Provided also that any accused person who elects to be calledas a witness may be cross-examined on behalf of any other accusedperson.

(2) The accused shall be allowed to examine any witness notpreviously named by him under the provisions of this Code if thatwitness is in attendance.

Reply

182. In all cases the officer conducting the prosecution shallhave the right to reply on the whole case, whether the accusedadduces evidence or not.

Procedure at the conclusion of the trial

182A. (1) At the conclusion of the trial, the Court shall considerall the evidence adduced before it and shall decide whether theprosecution has proved its case beyond reasonable doubt.

(2) If the Court finds that the prosecution has proved its casebeyond reasonable doubt, the Court shall find the accused guiltyand he may be convicted on it.

(3) If the Court finds that the prosecution has not proved itscase beyond reasonable doubt, the Court shall record an order ofacquittal.

Sentence

183. If the accused is convicted, the Court shall pass sentenceaccording to law.


Chapter XXI

TRIALS BEFORE THE HIGH COURT WITH THEAID OF ASSESSORS

183A–199. (Deleted by Act A908).

Chapter XXII

TRIALS BY JURY BEFORE THE HIGH COURT

199A-235. (Deleted by Act A908).

Chapter XXIII

JURORS AND ASSESSORS

235A–251. (Deleted by Act A908).

Chapter XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

252–252A. (Deleted by Act A908).

Procedure where there are previous convictions

253. Where the accused charged with an offence committed aftera previous conviction for any offence the procedure hereinbeforelaid down shall be modified as follows:

(a) the part of the charge stating the previous convictionshall not be read out in Court, nor shall the accused beasked whether he has been previously convicted as allegedin the charge unless and until he has either pleaded guiltyto or been convicted of the subsequent offence;

(b) if he pleads guilty to or is convicted of the subsequentoffence, he shall then be asked whether he has beenpreviously convicted as alleged in the charge;

(c) if he answers that he has been so previously convictedthe Court may proceed to pass sentence on him accordingly,but if he denies that he has been so previously convictedor refuses to or does not answer such question the Courtshall inquire concerning such previous conviction.


Public Prosecutor may decline to prosecute further at anystage

254. (1) At any stage of any trial, before the delivery of judgment,the Public Prosecutor may, if he thinks fit, inform the Court thathe will not further prosecute the accused upon the charge andthereupon all proceedings on the charge against the accused shallbe stayed and the accused shall be discharged of and from thesame.

(2) At any stage of any trial before a Sessions Court or aMagistrates Court before the delivery of judgment, the officerconducting the prosecution may, if he thinks fit, inform the Courtthat he does not propose further to prosecute the accused upon thecharge, and thereupon all proceedings on the charge against theaccused may be stayed by leave of the Court and, if so stayed, theaccused shall be discharged of and from the same.

(3) Such discharge shall not amount to an acquittal unless theCourt so directs.

Right of accused to be defended

255. Subject to any express provision of law to the contrary,every person accused before any Criminal Court may of right bedefended by an advocate.

Court may put questions to accused

256. (1) For the purpose of enabling the accused to explain anycircumstances appearing in the evidence against him, the Courtmay at any stage of a trial, without previously warning the accused,put such questions to him as the Court considers necessary.

(2) For the purpose of this section the accused shall not besworn and he shall not render himself liable to punishment byrefusing to answer the questions or by giving false answers tothem, but the Court may draw such inference from the refusal oranswers as it thinks just.

(3) The answers given by the accused may be taken intoconsideration in the trial and put in evidence for or against himin any other trial for any other offence which those answers maytend to show he has committed.


(4) The examination of the accused shall be for the purpose ofenabling him to explain any circumstances appearing in evidenceagainst him and shall not be a general examination on whateversuggests itself to the Court.

(5) The discretion given by this section for questioning a prisonershall not be exercised for the purpose of inducing him to makestatements criminatory of himself.

(6) It shall only be exercised for the purpose of ascertainingfrom a prisoner how he may be able to meet facts disclosed inevidence against him so that those facts may not stand against himunexplained.

(7) Questions shall not be put to the prisoner merely to supplementthe case for the prosecution when it is defective.

(8) Whenever the accused is examined under this section byany Court other than the High Court the whole of the examinationincluding every question put to him and every answer given byhim shall be recorded in full in English, and the record shall beshown or read to him or, if he does not understand the Englishlanguage, shall be interpreted to him in a language which heunderstands, and he shall be at liberty to explain or add to hisanswers.

(9) When the whole has been made conformable to what theaccused declares to be the truth the record shall be signed by thepresiding Magistrate.

Case for prosecution to be explained by Court to undefendedaccused

257. (1) At every trial before the Court of a Magistrate if andwhen the Court calls upon the accused for his defence it shall,if he is not represented by an advocate, inform him of his rightto give evidence on his own behalf, and if he elects to give evidenceon his own behalf shall call his attention to the principal pointsin the evidence for the prosecution which tell against him in orderthat he may have an opportunity of explaining them.

(2) The failure at any trial of any accused to give evidenceshall not be made the subject of adverse criticism by the prosecution.


Procedure where accused does not understand proceedings

258. If the accused, though not insane, cannot be made to understandthe proceedings the Court may proceed with the trial and, in thecase of the Court of a Magistrate if the trial results in a conviction,the proceedings shall be forwarded to the High Court with a reportof the circumstances of the case, and the Court of a Judge shallmake therein such order or pass such sentence as it thinks fit.

Power to postpone or adjourn proceedings

259. (1) If, from the absence of a witness or any other reasonablecause, it becomes necessary or advisable to postpone thecommencement of or adjourn any inquiry or trial the Court may,by order in writing, from time to time, postpone or adjourn thesame on such terms as it thinks fit for such time as it considersreasonable and may, by warrant, remand the accused if in custody:

Provided that no Magistrate shall remand an accused personto custody under this section for a term exceeding eight days ata time:

Provided further that where a Government Medical Officer hascertified that the complainant will not be able to give evidencebefore a certain date the accused may be remanded until suchdate notwithstanding that the term of remand may exceed eightdays.

(2) Every order made under this section by the Court of aMagistrate shall be in writing, signed by the presiding Magistrate,and shall state the reasons for it.

Explanation—If sufficient evidence has been obtained to raise a suspicionthat the accused may have committed an offence and it appears likely thatfurther evidence may be obtained by a remand, this is a reasonable causefor a remand.

Compounding offences

260. (1) The offences punishable under the Penal Code describedin the first two columns of Part A may, when no prosecution forsuch offence is actually pending, be compounded by the personmentioned in the third column of Part A; or when a prosecutionfor such offence is actually pending, be compounded by the personwith the consent of the Court before which the case is pending.


(2) The offences punishable under the Penal Code describedin Part B may, with the consent of the Court before which thecase is pending, be compounded by the person to whom the hurthas been caused.

(3) When any offence is compoundable under this section theabetment of the offence or an attempt to commit the offence (whenthe attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent tocompound an offence under this section is not competent to contractany person competent to contract on his behalf may compoundthe offence.

(5) The composition of an offence under this section shall havethe effect of an acquittal of the accused.

(6) No offence under the Penal Code not mentioned in thissection shall be compounded.

PART A

Offence Section of Penal Person by whomCode applicable offence may be

compounded

Uttering words, etc., with 298 The person whosedeliberate intent to wound religious feelings arethe religious feeling of intended to beany person wounded

Causing hurt … … … 323, 334 The person to whomthe hurt is caused

Wrongfully restraining 341, 342 The person restrainedor confining any person or confined

Assault or use of 352, 355, 358 The person assaultedcriminal force or to whom criminal

force is used

Unlawful compulsory 374 The person compelledlabour to labour

Mischief when the only 426, 427 The person to whomloss or damage caused is the loss or damage isloss or damage to a causedprivate person


Criminal trespass … … 447 The person inpossession of theproperty trespassedupon

House-trespass … … 448 The person inpossession of theproperty trespassedupon

Criminal breach of contract 491 The person with whomof service the offender has

contracted

Enticing or taking away or 498 The husband of thedetaining with a criminal womanintent a married woman

Defamation … … 500 The person defamed

Printing or engraving matter 501 ”knowing it to be defamatory

Sale of printed or engraved 502 ”substance containingdefamatory matter knowingit to contain such matter

Insult intended to provoke a 504 The person insultedBreach of the peace

PART B

Offence Section of thePenal Codeapplicable

Voluntarily causing grievous hurt … … … … 325

Voluntarily causing grievous hurt on sudden 335provocation

Causing hurt by an act which endangers life … 337

Causing grievous hurt by an act which endangers life 338

Offence Section of Penal Person by whomCode applicable offence may be

compounded


Change of Magistrate during hearing

261. Whenever any Magistrate after having heard and recordedthe whole or any part of the evidence in a trial ceases to exercisejurisdiction in it and is succeeded by another Magistrate who hasand who exercises such jurisdiction, the Magistrate so succeedingmay act on the evidence so recorded by his predecessor, or partlyrecorded by his predecessor and partly recorded by himself, orhe may re-summon the witnesses and recommence the inquiry ortrial:

Provided as follows:

(a) in any trial the accused may, when the second Magistratecommences his proceedings, demand that the witnessesor any of them be re-summoned and re-heard;

(b) the High Court may, whether there be an appeal or not,set aside any conviction had on evidence not whollyrecorded by the Magistrate before whom the convictionwas had, if that Court is of opinion that the accused hasbeen materially prejudiced thereby, and may order a newtrial.

Detention of offenders attending in Court

262. (1) Any person attending a Criminal Court, although notunder arrest or upon a summons, may be detained by that Courtfor the purpose of examination for any offence of which that Courtcan take cognizance and which, from the evidence, he may appearto have committed, and may be proceeded against as though hehad been arrested or summoned.

(2) When the detention takes place after a trial has been begun,the proceedings in respect of that person shall be commencedafresh and the witnesses re-heard.

Weekly or public holiday

263. No proceeding of any Criminal Court shall be invalid byreason of its happening on a weekly holiday or public holiday.


CHAPTER XXV

MODE OF TAKING AND RECORDING EVIDENCE ININQUIRIES AND TRIALS

Evidence to be taken in presence of accused

264. Except as otherwise expressly provided all evidence takenunder Chapters XIX and XX shall be taken in the presence of theaccused or, when his personal attendance is dispensed with, in thepresence of his advocate.

Manner of recording evidence

265. In inquiries and trials under this Code by or before a Magistratethe evidence of the witnesses shall be recorded in the mannerprovided by this Chapter.

Recording evidence in summons cases

266. (1) In summons cases tried before a Magistrate, the Magistrateshall, as the examination of each witness proceeds, make a noteof the substance of what the witness deposes, and such note shallbe written by the Magistrate with his own hand in legible handwritingand shall form part of the record.

(2) If the Magistrate is prevented from making a note as requiredin subsection (1) he shall record the reason of his inability to doso and shall cause such note to be made in writing from hisdictation in open court and shall sign the same, and such note shallform part of the record.

Recording evidence in other cases

267. In all other trials before a Magistrate’s Court, and in allinquiries under Chapter XI, the evidence of each witness shall betaken down in legible handwriting by the presiding Magistrate andshall form part of the record.

Record to be in narrative form

268. (1) Evidence taken under section 267 shall not ordinarily betaken down in the form of question and answer, but in the formof a narrative.


(2) The presiding Magistrate may, in his discretion, take downany particular question and answer.

Reading over evidence and correction

269. (1) The evidence of each witness taken in inquiries underChapter XI shall be read over to him in the presence and hearingof the accused, if in attendance, or of his advocate, if he appearsby advocate, and shall if necessary be corrected.

(2) If the witness denies the correctness of any part of theevidence when the same is read over to him the presiding Magistratemay, instead of correcting the evidence, make a memorandum onit of the objection made to it by the witness, and shall add suchremarks as he thinks necessary.

(3) The evidence so taken down shall be interpreted to thewitness, if necessary, in the language in which it was given or ina language which he understands.

(4) When the evidence has been read over to the witness andevery correction, if any, asked for by him has been made or notedthe witness shall subscribe the deposition with his signature, andin the event of his refusing to do so the Magistrate shall recordsuch refusal.

(5) When a deposition has been read over to a witness andacknowledged to be correct the Magistrate shall append to theevidence of the witness a certificate signed with his signature orinitials to the following effect:

“Read over (and interpreted) to the witness in the presenceand hearing of the accused and admitted by the witness to becorrect.”.

(6) The absence of such a certificate in a deposition shall notbe a bar to the deposition being received as evidence in any casein which it is desired to tender the deposition in evidence if it isproved by other evidence that the other requirements of this sectionwere in fact complied with.


Interpretation of evidence to accused

270. (1) Whenever any evidence is given in a language notunderstood by the accused, and he is present in person, it shall beinterpreted to him in open court in a language which he understands.

(2) When documents are put in for the purpose of formal proofit shall be in the discretion of the Court to interpret as much ofit as appears necessary.

Remarks as to demeanour of witness

271. A presiding Magistrate recording the evidence of a witnessmay, at the conclusion of the evidence and at the foot of the notesof it, record such remarks, if any, as he thinks material respectingthe demeanour of the witness while under examination.

Judge to take notes of evidence

272. In all criminal cases tried before the High Court the Judgeshall take down in writing notes of the evidence adduced.

Other persons may be authorized to take down notes of evidence

272A. Nothing in this Chapter shall prevent a Judge or Magistratein an inquiry or trial causing verbatim notes to be taken by anotherperson of what each witness deposes in addition to any note of asubstance of it which may be made or taken by the Judge orMagistrate himself; and such note shall form part of the record.

CHAPTER XXVI

JUDGMENT

Mode of delivering judgment

273. The judgment in every trial in any Criminal Court of originaljurisdiction shall be pronounced in open court, either immediatelyor at some subsequent time of which due notice shall be given tothe parties or their advocates, and the accused shall, if in custody,be brought up or, if not in custody, shall be required to attend to


hear judgment delivered, except where his personal attendanceduring the trial has been dispensed with and the sentence is oneof fine only.

274. (Deleted by F.M. No. 1 of 1948).

Sentence of death not to be passed on pregnant woman

275. Where a woman convicted of an offence punishable withdeath is alleged to be pregnant, or where the Court before whoma woman is so convicted thinks fit, the Court shall direct one ormore medical practitioners to be sworn to examine that woman insome private place and to enquire whether she is pregnant or not,and if upon the report of any of them it appears that she is pregnantthe sentence to be passed upon her shall be a sentence of imprisonmentfor *life instead of sentence of death.

Judgment in the alternative

276. When a conviction is under the Penal Code and it is doubtfulunder which of two sections or under which of two parts of thesame section of that Code the offence falls, the Court shall stateaccordingly and pass judgment in the alternative.

Judgment of death

277. When any person is sentenced to death the sentence shalldirect that he be hanged by the neck till he is dead, but shall notstate the place where nor the time when the sentence is to becarried out.

Judgment not to be altered

278. No Court, other than a High Court, having once recordedits judgment, shall alter or review the same:

Provided that a clerical error may be rectified at any time,and that any other mistake may be rectified at any time before theCourt rises for the day.

*NOTE—A sentence of imprisonment for life shall be deemed for all purposes to be a sentenceof imprisonment for twenty years–see section 3 of the Criminal Justice Act 1953 [Act 345].


Judgment to be explained to accused and copy supplied

279. The judgment shall be explained to the accused and on hisapplication a copy of the judgment or, when he so desires, atranslation in his own language, if practicable, shall be given tohim without delay. Such copy shall, in any case other than asummons case, be given free of cost.

Judgment to be filed with record

280. The original judgment shall be entered on and if writtenfiled with the record of proceedings.

CHAPTER XXVII

SENTENCES AND THE CARRYING OUT OF IT

Provisions as to execution of sentences of death

281. With regard to sentences of death the following provisionsshall be followed:

(a) after sentence has been pronounced a warrant, under theseal of the Court, shall be made out for the commitmentof the person sentenced to the custody of the officer incharge of the district prison, and the warrant shall befull authority to the said officer, or any officer appointedby him for that purpose, for receiving into his custodyand detaining the person so sentenced until the furtherwarrant or order of the Court;

(b) (i) in cases in which notice of appeal is not given withinthe prescribed period, the Judge passing sentence ofdeath shall, as soon as conveniently may be aftersuch period has elapsed, forward to the Menteri Besarof the State in which the crime was committed, acopy of the notes of evidence taken on the trial,together with a report in writing signed by him,setting out his opinion whether there are any reasons,and, if any, what reasons there are, why the sentenceof death should or should not be carried out;


(ii) in cases in which notice of appeal is given the Judgewho passed sentence of death shall, as soon asconveniently may be after the appeal has beendetermined by the Court of Appeal, forward to theFederal Court the report in writing referred to insubparagraph (i); and, if the Federal Court dismissesthe appeal made to it, the Judge presiding in thatCourt shall as soon as conveniently may be after thedismissal forward to the aforesaid Menteri Besar,the said report in writing together with a copy of thenotes of evidence taken at the original trial, a copyof the record of the proceedings before the FederalCourt and also such report, if any, on the case as theFederal Court may think fit to make signed by theJudge presiding in the Federal Court;

(c) the Menteri Besar shall, upon receipt of the proceedings,submit the same to the Ruler of the State and shallcommunicate to the Court of the Judge passing sentencea copy under his hand and seal of any order the Rulerof the State may, acting in accordance with Article 42of the Constitution, make thereon, which order, if thesentence is to be carried out, shall state the place wherethe execution is to be held, and if the sentence is commutedinto any other punishment shall so state; and if theperson sentenced is pardoned shall so state;

(d) (i) on receiving the copy of the said order the Courtshall cause the effect of the same to be entered inthe records of the Court, and when the said orderdirects the sentence to be carried out shall appointthe time when it is to be carried out and shall endorsethe time so appointed on the said order, and shall inall cases cause the order to be carried into effect byissuing a warrant or taking such other steps as maybe necessary;

(ii) the Ruler of the State acting in accordance withArticle 42 of the Constitution may order a respite ofthe execution of the warrant and afterwards appointsome other time or other place for its execution;

(iii) the warrant shall be directed to the officer in chargeof the prison for the district where the sentence isto be carried into effect, who shall carry the sentenceinto effect, in accordance with law;


(e) (i) there shall be present at the execution of the sentencethe Medical Officer in charge of the prison, theSuperintendent of Prisons, the Officer-in-Charge ofthe prison and such other officers of the prison asthe latter may require, and there may also be presentany Minister of Religion in attendance at the prisonand such relations of the prisoner or other personsas the Superintendent thinks proper to admit;

(ii) as soon as may be after judgment of death has beenexecuted the Medical Officer shall examine the bodyof the person executed and shall ascertain the factof death and shall sign a certificate thereof and deliverthe same to the Officer-in-Charge;

(iii) a Magistrate of the district shall, within twentyfourhours after the execution, hold an inquiry and satisfyhimself of the identity of the body and whetherjudgment of death was duly executed thereon, andhe shall make a report of it to the Menteri Besar ofthe State;

(f) when a sentence of death is avoided by the escape ofthe person sentenced to death execution of the sentenceshall be carried into effect at such other time after hisrecapture as the Court shall order;

(g) no omission or error as to time and place and no defectin form in any order or warrant given under this sectionand no omission to comply with the provisions ofparagraph (e) shall be held to render illegal any executioncarried into effect under the order or warrant, or intendedso to have been carried into effect, or shall render anyexecution illegal which would otherwise have been legal.

Provisions as to execution of sentences of imprisonment

282. With regard to sentences of imprisonment the followingprovisions shall be followed:

(a) where the accused is sentenced to imprisonment theCourt passing the sentence shall immediately forwarda warrant to the prison in which he is to be confinedand, unless the accused is already confined in that prison,shall forward him in the custody of the police to thatprison with the warrant;


(b) every warrant for the execution of a sentence ofimprisonment shall be directed to the officer in chargeof the prison or other place in which the prisoner is oris to be confined;

(c) when the prisoner is to be confined in a prison thewarrant shall be lodged with the officer in charge of theprison;

(d) every sentence of imprisonment shall take effect fromthe date on which it was passed unless the Court passingthe sentence otherwise directs.

Provisions as to sentences of fine

283. (1) Where any fine is imposed under the authority of anylaw for the time being in force, then, in the absence of any expressprovision relating to the fine in such law contained, the followingprovisions shall apply—

(a) where no sum is expressed to which the fine may extendthe amount to which the offender is liable is unlimited,but shall not be excessive;

(b) in every case of an offence in which the offender issentenced to pay a fine the Court passing the sentencemay, in its discretion, do all or any of the followingthings:

(i) allow time for the payment of the fine;

(ii) direct payment of the fine to be made by instalments;

(iii) issue a warrant for the levy of the amount bydistress and sale of any property belonging to theoffender;

(iv) direct that in default of payment of the fine theoffender shall suffer imprisonment for a certainterm, which imprisonment shall be in excess ofany other imprisonment to which he may besentenced or to which he may be liable under acommutation of sentence:

Provided that where time is not allowed for thepayment of a fine an order for imprisonment indefault of payment shall not be issued in the firstinstance unless it appears to the Court that theperson has no property or insufficient property tosatisfy the fine payable or that the levy of distresswill be more injurious to him or his family thanimprisonment;


(v) direct that the person to be searched and that anymoney found on him when so searched or which,in the event of his being committed to prison, maybe found on him when taken to prison, shall beapplied towards the payment of such fine, thesurplus, if any, being returned to him:

Provided that the money shall not be so appliedif the Court is satisfied that the money does notbelong to the person on whom it was found or thatthe loss of the money will be more injurious tohim than his imprisonment;

(c) the period for which the Court directs the offender tobe imprisoned in default of payment of fine shall notexceed the following scale—

(i) if the offence is punishable with imprisonment:

Where the maximum term The period shall notof imprisonment— exceed—

does not exceed six months the maximum term ofimprisonment

exceeds six months but six monthsdoes not exceed twoyears

exceed two years One quarter of themaximumterm of imprisonment

(ii) if the offence is not punishable with imprisonment:

Where the fine— The period shall not

exceed—

does not exceed twenty- two monthsfive ringgit

exceeding twenty-five four monthsringgit but does notexceed fifty ringgit

exceeds fifty ringgit six months;

(d) (Omitted);


(e) the imprisonment which is imposed in default of paymentof a fine shall terminate whenever that fine is eitherpaid or levied by process of law;

(f) if, before the expiration of the time of imprisonmentfixed in default of payment, such a proportion of thefine is paid or levied that the time of imprisonmentsuffered in default of payment is not less than proportionalto the part of the fine still unpaid, the imprisonmentshall terminate;

(g) the fine, or any part thereof which remains unpaid, maybe levied at any time within six years after the passingof the sentence, and if under the sentence the offenderis liable to imprisonment for a longer period than sixyears then at any time previous to the expiration of thatperiod, and the death of the offender does not dischargefrom the liability any property which would after hisdeath be legally liable for his debts.

(2) A warrant for the levy of a fine may be executed at anyplace in Malaysia, but if it is required to be executed outside theState in which it is issued it shall be endorsed for that purpose bya Judge or by a First Class Magistrate having jurisdiction in theState in which it is to be executed.

Suspension of execution in certain cases

284. When an offender has been sentenced to fine only and toimprisonment in default of payment of the fine and the Courtissues a warrant under section 283, it may suspend the executionof the sentence of imprisonment and may release the offender onhis executing a bond, with or without sureties as the Court thinksfit, conditioned for his appearance before that Court on the dayappointed for the return to the warrant, such day not being morethan fifteen days from the time of executing the bond; and in theevent of the fine not having been realised the Court may direct thesentence of imprisonment to be carried into execution at once.

Warrant by whom issuable

285. Every warrant for the execution of any sentence may beissued either by the Judge or Magistrate who passed the sentenceor by his successor or other Judge or Magistrate acting in hisplace.


Place for executing sentence of whipping

286. When the accused is sentenced to whipping only the sentenceshall be executed at such place and time as the Court may direct.

Time of executing such sentence

287. (1) When the accused is sentenced to whipping in additionto imprisonment the whipping shall not be inflicted until after theexpiration of seven days from the date of the sentence or, if theimprisonment extends to fourteen days until after the expirationof fourteen days from the date of the sentence, or if an appeal ismade within that time until the sentence is confirmed by the appellatecourt.

(2) The whipping shall be inflicted as soon as practicable afterthe expiration of the seven days or the fourteen days, as the casemay be, or in case of an appeal as soon as practicable after thereceipt of the order of the appellate court confirming the sentence.

Mode of executing such sentence

288. (1) When the accused is sentenced to whipping the numberof strokes shall be specified in the sentence. In no case shall thewhipping exceed twenty-four strokes in the case of an adult or tenstrokes in the case of a youthful offender, anything in any writtenlaw to the contrary notwithstanding.

(2) Whipping shall be inflicted on such part of the person asthe Minister charged with responsibility for public order from timeto time generally directs.

(3) The rattan used for whipping shall be not more than half aninch in diameter.

(4) In the case of an accused sentenced to whipping for anoffence under section 403, 404, 406, 407, 408, 409 or 420 of thePenal Code, or a youthful offender, whipping shall be inflicted inthe way of school discipline with a light rattan.

(5) When a person is convicted at one trial of any two or moredistinct offences any two or more of which are legally punishableby whipping, the combined sentences of whipping awarded by theCourt for any such offences shall not, anything in any written law


to the contrary notwithstanding, exceed a total number of twentyfour strokes in the case of adults and ten strokes in the case ofyouthful offenders.

Sentence of whipping forbidden in certain cases

289. No sentence of whipping shall be executed by instalments,and none of the following persons shall be punishable with whipping:

(a) females;

(b) males sentenced to death;

(c) males whom the Court considers to be more than fiftyyears of age.

Medical Officer’s certificate required

290. (1) The punishment of whipping shall not be inflicted unlessa Medical Officer is present and certifies that the offender is ina fit state of health to undergo such punishment.

(2) If, during the execution of a sentence of whipping, a MedicalOfficer certifies that the offender is not in a fit state of health toundergo the remainder of the sentence the whipping shall be finallystopped.

(3) Where whipping is inflicted under section 293 a MedicalOfficer need not be present, but such whipping shall not be inflictedunless it appears to the Court that the offender is in a fit state ofhealth to undergo the same.

Procedure if whipping cannot be inflicted

291. (1) In any case in which under section 290 a sentence ofwhipping is wholly or partially prevented from being executed theoffender shall be kept in custody till the Court which passed thesentence can revise it, and the said Court may in its discretioneither remit the sentence or sentence the offender instead of whipping,or instead of so much of the sentence of whipping as was notexecuted, to imprisonment for a term which may extend to twelvemonths, which may be in addition to any other punishment towhich he has been sentenced for the same offence.

(2) Nothing in this section shall be deemed to authorize anyCourt to inflict imprisonment for a term exceeding that to whichthe accused is liable by law or which the said Court is competentto inflict.


Commencement of sentence of imprisonment on prisoner alreadyundergoing imprisonment

292. (1) When a person who is an escaped convict or is undergoinga sentence of imprisonment is sentenced to imprisonment, suchimprisonment shall commence either immediately or at the expirationof the imprisonment to which he has been previously sentenced,as the Court awarding the sentence may direct.

(2) A sentence of death shall be executed notwithstanding thependency of any sentence of imprisonment.

(3) Nothing in subsection (1) shall be held to excuse any personfrom any part of the punishment to which he is liable upon hisformer or subsequent conviction.

Youthful offenders

293. (1) When any youthful offender is convicted before anyCriminal Court of any offence punishable by fine or imprisonment,the Court may, instead of awarding any term of imprisonment indefault of payment of the fine or passing a sentence of imprisonment—

(a) order the offender to be discharged after due admonitionif the Court shall think fit;

(b) order the offender to be delivered to his parent or to hisguardian or nearest adult relative or to such other personas the Court shall designate on such parent, guardian,relative or other person executing a bond with or withoutsurety or sureties, as the Court may require, that he willbe responsible for the good behaviour of the offender forany period not exceeding twelve months or withoutrequiring any person to enter into any bond make anorder in respect of the offender ordering him to be ofgood behaviour for any period not exceeding two yearsand containing any directions to that offender in thenature of the conditions referred to in paragraphs 294A(a),(b) and (c) which the Court shall think fit to give;

(c) order the offender, if a male, to be whipped with notmore than ten strokes of a light cane or rattan within theCourt premises and in the presence, if he desires to bepresent, of the parent or guardian of that offender; or


(d) deal with the offender in the manner provided by theJuvenile Courts Act 1947 [Act 90].

(2) The Court before which a youthful offender is convictedmay, in addition to or instead of punishing the offender in themanner provided in this section, inflict on his parent or guardiana fine not exceeding twenty ringgit in any case in which the Court,after summary enquiry, is satisfied that such parent or guardianhas, by neglecting to take proper care or otherwise, conduced tothe misconduct of that offender:

Provided that no parent or guardian shall be fine without hishaving had an opportunity of being heard and (if he desires it) ofadducing evidence in his defence.

(3) When any order has been made under paragraph (1)(b) andthe Court has reason to believe that the behaviour of the offenderduring the period specified in the order is not good or that theoffender has not complied with any direction included in the orderthe Court may issue a notice addressed to the offender and to theparent, guardian, relative or other person to whom the offender hasbeen delivered or under whose supervision the offender has beenordered to remain to show cause why that offender should not bedealt with under paragraph (1)(d) and if cause is not shown to thesatisfaction of the Court, the Court may cancel the order madeunder the said paragraph (1)(b) and substitute for it as from thedate of the cancellation an order under the Juvenile Courts Act1947, and may if necessary issue a warrant for the apprehensionof that offender so that effect may be given to the order.

First offenders

294. (1) When any person not being a youthful offender has beenconvicted of any offence punishable with imprisonment before anyCourt if it appears to the Court that regard being had to the character,antecedents, age, health or mental condition of the offender or tothe trivial nature of the offence or to any extenuating circumstancesunder which the offence was committed it is expedient that theoffender be released on probation of good conduct, the Court may,instead of sentencing him at once to any punishment, direct thathe be released on his entering into a bond with or without suretiesand during such period as the Court may direct to appear andreceive judgment if and when called upon and in the meantime tokeep the peace and be of good behaviour.


(2) The Court may, if it thinks fit, direct that the offender shallpay the costs of the prosecution or some portion of the same withinthat period and by such instalment as may be directed by theCourt.

Section 432 shall be applicable to any direction made under thissubsection.

(3) If a Court having power to deal with the offender in respectof his original offence, or any Court of summary jurisdiction, issatisfied by information on oath that the offender has failed toobserve any of the conditions of his bond, it may issue a warrantfor his apprehension.

(4) Any offender when apprehended on any such warrant shall,if not immediately brought before the Court having power tosentence him, be brought before a Magistrate, and the Magistratemay either remand him by warrant until the time at which he isrequired by his bond to appear for judgment or until the sitting ofa Court having power to deal with his original offence, or mayadmit him to bail with a sufficient surety conditioned on his appearingfor judgment.

(5) The offender, when so remanded, may be committed toprison and the warrant of remand shall order that he be broughtbefore the Court before which he was bound to appear for judgmentor to answer as to his conduct since his release.

Conditions of bonds

294A. When any person is required by any Court to execute abond with or without sureties and in such bond the person executingit binds himself to keep the peace or binds himself to be of goodbehaviour the Court may require that there be included in the bondone or more of the following conditions namely:

(a) a condition that the person shall remain under thesupervision of some other person named in the bondduring such period as may be specified in it;

(b) such conditions for securing the supervision as the Courtmay think it desirable to impose;


(c) such conditions with respect to residence, employment,associations, abstention from intoxicating liquors or withrespect to any other matter whatsoever as the Court maythink it desirable to impose.

Sentence of police supervision

295. (1) When a person having previously been convicted of anoffence punishable with imprisonment for a term of two years orupwards is convicted of any other offence also punishable withimprisonment for a term of two years or upwards—

(a) the High Court or a Sessions Court may direct that he besubject to the supervision of the police for a period ofnot more than three years commencing immediately afterthe expiration of the sentence passed on him for the lastof such offences;

(b) a Magistrate’s Court may direct that he be subject to thesupervision of the police for a period of not more thanone year commencing immediately after the expirationof the sentence passed on him for the last of such offences.

(2) When any person subject to the supervision of the police is,while still subject to such supervision, sentenced to a term ofimprisonment within Malaysia any term spent in prison shall beexcluded from the period of supervision.

Obligations of persons subject to supervision

296. (1) Every person subject to the supervision of the policewho is at large within Malaysia shall—

(a) notify the place of his residence to the officer in chargeof the police district in which his residence is situated;

(b) whenever he changes his residence within the same policedistrict notify such change of residence to the officer incharge of the police district;

(c) whenever he changes his residence from one police districtto another notify such change of residence to the officerin charge of the police district which he is leaving andto the officer in charge of the police district into whichhe goes to reside;


(d) whenever he changes his residence to a place beyond thelimits of Malaysia notify such change of residence andthe place to which he is going to reside to the officer incharge of the police district which he is leaving;

(e) if having changed his residence to a place beyond thelimits of Malaysia he subsequently returns to Malaysianotify such return and his place of residence in Malaysiato the officer in charge of the police district in which hisresidence is situated.

(2) Every person subject to the supervision of the police, if amale, shall once in each month report himself at such time as isprescribed by the Chief Police Officer of the State in which heresides either to the Chief Police Officer himself or to such otherperson as that officer directs, and the Chief Police Officer or otherperson may upon each occasion of such report being made takeor cause to be taken the finger prints of the person so reporting.

Penalty for non-compliance with section 296

297. If any person subject to the supervision of the police whois at large within Malaysia—

(a) remains in any place for forty-eight hours without notifyingthe place of his residence to the officer in charge of thepolice district in which the place is situated;

(b) fails to comply with the requisitions of section 296 onthe occasion of any change of residence;

(c) fails to comply with the requisitions of section 296 as toreporting himself once in each month,

he shall in every such case unless he proves to the satisfaction ofthe Court before which he is tried that he did his best to act inconformity with the law be liable to imprisonment for one year.

Application of law to orders for police supervision made outsidethe Malay States

298. Sections 296 and 297 shall apply to every person who, byreason of an order made under the law for the time being in forcein the Republic of Singapore or the States of Malacca or Penang,


would be subject to the supervision of police if he were at largewithin the Republic of Singapore or the States of Malacca orPenang, and who is at large within a Malay State.

Return of warrant

299. When a sentence has been fully executed the officer executingit shall return the warrant to the Court from which it issued withan endorsement under his hand certifying the manner in which thesentence has been executed.

CHAPTER XXVIII

SUSPENSIONS, REMISSIONS AND COMMUTATIONSOF SENTENCES

Power to suspend or remit sentence

300. (1) When any person has been sentenced to punishment foran offence the Ruler of the State acting in accordance with Article42 of the Constitution, in which the offence was committed or inwhich the conviction was had may at any time, without conditions,or upon any conditions which the person sentenced accepts, suspendthe execution of his sentence or remit the whole or any part of thepunishment to which he has been sentenced.

(2) Whenever an application is made to a Ruler for the suspensionor remission of a sentence the Ruler may require the convictingJudge or Magistrate to state his opinion as to whether the applicationshould be granted or refused and the Judge or Magistrate shallstate his opinion accordingly.

(3) If any condition on which a sentence has been suspendedor remitted is, in the opinion of the Ruler by whom it was granted,not fulfilled, the Ruler may cancel the suspension or remission;whereupon the person in whose favour the sentence has beensuspended or remitted may, if at large, be arrested by any policeofficer without warrant and remanded by a Magistrate to undergothe unexpired portion of the sentence.

(4) Nothing herein contained shall be deemed to interfere withthe right of the Ruler of any State to grant pardons, reprieves,respites or remissions of punishment.


Power to commute punishment

301. The Ruler of the State, acting in accordance with Article42 of the Constitution, in which the offence was committed may,without the consent of the person sentenced, commute any one ofthe following sentences for any other mentioned after it:

(a) death;

(b) imprisonment;

(c) fine.

CHAPTER XXIX

PREVIOUS ACQUITTALS OR CONVICTIONS

Person once convicted or acquitted not to be tried again forsame offence

302. (1) A person who has been tried by a Court of competentjurisdiction for an offence and convicted or acquitted of that offenceshall, while the conviction or acquittal remains in force, not beliable to be tried again for the same offence nor on the same factsfor any other offence for which a different charge from the onemade against him might have been made under section 166 or forwhich he might have been convicted under section 167.

(2) A person acquitted or convicted of any offence may beafterwards tried for any distinct offence for which a separate chargemight have been made against him on the former trial under subsection165(1).

(3) A person convicted of any offence constituted by any actcausing consequences which, together with that act, constituted adifferent offence from that of which he was convicted, may beafterwards tried for that last mentioned offence, if the consequenceshad not happened or were not known to the Court to have happenedat the time when he was convicted.

(4) A person acquitted or convicted of any offence constitutedby any acts may, notwithstanding the acquittal or conviction, besubsequently charged with and tried for any other offence constitutedby the same acts which he may have committed, if the Court bywhich he was first tried was not competent to try the offence withwhich he is subsequently charged.


(5) The dismissal of a complaint, or the discharge of the accused,is not an acquittal for the purposes of this section.

ILLUSTRATIONS

(a) A is tried upon a charge of theft as a servant and acquitted. He cannotafterwards, while the acquittal remains in force, be charged upon the samefacts with theft as a servant, or with theft simply, or with criminal breachof trust.

(b) A is tried upon a charge of murder and acquitted. There is no charge ofrobbery but it appears from the facts that A committed robbery at the timewhen the murder was committed; he may afterwards be charged with andtried for robbery.

(c) A is tried for causing grievous hurt and convicted. The person injuredafterwards dies. A may be tried again for culpable homicide.

(d) A is tried and convicted of the culpable homicide of B. A may notafterwards be tried on the same facts for the murder of B.

(e) A is charged and convicted of voluntarily causing hurt to B. A may notafterwards be tried for voluntarily causing grievous hurt to B on the samefacts unless the case comes within subsection (3) of this section.

Plea of previous acquittal or conviction

303. (1) The plea of a previous acquittal or conviction may bepleaded either orally or in writing, and may be in the followingform or to the following effect—

The defendant says that by virtue of section 302 of the CriminalProcedure Code he is not liable to be tried.

(2) Such plea may be pleaded together with any other plea, butthe issue raised by the plea shall be tried and disposed of beforethe issues raised by the other pleas are tried.

(3) On the trial in the High Court of an issue on a plea of aprevious acquittal or conviction the depositions transmitted to theCourt on the former trial, together with the notes of the Judge ifavailable, and the depositions transmitted to the Court on thesubsequent charge, shall be admissible in evidence to prove ordisprove the identity of the charges.


PART VII

APPEAL AND REVISION

CHAPTER XXX

APPEALS TO THE HIGH COURT

Appeals from Sessions Courts

303A. Any reference in this Chapter to a Magistrate and aMagistrate’s Court shall be deemed to include a reference to aSessions Court Judge, or a Sessions Court, as the case may be; andthe expressions “Magistrate” and “Magistrate’s Court” shall beconstrued accordingly.

Cases in which no appeal lies

304. No appeal shall lie from a judgment, sentence or order ofa Magistrate in the case of any offence punishable with fine onlynot exceeding twenty-five ringgit.

When plea of guilty limited right of appeal

305. When an accused person has pleaded guilty and been convictedby a Magistrate on that plea, there shall be no appeal except asto the extent or legality of the sentence.

Appeal against acquittal

306. When an accused person has been acquitted by a Magistratethere shall be no appeal except by, or with the sanction in writingof, the Public Prosecutor.

Procedure for appeal

307. (1) Except in any case to which section 304 applies andsubject to sections 305 and 306 any person who is dissatisfied withany judgment, sentence or order pronounced by any Magistrate’sCourt in a criminal case or matter to which he is a party may preferan appeal to the High Court against that judgment, sentence ororder in respect of any error in law or in fact or on the ground of


the alleged excessive severity or of the alleged inadequacy of anysentence by lodging, within ten days from the time of the judgment,sentence or order being passed or made, with the clerk of theMagistrate’s Court a notice of appeal in triplicate addressed to theHigh Court and by paying at the same time the prescribed appealfee.

(2) Every notice of appeal shall contain an address at which anynotices or documents connected with the appeal may be servedupon the appellant or upon his advocate.

(3) When a notice of appeal has been lodged the Court appealedfrom shall make a signed copy of the grounds of decision in thecase and cause it to be served upon the appellant or his advocateby leaving the said copy at the address mentioned in the notice ofappeal or by posting it by registered post addressed to the appellantat the said address.

(4) Within ten days after the copy of the grounds of decisionhas been served as provided in subsection (3), the appellant shalllodge with the clerk of the Magistrate’s Court at which the trialwas held a petition of appeal in triplicate addressed to the HighCourt.

(5) If the appellant within the period provided in subsection (1)for lodging his notice of appeal has applied for a copy of the notesof the evidence recorded by the Magistrate at his trial he shalllodge his petition of appeal as provided in subsection (4)—

(a) within the period provided by such subsection, or

(b) within a period of ten days from the date when a noticeis left at his address for service specified in subsection(2) that a copy of the notes of evidence can be had freeof charge,

whichever period shall be the longer.

(6) Every petition of appeal shall state shortly the substance ofthe judgment appealed against and shall contain definite particularsof the points of law or of fact in regard to which the Court appealedfrom is alleged to have erred.


(7) (a) If the appellant is in prison he shall be deemed to havecomplied with the requirements of this section if he gives to theofficer in charge of the prison either orally or in writing notice ofappeal and the particulars required to be included in the petitionof appeal within the times prescribed by this section and pays theprescribed appeal fee.

(b) Such officer shall immediately forward the notice and petitionor the purport thereof together with the appeal fee to the clerk ofthe Magistrate’s Court at which the trial was held.

(8) In the case of an appeal by the Public Prosecutor no feeshall be payable.

(9) If a petition of appeal is not lodged within the time prescribedby this section the appeal shall be deemed to have been withdrawnand the trial Court shall enforce its sentence or order if any stayof execution has been granted, but nothing herein contained shallbe deemed to limit or restrict the powers conferred upon a Judgeby section 310.

Transmission of appeal record

308. When the appellant has complied with section 307 the Courtappealed from shall transmit to the High Court and to the PublicProsecutor and to the advocate for the appellant a signed copy ofthe record of the proceedings and of the grounds of the decisiontogether with a copy of the notice and of the petition of appeal.

309. (Deleted by Act 25 of 1967).

Appeal specially allowed in certain cases

310. A Judge may, on the application of any person desirous ofappealing who may be debarred from so doing upon the groundof his not having observed some formality or some requirementof this Code, permit an appeal upon such terms and with suchdirections to the Magistrate and to the parties as the Judge shallconsider desirable, in order that substantial justice may be donein the matter.


Stay of execution pending appeal

311. Except in the case of a sentence of whipping (the executionof which shall be stayed pending appeal), no appeal shall operateas a stay of execution, but the Court below or a Judge may stayexecution on any judgment, order, conviction or sentence pendingappeal, on such terms as to security for the payment of any moneyor the performance or non-performance of any act or the sufferingof any punishment ordered by or in the judgment, order, convictionor sentence as to the Court below or to the Judge may seemreasonable.

Setting down appeal on list

312. (1) If the Judge does not reject the appeal summarily heshall hand the documents mentioned in section 308 to the Registrar,who shall number the appeal and enter it on the list of appeals tobe heard and give notice to the parties that the appeal has beenso entered.

(2) As soon as a date has been fixed the Registrar shall giveto the parties notice of the date of hearing of the appeal.

(3) In any case a Judge may, of his own motion or on theapplication of a party concerned and with reasonable notice to theparties, accelerate or postpone the hearing of an appeal.

Procedure at hearing

313. (1) When the appeal comes on for hearing the appellant, ifpresent, shall be first heard in support of the appeal, the respondent,if present, shall be heard against it, and the appellant shall beentitled to reply.

(2) If the appellant does not appear to support his appeal theCourt may consider his appeal and may make such order thereonas it thinks fit:

Provided that the Court may refuse to consider the appeal or tomake any such order in the case of an appellant who is out of thejurisdiction or who does not appear personally before the Courtin pursuance of a condition upon which he was admitted to bail,except on such terms as it thinks fit to impose.


Non-appearance of respondent

314. (1) If, at the hearing of the appeal, the respondent is notpresent and the Court is not satisfied that the notice of appeal wasduly served upon him, then the Court shall not make any order inthe matter of the appeal adverse to or to the prejudice of therespondent, but shall adjourn the hearing of the appeal to a futureday for his appearance, and shall issue the requisite notice to himfor service through the Registrar.

(2) If the service of the last-mentioned notice cannot be effectedon the respondent the Court shall proceed to hear the appeal in hisabsence.

Arrest of respondent in certain cases

315. When an appeal is presented against an acquittal a Judgemay issue a warrant directing that the accused be arrested andbrought before him, and may commit him to prison pending thedisposal of the appeal or admit him to bail.

Decision on appeal

316. At the hearing of the appeal the Judge may, if he considersthere is no sufficient ground for interfering, dismiss the appeal, ormay—

(a) in an appeal from an order of acquittal, reverse the order,and direct that further inquiry be made, or that the accusedbe re-tried, as the case may be, or find him guilty andpass sentence on him according to law;

(b) in an appeal from a conviction or in an appeal as tosentence—

(i) reverse the finding and sentence and acquit ordischarge the accused, or order him to be re-tried;or

(ii) alter the finding, maintaining the sentence, or withor without altering the finding reduce or enhancethe sentence or alter the nature of the sentence;

(c) in an appeal from any other order, alter or reverse suchorder.


Order to take further evidence

317. (1) In dealing with any appeal under this Chapter a Judge,if he thinks additional evidence to be necessary, may either takesuch evidence himself or direct it to be taken by a Magistrate.

(2) When the additional evidence is taken by a Magistrate heshall certify that evidence to the High Court who shall then, assoon as may be, proceed to dispose of the appeal.

(3) Unless the Judge otherwise directs, the accused or his advocateshall be present when the additional evidence is taken.

(4) The taking of evidence under this section shall, for thepurposes of Chapter XXV, be deemed to be an inquiry.

Judgment

318. On the termination of the hearing of the appeal the Judgeshall, either at once or on some future day which shall either thenbe appointed for the purpose or of which notice shall subsequentlybe given to the parties, deliver judgment in open court.

Certificate and consequence of judgment

319. (1) Whenever a case is decided on appeal by a Judge underthis Chapter he shall certify his judgment or order to the Court bywhich the finding, sentence or order appealed against was recordedor passed.

(2) Whenever an appeal is not dismissed such certificate shallstate the grounds upon which the appeal was allowed or the decisionof the Magistrate’s Court was varied.

(3) The Court to which a Judge certifies his judgment or ordershall thereupon make such orders as are conformable to the judgmentor order of the Judge and, if necessary, the record shall be amendedin accordance therewith.

Death of parties to appeal

320. Every appeal under section 306 shall finally abate on thedeath of the accused, and every other appeal under this Chapter(except an appeal against a sentence of fine) shall finally abate onthe death of the appellant.


321. (Deleted by Act 25 of 1967).

Costs

322. (1) Subject to the following subsections, in all proceedingsunder this and the following Chapter a Judge shall have power toaward such costs as he may deem fit to be paid by the complainantto the accused or by the accused to the complainant:

Provided that no costs whatsoever shall be awarded in anyproceedings brought against an order of acquittal.

(2) Such costs shall be assessed by the Judge at the time whenhe gives his decision.

(3) No costs shall in any case be awarded either against or infavour of the Public Prosecutor.

CHAPTER XXXI

REVISION

Power to call for records of subordinate Courts

323. (1) A Judge may call for and examine the record of anyproceeding before any subordinate Criminal Court for the purposeof satisfying himself as to the correctness, legality or propriety ofany finding, sentence or order recorded or passed, and as to theregularity of any proceedings of that subordinate Court.

(2) Orders made under sections 97 and 98 are not proceedingswithin the meaning of this section.

Power to order further inquiry

324. (1) On examining any record under section 323 or otherwise,a Judge may direct the Magistrate to make, and the Magistrateshall make, further inquiry into any complaint which has beendismissed under section 135, or into the case of any accusedperson who has been discharged.


(2) Section 303A shall apply for the construction ofsubsection (1).

Powers of Judge on revision

325. (1) A Judge may, in any case the record of the proceedingsof which has been called for by himself or which otherwise comesto his knowledge, in his discretion, exercise any of the powersconferred by sections 311, 315, 316 and 317 of this Code.

(2) No order under this section shall be made to the prejudiceof the accused unless he has had an opportunity of being heard,either personally or by advocate, in his own defence.

(3) Nothing in this section shall be deemed to authorize a Judgeto convert a finding of acquittal into one of conviction.

Permission for parties to appear

326. No party has any right to be heard, either personally or byadvocate, before a Judge when exercising his powers of revision:

Provided that the Judge may, if he thinks fit, when exercisingsuch powers hear any party, either personally or by advocate, andthat nothing in this section shall be deemed to affect subsection325(2).

Orders on revision

327. When a case is revised under this Chapter by a Judge heshall certify his decision or order to the Court by which the finding,sentence or order revised was recorded or passed stating, wherethe finding, sentence or order has been varied, the grounds forsuch variation; and the Court to which the decision or order is socertified shall then make such orders as are conformable to thedecision so certified and, if necessary, the record shall beamended in accordance therewith.


PART VIII

SPECIAL PROCEEDINGS

*CHAPTER XXXII

INQUIRIES OF DEATHS

Meaning of “cause of death”

328. In this Chapter the words ‘cause of death’ include not onlythe apparent cause of death as ascertainable by inspection orpost mortem examination of the body of the deceased, but also allmatters necessary to enable an opinion to be formed as to themanner in which the deceased came by his death and as to whetherhis death resulted in any way from, or was accelerated by, anyunlawful act or omission on the part of any other person.

Duty of police officer to investigate death

329. (1) Every officer in charge of a police station on receivinginformation—

(a) that a person has committed suicide;

(b) that a person has been killed by another, or by an animal,or by machinery, or by an accident;

(c) that a person has died under circumstances raising areasonable suspicion that some other person has committedan offence;

(d) that the body of a dead person has been found, and it isnot known how he came by his death; or

(e) that a person has died a sudden death, shall with the leastpractical delay transmit such information to the officerin charge of the police district.

(2) On receipt of the information the officer in charge of thepolice district or some other police officer acting under his directionsand being either the officer in charge of a police station or a policeofficer not below the rank of sergeant shall immediately proceed

*NOTE—Medical Officers of the Armed Forces to be regarded as Government Medical Officers,for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code–see L.N.198/1952.


to the place where the body of the deceased person is and thereshall make an investigation and draw up report of the apparentcause of death, describing the wounds, fractures, bruises and othermarks of injury as may be found on the body, and such marks,objects and circumstances as, in his opinion, may relate to thecause of death or the person, if any, who caused the death, andstating in what manner or by what weapon or instrument, if any,the marks appear to have been inflicted.

(3) Every police officer making an investigation under this sectioninto the cause of any death, may exercise any or all of the specialpowers in relation to police investigations in seizable cases conferredon the police officer by Chapter XIII and sections 112, 113 and114 shall apply to statements made by persons examined in thecourse of the investigation.

(4) The report shall be signed by the police officer by whomit was drawn up, and where the report was not drawn up by theofficer in charge of the police district it shall immediately beforwarded to him.

(5) The officer in charge of the police district shall immediatelyforward that report to the Magistrate within the local limits ofwhose jurisdiction the body of the deceased was found.

(6) When the information given under subsection (1) is of sucha nature that, though it affords reasonable ground for believingthat a death has occurred, it is unlikely that the body of suchdeceased person can be found owing to its destruction by fire orotherwise or to the fact that the body is lying in a place from whichit cannot be recovered, the officer referred to in subsection (2)shall nevertheless make an investigation and draw up a report, andforward the report to the nearest Magistrate who shall proceed inreference to the report as in the case of a report forwarded undersubsection (5).

Duty of officer to arrange for post-mortem examination incertain cases

330. Every officer making an investigation under section 329shall if there appears to him any reason to suspect that the deceasedcame by his death in a sudden or unnatural manner or by violenceor that his death resulted in any way from or was accelerated by


any unlawful act or omission on the part of any other person, atonce inform the nearest *Government Medical Officer and, unlessit appears to him that the body should be viewed by a Magistratein situ, shall take or send the body to the nearest Governmenthospital or other convenient place for the holding of a post-mortemexamination of the body by a Government Medical Officer:

Provided that if that officer is satisfied as to the cause of deathand that the deceased came by his death by accident he may orderthe body to be buried immediately.

Post-mortem examination of body

331. (1) Upon receiving the information referred to in section330 a Government Medical Officer shall, as soon as practicable,make a post-mortem examination of the body of the deceased.

(2) The Medical Officer, if it is necessary in order to ascertainthe cause of death, shall extend the examination to the dissectionof the body and an analysis of any portion of it, and may causeany portion of it to be transmitted to the Institute for MedicalResearch.

Report of Government Medical Officer

332. (1) The Medical Officer making any such examination shalldraw up a report of the appearance of the body and of the conclusionswhich he draws from it, and shall certify as to the cause of deathand shall date and sign the report and transmit it to the officer incharge of the police district who shall attach it to the report forwardedunder subsection 329(5).

(2) The report of the Medical Officer and also the report of anofficer of the Institute for Medical Research on anything transmittedto him under subsection 331(2) shall be admissible as evidenceand shall be prima facie evidence of the facts stated in it at anyinquiry held under this Chapter.

Duty of Magistrate on receipt of report

333. (1) If the Magistrate shall be satisfied as to the cause ofdeath without holding an inquiry under this Chapter, he shallreport to the Public Prosecutor the cause of death as ascertainedto his satisfaction with his reasons for being so satisfied and shallat the same time transmit to the Public Prosecutor all reports anddocuments in his possession connected with the matter.*NOTE—Medical Officers of the Armed Forces to be regarded as Government Medical Officers, for thepurpose of inquiries into deaths and evidence under the Criminal Procedure Code–see L.N. 198/1952.


(2) In all other cases the Magistrate shall proceed as soon asmay be to hold an inquiry under this Chapter.

(3) It shall not be necessary for the Magistrate to hold anyinquiry under this Chapter or to make any report under subsection(1) if any criminal proceedings have been instituted against anyperson in respect of any act connected with the death of the deceasedor such hurt as caused the death.

Inquiry into cause of death of a person in custody of police orin any asylum

334. When any person dies while in the custody of the police orin a mental hospital or prison, the officer who had the custody ofthat person or was in charge of that mental hospital or prison, asthe case may be, shall immediately give intimation of such deathto the nearest Magistrate, and the Magistrate or some other Magistrateshall, in the case of a death in the custody of the police, and inother cases may, if he thinks expedient, hold an inquiry into thecause of death.

Powers of Magistrate

335. (1) A Magistrate holding an inquiry under this Chapter shallhave all the powers which he would have in holding an inquiryinto an offence.

(2) A Magistrate holding an inquiry under this Chapter if heconsiders it expedient that the body of the deceased person shouldbe examined by a Medical Officer in order to discover the causeof death may, whether a post-mortem examination has been madeunder section 331 or not, issue his order to a Medical Officer tomake a post-mortem examination of the body, and may for thatpurpose order the body to be exhumed.

Magistrate may view body

336. It shall not be necessary for a Magistrate holding an inquiryto view the body of the deceased, but the Magistrate may if heconsiders it expedient view the body, and may for that purposecause the body to be exhumed.


Inquiries to be made by Magistrate

337. A Magistrate holding an inquiry shall inquire when, where,how and after what manner the deceased came by his death andalso whether any person is criminally concerned in the cause ofthe death.

Evidence and finding to be recorded

338. (1) The Magistrate holding an inquiry under this Chaptershall record the evidence and his finding thereon and shallimmediately transmit to the Public Prosecutor the original of suchevidence and finding duly authenticated by his signature or a copyof such evidence and finding certified under his hand as correct.

(2) The place in which any inquiry of death under this Chapteris held shall be a place open to the public. But a Magistrateconducting an inquiry of death may, on special grounds of publicpolicy or expediency, in his discretion, exclude the public or anyperson or persons in particular at any stage of the inquiry from theplace in which the inquiry is being held.

Power of Public Prosecutor to require inquiry to be held

339. (1) The Public Prosecutor may at any time direct a Magistrateto hold an inquiry under this Chapter into the cause of, and thecircumstances connected with, any death such as is referred to insections 329 and 334, and the Magistrate to whom such directionis given shall then proceed to hold an inquiry and shall record hisfinding as to the cause of death and also as to any of the circumstancesconnected with it with regard to which the Public Prosecutor mayhave directed him to make inquiry.

(2) When the proceedings at any inquiry under this Chapterhave been closed and it appears to the Public Prosecutor thatfurther investigation is necessary, the Public Prosecutor may directthe Magistrate to reopen the inquiry and to make further investigation,and thereupon the Magistrate shall have full power to reopen theinquiry and make further investigation and thereafter to proceedin the same manner as if the proceedings at the inquiry had notbeen closed:


Provided that this subsection shall not apply to any inquiry atwhich a finding of murder or culpable homicide not amounting tomurder has been returned against any person.

(3) When giving any direction under this section the PublicProsecutor may also direct whether the body shall or shall not beexhumed.

(4) All directions given under this section shall be compliedwith by the Magistrate to whom they are addressed withoutunnecessary delay.

Admissibility of medical report in certain cases

340. (1) Where on the trial of any person charged with culpablehomicide amounting to murder or culpable homicide not amountingto murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is deador is absent from Malaysia, it shall be lawful to receive any reportof that Medical Officer made under the provisions of this Code asevidence with regard to the appearances of the body when examinedby that Medical Officer and as regards the cause of death.

(2) Such evidence shall be subject to such deduction from itsweight as the Court deems proper to make by reason of that reportnot having been made upon oath and the accused person not havingany opportunity of cross-examination.

Custody of proceedings

341. The Public Prosecutor shall from time to time cause to bedelivered to the Registrar all proceedings transmitted to him underthis Chapter, and thereupon the Registrar shall take charge ofthose proceedings and shall keep a proper index of them.

Power to revise

341A. Chapter XXXI shall also apply to all proceedings underthis Chapter.


CHAPTER XXXIII

PERSONS OF UNSOUND MIND

Procedure where accused is suspected to be of unsound mind

342. (1) When a Judge or a Magistrate holding a trial has reasonto suspect that the accused person is of unsound mind andconsequently incapable of making his defence, he shall in the firstinstance investigate the fact of such unsoundness.

(2) At the investigation it shall not be necessary for the accusedperson to be present and the Judge or Magistrate may receive asevidence a certificate in writing signed by a Medical Officer to theeffect that the accused person is in his opinion of unsound mindor is a proper person to be detained for observation in a mentalhospital, or the Judge or Magistrate may, if he sees fit take oralevidence from a Medical Officer on the state of mind of theaccused person.

(3) If not satisfied that the person is capable of making hisdefence, the Judge or Magistrate shall postpone the trial and shallremand that person for a period not exceeding one month to bedetained for observation in any mental hospital in Malaysia.

(4) The Medical Superintendent of the said mental hospitalshall keep that person under observation during the period of hisremand and before the expiry of that period shall certify under hishand to the Court his opinion as to the state of mind of that person,and if he is unable within the period to form any definite conclusion,shall so certify to the Court and shall ask for a further remand.Such further remand may extend to a period of two months.

(5) The Public Prosecutor may at any stage of any proceedingsprior to the trial order that any accused person whom he suspectsto be of unsound mind be sent to a mental hospital for observationfor a period not exceeding one month. The Medical Superintendentof that mental hospital shall keep that person under observationduring the said period and before the expiry of the said period shallcertify under his hand to the Public Prosecutor his opinion as tothe state of mind of that person. If the said Medical Superintendentis unable within the said period to form any definite conclusionhe shall so certify to the Public Prosecutor, and the Public Prosecutormay order that person to be detained in that mental hospital for


a further period not exceeding two months. The MedicalSuperintendent of a mental hospital may, notwithstanding anythingin the Mental Disorders Ordinance 1952 [Ord. 31/1952] contained,detain any accused person in respect of whom an order has beenmade under this subsection for a period not exceeding the periodspecified in the order.

Certificate of Medical Superintendent

343. (1) If the Medical Superintendent shall certify that the accusedperson is of sound mind and capable of making his defence theJudge or Magistrate shall proceed with the trial.

(2) If the Medical Superintendent shall certify that that personis of unsound mind and incapable of making his defence the Courtshall, if satisfied of the fact, find accordingly, and thereupon thetrial shall be postponed.

(3) The certificate of the Medical Superintendent shall bereceivable as evidence under this section.

(4) If the accused person is certified to be of unsound mind andincapable of making his defence it shall not be necessary for himto be present in Court during proceedings under this section.

Release of person of unsound mind pending investigation ortrial

344. (1) Whenever an accused person is found to be of unsoundmind and incapable of making his defence, the Judge or Magistrate,if the offence charged is bailable, may, in his discretion, releasehim on sufficient security being given that he shall be properlytaken care of and shall be prevented from doing injury to himselfor to any other person, and for his appearance when requiredbefore the Judge or Magistrate or such officer as the Judge orMagistrate appoints in that behalf.

(2) If the offence charged is not bailable or if sufficient securityis not given the Judge or Magistrate shall report the case to theYang di-Pertuan Agong in respect of the Federal Territory, theRuler or the Yang di-Pertua Negeri of the State, as the case maybe, in respect of a State in which the trial is held and *the Ruler

*NOTE—Throughout this Chapter, references to “the Ruler” shall be construed as “the Yangdi-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertuan Negeri ofthe State as the case may be, in respect of a State”–see paragraph 2(ii) of the Criminal ProcedureCode (Amendment) Act 1976 [Act A365].


may, in his discretion, order the accused to be confined in a mentalhospital, and the Judge or Magistrate shall give effect to suchorder.

(3) Pending the order of the Ruler the accused may be committedto a mental hospital for safe custody.

Resumption of trial

345. When the accused has been released under section 344 theCourt may at any time require the accused to appear or be broughtbefore it and may again proceed under section 342.


Judgment of acquittal on ground of mental disorder

347. Whenever any person is acquitted upon the ground that atthe time at which he is alleged to have committed an offence hewas, by reason of unsoundness of mind, incapable of knowing thenature of the act alleged as constituting the offence or that it waswrong or contrary to law, the finding shall state specifically whetherhe committed the act or not.

Safe custody of person acquitted

348. (1) Whenever the finding states that the accused personcommitted the act alleged, the Court before which the trial hasbeen held shall, if that act would, but for incapacity found, haveconstituted an offence, order that person to be kept in safe custodyin such place and manner as the Court thinks fit and shall reportthe case for the orders of the Ruler of the State in which the trialis held:

Provided that if the Court concerned is a Magistrate’s Court, theMagistrate may in his discretion, if he considers that the offencecharged is not of a serious nature and that that person can safelybe released without danger of his doing injury to himself or anyother person, caution and discharge him.


(2) The Ruler may order that person to be confined in a mentalhospital during the pleasure of the Ruler of the State.

Procedure where prisoner of unsound mind is reported able tomake his defence

349. When any person is confined under section 344 in a mentalhospital, and any two of the visitors and Medical Superintendentjointly certify that in their opinion that person is capable of makinghis defence, he shall be taken before a Judge or Magistrate, as thecase may be, at such time as the Judge or Magistrate appoints, andthe Judge or Magistrate shall proceed with the trial and the aforesaidcertificate of the visitors and Medical Superintendent shall bereceivable as evidence.

Procedure where person of unsound mind is reported fit fordischarge

350. When any person is confined under section 348 in a mentalhospital, and the visitors and Medical Superintendent shall jointlycertify that in their judgment that person may be safely dischargedwithout danger of his doing injury to himself or any other person,the Ruler may thereupon order that person to be discharged fromsuch mental hospital.

Delivery of person of unsound mind to care of relative

351. (1) Whenever any relative or friend of any person confinedin a mental hospital under section 344 or 348 makes applicationthat that person be delivered over to his care or custody and givessecurity to the satisfaction of the Ruler that that person shall beproperly taken care of and shall be prevented from doing injuryto himself or any other person, the Ruler may in his discretion,after consulting the visitors or any two thereof and the MedicalSuperintendent of that mental hospital, order that person to bedelivered to that relative or friend:

Provided that if the person is confined under section 344, theRuler may further require the relative or friend to give security tothe satisfaction of the Ruler that if at any time it shall appear tothe Ruler that that person is capable of making his defence, thatrelative or friend shall produce that person for trial.


(2) Whenever such person is so delivered it shall be on conditionthat he shall be produced for the inspection of such officer and atsuch times as the Ruler directs.

Interpretation of “mental hospital” and “visitors”

352. In this Chapter the words “mental hospital” mean a mentalhospital established or maintained under the provisions of theMental Disorders Ordinance 1952 and the word “visitors” meansthe visitors for the time being acting under the section 32 of thatOrdinance.

Modification in the application of this Chapter to Sabah andSarawak

352A. In the application of this Chapter to Sabah and Sarawak,it shall be read as if it had been modified in the manner set outin the Third Schedule.

CHAPTER XXXIV

PROCEEDINGS IN CASE OF CERTAIN OFFENCESAFFECTING THE ADMINISTRATION OF JUSTICE

Procedure as to offences committed in Court

353. When any such offence as is described in section 175, 178,179, 180 or 228 of the Penal Code is committed in the view orpresence of any Magistrate’s Court, whether civil or criminal, theCourt may cause the offender to be detained in custody and at anytime before the rising of the Court on the same day may, if it thinksfit, take cognizance of the offence and sentence the offender to afine not exceeding fifty ringgit and in default of payment, toimprisonment for a term which may extend to two months.

Record of facts constituting the offence

354. (1) In every such case the Court shall record the factsconstituting the offence, with the statement, if any, made by theoffender as well as the finding and sentence.

(2) If the offence is an offence punishable under section 228 ofthe Penal Code the record must show the nature and stage of thejudicial proceeding in which the Court interrupted or insulted wassitting, and the nature of the interruption or insult.


Alternative procedure

355. If the Court, in any case, considers that a person accusedof any of the offences referred to in section 353 and committedin its view or presence, may be better dealt with by ordinaryprocess of law, the Court, after recording the facts constituting theoffence and the statement of the accused as provided in section354, may direct the accused to be prosecuted, and may requiresecurity to be given for the appearance of the accused personbefore a Magistrate or, if sufficient security is not given, mayforward that person, under custody, to a Magistrate.

Power to remit punishment

356. When any Court has, under section 353, adjudged an offenderto punishment for refusing or omitting to do anything which hewas lawfully required to do or for any intentional insult or interruption,the Court may, in its discretion, discharge the offender or remitthe punishment on his submission to the order or requisition of theCourt or on apology being made to its satisfaction.

Refusal to give evidence

357. If any witness before a Magistrate’s Court refuses to answersuch questions as are put to him or to produce any document inhis possession or power which the Court requires him to produce,and does not offer any reasonable excuse for such refusal, thatCourt may, for reasons to be recorded in writing, sentence him toimprisonment for any term not exceeding seven days, unless in themeantime that person consents to be examined and to answer orto produce the document. In the event of his persisting in hisrefusal he may be dealt with according to section 353 or 355notwithstanding any sentence he may have undergone under thissection.

Appeal

358. (1) Any person sentenced by any lower Court under thisChapter may appeal to the High Court.

(2) Chapter XXX shall, so far as they are applicable, apply toappeals under this section, and the appellate court may alter orreverse the finding or reduce, alter or reverse the sentence appealedagainst.


(3) Chapter XXXI shall also apply to all proceedings by aMagistrate under this Chapter.

Magistrate not to try certain offences committed before himself

359. Except as provided in sections 353 and 357 no Magistrateshall try any person for any offence referred to in section 129when the offence is committed before himself or in contempt ofhis authority, or is brought under his notice as such Magistrate inthe course of a judicial proceeding.

CHAPTER XXXV

MAINTENANCE OF WIVES AND CHILDREN

360–364. (Deleted by Ord. No. 36 of 1950).

CHAPTER XXXVI

DIRECTIONS OF THE NATURE OF A HABEAS CORPUS

Power of High Court to make certain orders

365. The High Court may whenever it thinks fit direct—

(1) that any person who:

(a) is detained in any prison within the limits of Malaysiaon a warrant of extradition whether under the ExtraditionAct 1992 [Act 479]; or

(b) is alleged to be illegally or improperly detained in publicor private custody within the limits of Malaysia, be setat liberty;

(2) that any defendant in custody under a writ of attachmentbe brought before the Court to be dealt with according to law.

Form of application

366. Every application to bring up before the Court a persondetained on a warrant of extradition or alleged to be illegally orimproperly detained in custody shall be supported by affidavitstating where and by whom the person is detained and, so far as


they are known, the facts relating to the detention, with the objectof satisfying the Court that there is probable ground for supposingthat the person is detained against his will and without just cause.

Affidavit, by whom signed

367. The affidavit required by section 366 shall be made by theperson detained or alleged to be detained unless it be shown thatby reason of restraint or coercion or other sufficient cause he isunable to make it, in which case it shall be made by some otherperson.

Copy of warrant

368. When an application is made under section 366 to bring upbefore the Court a person in custody under a warrant to detain thatperson a copy of the warrant under which he is detained, obtainedfrom and authenticated by the signature of the person in whosecustody the applicant is, shall be produced to the Court, or it shallbe shown by affidavit that it has been asked for and refused.

Defendant in custody under writ of attachment to be broughtbefore Court

369. The officer in charge of a defendant in custody under a writof attachment shall, as soon as possible after the arrest, bring theperson before the Court to be dealt with according to law, and ifhe shall fail to do so the Court shall immediately order the saiddefendant to be brought before it.

Warrant to be prepared

370. In any case in which the Court shall order a person incustody to be brought before it a warrant in writing shall beprepared and signed by the Registrar and sealed with the seal ofthe Court.

Service of warrant

371. Such warrant shall unless otherwise ordered be delivered tothe applicant or his advocate who shall cause it to be servedpersonally upon the person to whom it is directed or otherwise asthe Court shall direct.


Attendance of prisoner in criminal case

372. (1) Whenever the presence of any person detained in a prisonsituate within Malaysia is required in any Criminal Court, thatCourt may issue a warrant addressed to the officer in charge ofthe prison requiring the production of that person before the Courtin proper custody at a time and place to be named in the warrant.

(2) The officer in charge of the prison shall cause the personnamed in the warrant to be brought as directed and shall providefor his safe custody during his absence from prison.

(3) Every such Court may by endorsement on such warrantrequire the person named in it to be brought up at any time towhich the matter in which the person is required is adjourned.

(4) Every warrant shall be sealed with the seal of the Court andsigned by the Registrar or Magistrate as the case may be.

Duty of officer to whom warrant is addressed

373. The officer to whom any warrant is addressed under thisChapter shall act in accordance with it and shall provide for thesafe custody of the prisoner during his absence from prison for thepurpose mentioned in the warrant.

Appeal

374. Any person aggrieved by any decision or direction of theHigh Court under this Chapter may appeal to the Federal Courtwithin thirty days from the date of the decision or direction appealedagainst.

No application to banishment warrant

375. Nothing in this Chapter contained shall apply to any persondetained in public custody under the provisions of any law in forcefor the time being relating to banishment.


PART IX

SUPPLEMENTARY PROVISIONS

CHAPTER XXXVII

THE PUBLIC PROSECUTOR

Public Prosecutor

376. (1) The Attorney General shall be the Public Prosecutor andshall have the control and direction of all criminal prosecutionsand proceedings under this Code.

(1A) (Deleted by Act A365).

(2) The Solicitor General shall have all powers of a DeputyPublic Prosecutor and shall act as Public Prosecutor in case of theabsence or inability to act of the Attorney General.

(3) The Public Prosecutor may appoint fit and proper personsto be Deputy Public Prosecutors who shall be under the generalcontrol and direction of the Public Prosecutor and may exerciseall or any of the rights and powers vested in or exercisable by thePublic Prosecutor by or under this Code or any other written lawexcept any rights or powers expressed to be exercisable by thePublic Prosecutor personally and he may designate any of suchDeputy Public Prosecutors as Senior Deputy Public Prosecutors.

(3A) The Public Prosecutor may appoint fit and proper personsto be Assistant Public Prosecutors who shall be under the generalcontrol and direction of the Public Prosecutor and, subject to suchlimitations or restrictions as may be specified by the Public Prosecutor,shall have all the powers of a Deputy Public Prosecutor.

(4) The rights and powers vested in or exercisable by the PublicProsecutor by subsections (3) and 68(2) shall be exercisable by thePublic Prosecutor personally.

Conduct of prosecutions in Court

377. Every criminal prosecution before any court and every inquirybefore a Magistrate shall, subject to the following sections, beconducted—

(a) by the Public Prosecutor, a Senior Deputy Public Prosecutor,a Deputy Public Prosecutor or an Assistant PublicProsecutor;


(b) subject to the control and direction of the Public Prosecutor,by the following persons who are authorized in writingby the Public Prosecutor:

(1) an advocate;

(2) a police officer not below the rank of Inspector;

(3) an officer of any Government department;

(4) an officer of any local authority;

(5) an officer of any statutory authority or body; or

(6) any person employed or retained by any localauthority or any statutory authority or body:

provided that in any district in which it may be impracticable,without an unreasonable amount of delay or expense, that suchprosecutions or inquiries should be so conducted it shall be lawfulfor the Public Prosecutor from time to time, by notification in theGazette, to direct that prosecutions may be conducted in that districtby a police officer below the rank of Inspector.

No one to appear for Public Prosecutor

378. No person shall appear on behalf of the Public Prosecutoron any criminal appeal other than the Public Prosecutor, SeniorDeputy Public Prosecutor or a Deputy Public Prosecutor.

Employment of advocate

379. With the permission in writing of the Public Prosecutor anadvocate may be employed on behalf of the Government to conductany criminal prosecution or inquiry, or to appear on any criminalappeal or point of law reserved on behalf of the Public Prosecutor.The advocate shall be paid out of the public funds such remunerationas may be sanctioned by the Minister of Finance and while conductingsuch prosecution or inquiry, or appearing on such criminal appealor point of law reserved, shall be deemed to be a “public servant”.

Prosecution by private persons

380. Notwithstanding anything in this Chapter contained, anyprivate person may appear in person or by advocate and prosecutefor an offence against his own person or property in a non-seizablecase in the Court of a Magistrate.


Sections 377 and 380 to prevail over other laws

380A. Sections 377 and 380 shall prevail notwithstanding anyinconsistency with any other written law.

381–386. (Deleted by Act A908).

CHAPTER XXXVIII

BAIL

When person may be released on bail

387. (1) When any person other than a person accused of anon-bailable offence is arrested or detained without warrant by apolice officer or appears or is brought before a Court and is preparedat any time while in the custody of the officer or at any stage ofthe proceedings before the Court to give bail, that person shall bereleased on bail by any police officer in charge of a police stationor by any police officer not under the rank of Corporal or by thatCourt.

(2) The police officer or the Court, if he or it thinks fit, mayinstead of taking bail from that person, discharge him on hisexecuting a bond without sureties for his appearance as hereinafterprovided.

When person accused of non-bailable offence may be releasedon bail

388. (1) When any person accused of any non-bailable offence isarrested or detained without warrant by a police officer or appearsor is brought before a Court, he may be released on bail by theofficer in charge of the police district or by that Court, but he shallnot be so released if there appears reasonable grounds for believingthat he has been guilty of an offence punishable with death orimprisonment for life:

Provided that the Court may direct that any person under the ageof sixteen years or any woman or any sick or infirm person accusedof such an offence be released on bail.


(2) If it appears to such officer or Court at any stage of theinvestigation, inquiry or trial, as the case may be, that there areno reasonable grounds for believing that the accused has committeda non-bailable offence, but there are sufficient grounds for furtherinquiry into his guilt, the accused shall, pending such inquiry, bereleased on bail, or at the discretion of that officer or Court, onthe execution by him of a bond without sureties for his appearanceas hereinafter provided.

(3) An officer or a Court releasing any person on bail undersubsections (1) or (2) shall record in writing the reasons for sodoing.

(4) If at any time after the conclusion of the trial of a personaccused of a non-bailable offence and before judgment is delivered,the Court is of opinion that there are reasonable grounds for believingthat the accused is not guilty of the offence, it shall release theaccused, if he is in custody, on the execution by him of a bondwithout sureties for his appearance to hear judgment delivered.

(5) Any Court may at any subsequent stage of any proceedingunder this Code cause any person who has been released under thissection to be arrested and may commit him to custody.

Amount of bond

389. The amount of every bond executed under this Chaptershall be fixed with due regard to the circumstances of the case asbeing sufficient to secure the attendance of the person arrested, butshall not be excessive; and a Judge may, in any case, whether therebe an appeal on conviction or not, direct that any person be admittedto bail or that the bail required by a police officer or Court bereduced or increased.

Bond to be executed

390. (1) Before any person is released on bail, or released on hisown bond, a bond for such sum of money as the police officer orCourt, as the case may be, thinks sufficient shall be executed bythat person, and when he is released on bail by one or moresufficient sureties, conditioned that person shall attend at the timeand place mentioned in the bond, and shall continue so to attenduntil otherwise directed by the police officer or Court, as the casemay be.


(2) If the case so requires the bond shall also bind the personreleased on bail to appear when called upon at the High Court orother Court to answer the charge.

Person to be released

391. (1) As soon as the bond has been executed the person forwhose appearance it has been executed shall be released and whenhe is in prison the Court admitting him to bail shall issue an orderof release to the officer in charge of the prison, and that officer,on receipt of the order, shall release him.

(2) Nothing in this section, section 387 or 388 shall be deemedto require the release of any person liable to be detained for somematter other than that in respect of which the bond was executed.

When warrant of arrest may be issued against person bailed

392. If, through mistake, fraud or otherwise, insufficient suretieshave been accepted, or if they afterwards become insufficient, theCourt admitting him to bail may issue a warrant of arrest directingthat the person released on bail be brought before it, and may orderhim to find sufficient sureties, and on his failing so to do maycommit him to prison.

Sureties may apply to have bond discharged

393. (1) All or any sureties for the attendance and appearance ofa person released on bail may at any time apply to a Magistrateto discharge the bond either wholly or so far as relates to theapplicants.

(2) On such application being made the Magistrate shall issuehis warrant of arrest directing that the person so released be broughtbefore him.

(3) On the appearance of the person pursuant to the warrant, oron his voluntary surrender, the Magistrate shall direct the bond tobe discharged, either wholly or so far as relates to the applicantsand shall call upon that person to find other sufficient sureties andif he fails to do so may commit him to custody.


(4) A surety may at any time arrest the person for whose attendanceand appearance he is a surety and immediately bring him beforea Magistrate, who shall then discharge that surety’s bond and shallcall on that person to find other sufficient surety, and if he failsto do so shall commit him to custody.

Appeal

394. Any person aggrieved by any order or refusal of any inferiorCourt made under this Chapter may appeal to the High Court,which may confirm, vary or reverse the order of the inferior Court.

CHAPTER XXXIX

SPECIAL PROVISIONS RELATING TO EVIDENCE

Procedure where person able to give material evidence isdangerously ill

395. (1) Whenever it appears to a Magistrate that any person ableto give material evidence, either for the prosecution or defence,touching a seizable offence is so dangerously ill that it is notpracticable to take his evidence according to the usual course oflaw the said Magistrate may take the deposition of that personprovided such reasonable notice as the case admits of has beengiven to the prosecutor and the accused of his intention to take itand of the time and place at which he intends to take it.

(2) If the accused is in custody a Magistrate may order theofficer in charge of the prison to convey him to the place, at thetime notified, and the said officer shall convey him accordingly.

(3) When it is proved at the trial of the said accused for anyoffence to which that deposition relates that the deponent is deador that for any sufficient cause his attendance cannot be procured,the deposition may be read either for or against the accused,notwithstanding his absence when the same was taken, if it iscertified under the hand of the Magistrate who took it and thecontrary is not proved or if it is shown by extrinsic evidence that—

(a) the deponent was at the time of his examination dangerouslyill as aforesaid;

(b) the said deposition was duly taken at the place and timenotified; and


(c) reasonable notice of the intention to take it was given tothe person against whom it is tendered in evidence, sothat he or his advocate might have been present andmight have had, if he had chosen to be present, fullopportunity of cross-examination.

Where person bound to give evidence intends to leave Malaysia

396. Whenever it is proved to the satisfaction of a Magistratethat any witness bound or about to be bound by recognizance togive evidence upon the trial of any seizable offence intends toleave Malaysia and that the ends of justice would be probablydefeated if that person were not present at the trial to give evidence,he may, upon the application of the Public Prosecutor or accusedand upon due provision being made for his maintenance and forcompensating him for his detention and loss of time, commit thatperson to the civil prison until the trial or until he shall givesatisfactory security that he will give evidence at the trial.

Deposition of medical witness

397. The High Court if satisfied that grave inconvenience wouldotherwise be caused may, if it thinks fit, allow the deposition ofa Government Medical Officer or other medical witness taken andattested by a Magistrate in the presence of the accused to be givenin evidence in any trial before such Court although the deponentis not called as a witness.


Reports of certain persons

399. (1) Any document purporting to be a report under the handof any of the persons mentioned in subsection (2) upon any person,matter or thing examined or analysed by him or any documentpurporting to be a report under the hand of the Registrar of Criminalsupon any matter or thing relating to finger impressions submittedto him for report may be given in evidence in any inquiry, trialor other proceeding under this Code unless that person or Registrarshall be required to attend as a witness—

(a) by the Court; or


(b) by the accused, in which case the accused shall givenotice to the Public Prosecutor not less than three cleardays before the commencement of the trial:

Provided always that in any case in which the PublicProsecutor intends to give in evidence any such report heshall deliver a copy of it to the accused not less than tenclear days before the commencement of the trial.

(2) The following are persons to whom the provisions of thissection apply:

(a) officers of the Institute for Medical Research;

(b) *Government Medical Officers;

(c) chemists in the employment of any Government in Malaysiaor of the Government of Singapore;

(d) any person appointed by the Minister by notification inthe Gazette, to be a Document Examiner;

(e) Inspector of Weights and Measures appointed as suchunder any written law relating to weights and measuresin force in Malaysia; and

(f) any person or class of persons to whom the Minister bynotification in the Gazette declares that the provisions ofthis section shall apply.

(3) The persons referred to in subsection (2) and the Registrarof Criminals are by this Code bound to state the truth in reportsmade under their hands.

Report of Central Bank on currency note or coin

399A. Where in any criminal proceeding it is necessary to decidewhether a currency note or coin is or not forged, a certificatesigned by the Governor of the Central Bank or any officer authorizedin writing by him in that behalf that he is satisfied by personalexamination that the note or coin is or is not forged, shall besufficient evidence that the note or coin is or is not forged, as thecase may be, and neither the Governor nor any officer of the Bankshall be cross-examined with regard to the contents of the certificateunless the Court otherwise orders.

*NOTE—Medical Officers of the Armed Forces to be regarded as government Medical Officers,for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code–seeL.N. 198/1952.


How previous conviction or acquittal may be proved

400. (1) In any inquiry, trial or other proceeding under this Codea previous conviction or acquittal or an order directing any personto be under the supervision of the police may be proved in additionto any other mode provided by any law for the time being inforce—

(a) by an extract certified under the hand of the officer havingthe custody of the records of the Court whether of Malaysiaor the Republic of Singapore in which that conviction oracquittal was had to be a copy of the sentence or order;or

(b) in case of a conviction either by a certificate signed bythe officer in charge of the prison in Malaysia or theRepublic of Singapore in which the punishment or anypart of it was inflicted, or by production of the warrantof commitment under which the punishment was suffered,

together with, in each of those cases, evidence as to the identityof the accused person with the person so convicted or acquitted.

(2) In case the officer in charge of any prison shall state in anycertificate signed by him that the finger prints which appear on thecertificate are those of the person to whom the certificate relates,that certificate shall be evidence of the fact so stated.

(3) Every Court shall presume to be genuine every documentpurporting to be a certificate of conviction and purporting to besigned by the officer in charge of any prison in Malaysia or theRepublic of Singapore, and shall also presume that the officer bywhom the document purports to be signed was when he signed itthe officer in charge of the prison mentioned in that document.

Record of evidence in absence of accused

401. (1) If it is proved that an accused person has absented himselfso that there is no immediate prospect of arresting him, the Courtcompetent to try that person for the offence complained of may,in his absence, examine the witnesses, if any, produced on behalfof the prosecution and record their depositions.


(2) Any such deposition may, on the arrest of that person, begiven in evidence against him on the trial for the offence withwhich he is charged, if the deponent is dead or incapable of givingevidence or his attendance cannot be procured without an amountof delay, expense or inconvenience which under the circumstancesof the case would be unreasonable.

(3) If it appears that an offence punishable with death or withimprisonment has been committed by some person or personsunknown the Court of a First Class Magistrate may hold an inquiryand examine any witnesses who can give evidence concerning theoffence. Any depositions so taken may be given in evidence againstany person who is subsequently accused of the offence if thedeponent is dead or incapable of giving evidence or is beyond thelimits of Malaysia.


Notice to be given of defence of alibi

402A. (1) Where in any criminal trial the accused seeks to putforward a defence of alibi, evidence in support of it shall not beadmitted unless the accused shall have given notice in writing ofit to the Public Prosecutor at least ten days before the commencementof the trial.

(2) The notice required by subsection (1) shall include particularsof the place where the accused claims to have been at the time ofthe commission of the offence with which he is charged, togetherwith the names and addresses of any witnesses whom he intendsto call for the purpose of establishing his alibi.

CHAPTER XL

PROVISIONS AS TO BONDS

Deposit instead of bond

403. When any person is required by any Court or officer toexecute a bond, with or without sureties, the Court or officer may,except in the case of a bond for good behaviour, permit him todeposit a sum of money to such amount as the Court may fix,instead of executing the bond.


Procedure on forfeiture of bond

404. (1) Whenever—

(a) it is proved to the satisfaction of the Court by which abond under this Code has been taken; or

(b) when the bond is for appearance before a Court, it isproved to the satisfaction of that Court,

that the bond has been forfeited the Court shall record the groundsof such proof and may call upon any person bound by the bondto pay the penalty thereof or to show cause why it should not bepaid.

(2) If sufficient cause is not shown and the penalty is not paidthe Court may proceed to recover the same by issuing a warrantfor the attachment and sale of property belonging to that person.

(3) The warrant may be executed within the local limits of thejurisdiction of the Court which issued it, and it shall authorize thedistress and sale of any property belonging to that person withoutsuch limits when indorsed by a Magistrate within the local limitsof whose jurisdiction the property is found.

(4) If the penalty is not paid, and cannot be recovered by theattachment and sale, the person so bound shall be liable, by orderof the Court which issued the warrant, to imprisonment in the civilprison for a term which may extend to six months.

(5) The Court may, at its discretion, remit any portion of thepenalty mentioned, and enforce payment in part only.

(6) Nothing in this section shall be deemed to prevent the penalty,or any portion of it, of any bond under this Code being recoveredunder the provisions of the law relating to civil procedure in forcefor the time being.

Appeal from orders

405. All orders made under section 404 by any Magistrate shallbe appealable to the High Court.


Power to direct levy of amount due on bond

406. A Judge may direct any Magistrate to levy the amount dueon a bond to appear and attend before the High Court.

CHAPTER XLI

DISPOSAL OF EXHIBITS AND OF PROPERTY THESUBJECT OF OFFENCES

Court shall consider manner of disposal of exhibits

406A. (1) At the conclusion of any proceedings under this Codethe Court shall consider in what manner the exhibits shall bedisposed of and may make any order for that purpose in accordancewith law.

(2) If the Court makes no order as to the disposal of the exhibitsthey shall be handed to the police officer in charge of the proceedingsand may be dealt with by the police in accordance with the provisionsof this Chapter as if the Court had made an order or orders to thateffect:

Provided that if the police are at any time in doubt as to theproper manner of disposing of any exhibit, or if any person claimsdelivery to him of any exhibit and the police refuse such delivery,the police or that person may apply summarily to the Court whichdetermined the case and the Court shall make such order regardingthe disposal of the exhibit as may be proper.

Order for disposal of property regarding which offence committed

407. (1) Any Court may if it thinks fit impound any property ordocument produced before it under this Code.

(2) During or at the conclusion of any inquiry or trial in anycriminal Court the Court may make such order as it thinks fit forthe custody or disposal of any property or document whatsoeverproduced before it or in its custody or the custody of the policeor of any public servant regarding which any offence appears tohave been committed or which has been used for the commissionof any offence.


The power herein conferred upon the Court shall include thepower to make an order for the forfeiture or confiscation or forthe destruction or for the delivery to any person of such property,but shall be exercised subject to any special provisions relating toforfeiture, confiscation, destruction or delivery contained in thewritten law under which the conviction was had.

(3) When a Judge makes such order, and cannot through hisown officers conveniently deliver the property to the person entitledto it, he may direct that the order to be carried into effect by aMagistrate.

(4) A Court making an order under this section in respect of anyproperty or document shall direct whether the order is to takeeffect immediately or at any future date or on the happening ofany future contingency and shall, except when the property is live-stock or subject to speedy and natural decay, include in that orderall necessary directions and conditions to ensure that the propertyor document will be produced as and when required for the purposesof the inquiry or trial during or at the conclusion of which suchorder is made or for the purposes of any appeal or further criminalproceedings resulting from such inquiry or trial.

(5) In this section the term “property” includes, in the case ofproperty regarding which an offence appears to have been committed,not only such property as has been originally in the possession orunder the control of any party but also any property into or forwhich the same may have been converted or exchanged, and anythingacquired by such conversion or exchange, whether immediately orotherwise.

Direction instead of order

408. Instead of himself making an order under section 407 aJudge may direct the property to be delivered to a Magistrate, whoshall, in such cases, deal with it as if it had been seized by thepolice and the seizure had been reported to him in the mannerhereinafter mentioned.

Payment to innocent person of money found on accused

409. When any person is convicted of any offence which includesor amounts to theft or receiving stolen property and it is provedthat any other person has bought the stolen property from him


without knowing or having reason to believe that the same wasstolen and that any money has, on his arrest, been taken out of thepossession of the convicted person, the Court may, on the applicationof the purchaser and on the restitution of the stolen property to theperson entitled to the possession of it, order that out of that moneya sum not exceeding the price paid by the purchaser be deliveredto him.

Stay of order

410. The High Court may direct any order under section 407 or409 made by a Magistrate’s Court to be stayed pending considerationby the High Court and may modify, alter or annul that order.

Destruction of libellous and other matter

411. (1) On a conviction under section 292, 293, 501 or 502 ofthe Penal Code the Court may order the destruction of all thecopies of the thing in respect of which the conviction was had andwhich are in the custody of the Court or remain in the possessionor power of the person convicted.

(2) The Court may in like manner, on a conviction undersection 272, 273, 274 or 275 of the Penal Code, order the food,drink, drug or medical preparation in respect of which the convictionwas had to be destroyed.

Restoration of possession of immovable property

412. (1) Whenever a person is convicted of an offence attendedby criminal force and it appears to the Court that by that force anyperson has been dispossessed of any immovable property, theCourt may, if it thinks fit, order that property to be restored to thepossession of the person who has been dispossessed.

(2) No such order shall prejudice any right or interest to or inthat immovable property which any person may be able to establishin a civil suit.

Procedure by police on seizure of property

413. (1) The seizure or finding by any police officer of propertytaken under section 20 or alleged or suspected to have been stolenor found under circumstances which create suspicion of thecommission of any offence shall be immediately reported to aMagistrate, who shall make such order as he thinks fit respectingthe delivery of the property to the person entitled to the possessionof it, or, if that person cannot be ascertained, respecting the custodyand production of the property.


(2) If the person so entitled is known the Magistrate may orderthe property to be delivered to him on such conditions, if any, asthe Magistrate thinks fit, and shall in that case cause a notice tobe served on that person informing him of the terms of the orderand requiring him to take delivery of the property within suchperiod from the date of the service of the notice (not being lessthan forty-eight hours) as the Magistrate may in the notice prescribe.

(3) If that person is unknown the Magistrate may direct that theproperty be detained in police custody, and the Chief Police Officershall, in that case, issue a public notification specifying the articlesof which the property consists and requiring any person who hasany claim to it to appear before him and establish his claim withinsix months from the date of the public notification:

Provided that, where it is shown to the satisfaction of the Magistratethat the property is of no appreciable value, or that its value is sosmall as, in the opinion of the Magistrate, to render impracticalthe sale, as hereinafter provided, of the property, or as to makeits detention in police custody unreasonable in view of the expenseor inconvenience that would thereby be involved, the Magistratemay order the property to be destroyed or otherwise disposed of,either on the expiration of such period after the publication ofnotification above referred to as he may determine or immediatelyas he thinks fit.

(4) Every notification under subsection (3) shall, if the valueof the property amounts to fifty ringgit, be published in the Gazette.

Procedure where no claim established

414. (1) If within three months from the publication of a notificationunder subsection 413(3) no person establishes a claim to suchproperty and if the person in whose possession the property wasfound is unable to show that it was legally acquired by him, theproperty may be sold on the order of the Chief Police Officer.

(2) If within six months from the publication of the notificationno person has established a claim to the property, the ownershipof the property or, if sold, the net proceeds of it shall then passto and become vested in the Government of the State in which thatproperty was seized.


Procedure where property is perishable or of small value

415. Where any property detained in police custody on the orderof a Magistrate made under subsection 413(3) is subject to speedyand natural decay or is, in the opinion of the Chief Police Officerof less value than ten ringgit, or where its custody involvesunreasonable expense and inconvenience, the property may besold at any time, and sections 413 and 414 shall, as nearly as maybe practicable, apply to the net proceeds of the sale.

Procedure where owner is absent

416. (1) If the person entitled to the possession of such propertyis absent from the State and the property is subject to speedy andnatural decay or the Magistrate to whom its seizure is reported isof opinion that its sale would be for the benefit of the owner orthat the value of the property is less than ten ringgit the Magistratemay, at any time, direct it to be sold and subsection 414(2) shallapply to the net proceeds of the sale.

(2) If the person to whom property has been ordered to bedelivered under subsection 413(2) neglects or omits to take deliveryof the property within the period prescribed, the Magistrate may,where the property is subject to speedy and natural decay or wherein his opinion its value is less than ten ringgit, direct that theproperty be sold and the net proceeds of the sales shall, on demand,be paid over to the person entitled to it.

CHAPTER XLII

TRANSFER OF CRIMINAL CASES

High Court’s power to transfer cases

417. (1) Whenever it is made to appear to the High Court—

(a) that a fair and impartial trial cannot be had in any criminalCourt subordinate to it;

(b) that some question of law of unusual difficulty is likelyto arise;

(c) that a view of the place in or near which any offence hasbeen committed may be required for the satisfactory trialof the same;


(d) that an order under this section will tend to the generalconvenience of the parties or witnesses; or

(e) that such an order is expedient for the ends of justice, oris required by any provision of this Code,

it may order—

(aa) that any offence be tried by any Court not empoweredunder sections 121 to 126 but in other respects competentto try such offence;

(bb) that any particular case or class of cases be transferredfrom a criminal Court subordinate to it to any other suchcriminal Court of equal or superior jurisdiction; or

(cc) that any particular criminal case be transferred to andtried before the High Court.

(dd) (Deleted by Act A908).

(ee) (Deleted by Act A908).

(2) The High Court may make an order under subsection (1)either on the report of the lower Court, or on the application ofthe Public Prosecutor or the accused person, or on its own initiative.

(3) (a) When an order is made under paragraph (1)(cc) thelower Court before which the trial of the offence against the accusedperson is pending shall cause the accused person to appear or bebrought before the High Court on the date specified in the saidorder or as soon as may be practicable if no such date is specified.

(b) When the accused person appears or is brought before theHigh Court in accordance with paragraph (a), it shall fix a datefor his trial which shall be held in accordance with the procedureunder Chapter XX.

(4) The Court to which a case is transferred under this sectionmay act on the evidence already recorded in a trial or partly sorecorded and partly recorded by itself, or it may re-summon thewitnesses and re-commence the trial:

Provided that in any case so transferred the Public Prosecutoror the accused person may, when the Court to which the case istransferred commences its proceedings, apply that the witnessesor any of them be re-summoned and re-heard.


Application for transfer to be supported by affidavit

418. (1) Every application for the exercise of the power conferredby section 417 shall be made by motion which shall, except whenthe applicant is the Public Prosecutor, be supported by affidavit.

(2) Every such application shall be made before the inquiry intoor trial of the offence has been concluded.

(3) When an accused person makes an application under thissection, a Judge may, if he thinks fit, direct him to execute a bond,with or without sureties, conditioned that he will, if convicted, paythe expenses of the prosecution.

(4) Every accused person making any such application shallgive to the Public Prosecutor notice in writing of the application,together with a copy of the grounds on which it is made, and noorder shall be made on the merits of the application unless at leasttwenty-four hours have elapsed between the giving of the noticeand the hearing of the application.

Trials by High Court on a certificate by the Public Prosecutor

418A. (1) Notwithstanding the provisions of section 417 and subjectto section 418B, the Public Prosecutor may in any particular casetriable by a criminal Court subordinate to the High Court issue acertificate specifying the High Court in which the proceedings areto be instituted or transferred and requiring that the accused personbe caused to appear or be produced before such High Court.

(2) The power of the Public Prosecutor under subsection (1)shall be exercised by him personally.

(3) The certificate of the Public Prosecutor issued under subsection(1) shall be tendered to the subordinate Court before which thecase is triable whereupon the Court shall transfer the case to theHigh Court specified in the certificate and cause the accused personto appear or be brought before such Court as soon as may bepracticable.

(4) When the accused person appears or is brought before theHigh Court in accordance with subsection (3), the High Court shallfix a date for his trial which shall be held in accordance with theprocedure under Chapter XX.


Cases to which section 418A is applicable

418B. Section 418A shall apply to all cases triable under thisCode by a criminal Court subordinate to the High Court, whetherthe proceedings are instituted before or after the coming into forceof that section, provided that the accused person has not pleadedguilty and no evidence in respect of the case against him has begunto be adduced.

CHAPTER XLIII

IRREGULARITIES IN PROCEEDINGS

Proceeding in wrong place, etc.

419. No finding, sentence or order of any criminal Court shallbe set aside merely on the ground that the inquiry, trial or otherproceedings in the course of which it was arrived at, passed ormade, took place in a wrong local area or before a wrong Magistrateor Court, unless it appears that such error occasioned a failure ofjustice.

Procedure when confession irregularly taken

420. If any Court before which a confession or other statementof an accused person recorded under section 115 or 256 is tenderedor has been received in evidence finds that any of the provisionsof that section has not been complied with by the Magistraterecording the statement, it shall take evidence that such personduly made the statement recorded and if it is satisfied of the samethat statement shall be admitted if the error has not injured theaccused as to his defence on the merits.

Omission to frame charge

421. (1) No finding or sentence pronounced or passed shall bedeemed invalid merely on the ground that no charge was framedunless, in the opinion of the appellate court, a failure of justicehas been occasioned thereby.

(2) If the appellate court thinks that a failure of justice has beenoccasioned by the omission to frame a charge it shall order thata new trial be had.


Irregularities not to vitiate proceedings

422. Subject to the provisions contained in this Chapter no finding,sentence or order passed or made by a Court of competent jurisdictionshall be reversed or altered on account of—

(a) any error, omission or irregularity in the complaint, sanction,consent, summons, warrant, charge, judgment or otherproceedings before or during trial, or in any inquiry orother proceedings under this Code;

(b) the want of any sanction; or

(c) the improper admission or rejection of any evidence,

unless such error, omission, irregularity, want, or improper admissionor rejection of evidence has occasioned a failure of justice.

Irregularity in distress

423. No distress made under this Code shall be deemed unlawful,nor shall any person making it be deemed a trespasser, on accountof any defect or want of form in the summons, conviction, writof distress or other proceedings relating to it, nor shall that partybe deemed a trespasser, ab initio on account of any irregularityafterwards committed by him, but all persons aggrieved by theirregularity may recover full satisfaction for the special damagecaused by it in any Court of competent jurisdiction.

CHAPTER XLIV

MISCELLANEOUS

Affidavits before whom sworn

424. (1) Subject to any rules of Court, any affidavit may be usedin a criminal Court if it is sworn—

(a) in Malaysia before any Magistrate or Registrar;

(b) in the Republic of Singapore before any Judge, DistrictJudge, Assistant District Judge, Registrar, Deputy Registrar,Police Magistrate or before any person authorized to takeaffidavits by any written law in force in the Republic ofSingapore;


(c) in England, Scotland, Ireland or the Channel Islands orin any Colony, island or place (other than the above)under the dominion or jurisdiction or protection of HerBritannic Majesty, before any Judge, Court, Notary Publicor other person lawfully authorized to administer oaths;

(d) in any other place before any officer exercising consularfunctions on behalf of Malaysia.

(2) The Court shall take judicial notice of the seal or signature,as the case may be, of any Judge, Court, Notary Public, Consul,Vice-Consul or other person appended or subscribed to any affidavit.

Power of Court to summon and examine persons

425. Any Court may at any stage of any inquiry, trial or otherproceeding under this Code summon any person as witness, orexamine any person in attendance though not summoned as awitness, or recall and re-examine any person already examined,and the Court shall summon and examine or recall and re-examineany such person if his evidence appears to it essential to the justdecision of the case.

Order for payment of costs of prosecution and compensation

426. (1) The Court before which a person is convicted of anycrime or offence may, in its discretion, make either or both of thefollowing orders against him, namely:

(a) an order for the payment by him of the costs of hisprosecution or such part of it as the Court directs;

(b) an order for the payment by him of a sum to be fixed bythe Court by way of compensation to any person, or tothe representatives of any person, injured in respect ofhis person, character or property by the crime or offencefor which the sentence is passed.

(2) The Court shall specify the person to whom any sum inrespect of costs or compensation as aforesaid is to be paid, andsection 432 [except paragraph (1)(d)] shall be applicable to anyorder made under this section.

(3) The Court may direct that an order for payment of costs, oran order for payment of compensation, shall have priority, and, ifno direction is given, an order for payment of costs shall havepriority over an order for payment of compensation.


(4) To the extent of the amount which has been paid to a person,or to the representatives of a person, under an order for compensation,any claim of such person or representatives for damages sustainedby reason of the crime or offence shall be deemed to have beensatisfied, but the order for payment shall not prejudice any rightto a civil remedy for the recovery of any property or for therecovery of damages beyond the amount of compensation paidunder the order.

(5) Every order made under this section by a Magistrate shallbe appealable to the High Court.

Payment of expenses of prosecutors and witnesses

427. In every criminal case tried before the High Court, and inevery criminal case tried before a Sessions Court or a Magistrate’sCourt, the Court may in its discretion order payment out of theConsolidated Fund to the prosecutor and to the witnesses both forthe prosecution and for the defence, or to such of them as it thinksfit, of the expenses incurred by them severally in and about attendingthe High Court, or the Sessions Court or Magistrate’s Court andalso compensation for their trouble and loss of time, subject tosuch rules as are prescribed.

Rules as to rates of payment

428. The rule committee may make rules as to the rates or scalesof payment of the expenses or compensation to be ordered asaforesaid and concerning the form of the certificates hereinaftermentioned and the details to be inserted in it.


Reward for unusual exertion

430. Whenever it appears to any Court that a private person hasshown unusual courage, diligence or exertion in the apprehensionof a person accused of having committed, attempted to commit orabetted an offence punishable with death or imprisonment, suchCourt may order payment to him out of the Consolidated Fund ofany sum not exceeding one hundred ringgit.


Compensation for family of person killed in arresting

431. If any person is killed in endeavouring to arrest or to keepin lawful custody a person accused as aforesaid the Minister ofFinance may order payment out of the Consolidated Fund to thewife, husband, parent or child of the deceased of such sum or sumsas appear reasonable in compensation for the loss sustained.

Provisions as to money payable as costs or compensation

432. (1) Subject to the provisions of this Code where any personis, under this Code, for any reason whatsoever, ordered to pay anysum of money by way of costs or compensation, the Court makingthe order may in its discretion do all or any of the following things,namely—

(a) allow time for the payment of that sum;

(b) direct payment of that sum to be made by instalments;

(c) issue a warrant for the levy of that sum by distress andsale of any property belonging to that person;

(d) direct that in default of payment or of a sufficient distressto satisfy such sum, that person shall suffer imprisonmentfor a certain term, which imprisonment shall be in excessof any other imprisonment to which he may be sentencedor to which he may be liable under a commutation ofsentence:

Provided that where time is not allowed for the paymentof that sum an order for imprisonment in default of paymentshall not be issued in the first instance unless it appearsto the Court that that person has no property or insufficientproperty to satisfy the money payable or that the levy ofdistress will be more injurious to him or his family thanimprisonment;

(e) direct that that person be searched and that any moneyfound on him when so searched or which in the event ofhis being committed to prison, may be found on himwhen taken to prison shall be applied towards the paymentof that sum, the surplus, if any, being returned to him:

Provided that such money shall not be so applied if theCourt is satisfied that the money does not belong to theperson on whom it was found or that the loss of themoney will be more injurious to his family than hisimprisonment.


(2) The term for which the Court directs that person to beimprisoned in default of payment or of a sufficient distress tosatisfy any sum shall not exceed the following scale—

When the money to be paid does notexceed RM25 … … … … … One month

When the money to be paidexceeds RM25 but does not Two monthsexceed RM50… … … … …

In any other case… … … … … Four months

(3) Subject to the provisions of this Code the imprisonmentwhich the Court imposes under this section shall terminate wheneverthe money is paid or levied by process of law.

(4) If before the expiration of the time of such imprisonmentsuch a proportion of the money is paid or levied that the time ofimprisonment suffered is not less than proportional to the part ofthe money still unpaid, the imprisonment shall terminate.

(5) A warrant for the levy of any such sum may be executedat any place in Malaysia but if it is required to be executed outsidethe State in which it is issued it shall be endorsed for that purposeby a Judge or a First Class Magistrate having jurisdiction in theState in which it is to be executed.

Copies of proceedings

433. (1) If the complainant or the accused or any person affectedby a judgment or order passed or made by a criminal Court desiresto have a copy of any order or deposition or other part of therecord, he shall, on applying for such copy, be furnished with itby the Court:

Provided that he pays for the same such reasonable sum as theCourt may direct unless the Court for some special reason thinksfit to furnish it free of cost.

(2) An application for a copy of the record may be made at anytime by the Public Prosecutor by whom no fee shall be payable.

434. (Deleted by Ord. No. 14 of 1952).


Power of police to seize property suspected of being stolen

435. Any member of the police force may seize any propertywhich is alleged or may be suspected to have been stolen, or whichis found under circumstances which create suspicion that an offencehas been committed, and such member, if subordinate to the officerin charge of the nearest police station, shall immediately report theseizure to that officer.

Person released on bail to give address for service

436. (1) When any person is released on bail, or on his own bond,he shall give to the Court or officer taking the bail or bond anaddress at which service upon him of all notices and process maybe made.

(2) In any case where that person cannot be found, or for otherreasons the service on him cannot be affected, any notice or processleft for that person at such address shall be deemed to have beenduly served upon him.

Power to compel restoration of abducted persons

437. Upon complaint made to a Magistrate on oath of the abductionor unlawful detention of a woman or of a female child under theage of fourteen years for any unlawful purpose within the locallimits of his jurisdiction, he may make an order for the immediaterestoration of the woman to her liberty, or of the female child toher husband, parent, guardian or other person having the lawfulcharge of that child, and may compel compliance with the order,using such force as may be necessary.

Compensation for giving in charge groundlessly

438. (1) Whenever any person causes a police officer to arrestanother person if it appears to the Magistrate who takes cognizanceof the case that there was no sufficient ground for causing thearrest the Magistrate may award such compensation, not exceedingtwenty-five ringgit, to be paid by the person so causing the arrestto each person so arrested for his loss of time and any expensesincurred by him in the matter as the Magistrate shall think fit.

(2) (Omitted).


(3) Such compensation shall be no bar to an action for falseimprisonment.

Magistrate not to act where interested

439. No Magistrate shall, except with the permission of the HighCourt to which an appeal lies from his Court, try any case to orin which he is a party or personally interested.

Explanation—A Magistrate shall not be deemed to be a party or personallyinterested within the meaning of this section to or in any case by reasononly that he is a member of a local authority or otherwise concerned init in a public capacity, or by reason only that he has viewed the place inwhich an offence is alleged to have been committed or any other placein which any transaction material to the case is alleged to have occurred,and made an inquiry in connection with the case.

ILLUSTRATION

A, as Collector of Land Revenue, upon consideration of informationfurnished to him directs the prosecution of B for a breach of the land laws.A is disqualified from trying this case as a Magistrate.

Public servants not to bid at sales under this Code

440. A public servant, having any duty to perform in connectionwith the sale of any property under this Code, shall not purchaseor bid for the property.

When receivers, etc., charged, evidence of other cases allowed

441. Where proceedings are taken against any person for havingreceived goods knowing them to be stolen or for having in hispossession stolen property, evidence may be given at any stage ofthe proceedings that there was found in the possession of thatperson other property stolen within the preceding period of twelvemonths, and that evidence may be taken into consideration for thepurpose of proving that that person knew the property to be stolenwhich forms the subject of the proceedings taken against him.

When evidence of previous conviction may be given

442. Where proceedings are taken against any person for havingreceived goods knowing them to be stolen or for having in his


possession stolen property and evidence has been given that thestolen property has been found in his possession, then if thatperson has, within five years immediately preceding, been convictedof any offence involving fraud or dishonesty, evidence of hisprevious conviction may be given at any stage of the proceedingsand may be taken into consideration for the purpose of provingthat the person accused knew the property which was proved tobe in his possession to have been stolen:

Provided that not less than seven days’ notice in writing shallhave been given to the person accused that proof is intended tobe given of his previous conviction; and it shall not be necessaryfor the purposes of this section to enter in the charge the previousconviction of the person so accused.

Forms

443. The Forms set out in the Second Schedule, with such variationas the circumstances of each case require, may be used for therespective purposes mentioned in them.

Application of fines

444. The Court imposing any fine under the authority of any lawfor the time being in force may award any portion of it to aninformer.

184 Laws of Malaysia ACT 593F

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men

t fo

r se

ven

wit

h de

ath

or i

mpr

ison

men

t fo

r li

fe,

year

s, a

nd f

ine

if t

he o

ffen

ce i

s no

t co

mm

itte

d in

cons

eque

nce

of t

he a

betm

ent.

115

If a

n ac

t w

hich

cau

ses

harm

be

do.

do.

do.

do.

Impr

ison

men

t fo

rdo

ne i

n co

nseq

uenc

e o

f th

e ab

etm

ent

four

teen

yea

rs,

and

fine

116

Abe

tmen

t of

an

offe

nce,

pun

isha

ble

do.

do.

Acc

ordi

ng a

sdo

.Im

pris

onm

ent

exte

ndin

gw

ith

impr

ison

men

t, i

f th

e of

fenc

e is

the

offe

nce

to a

qua

rter

par

t of

the

not

com

mit

ted

in c

onse

quen

ce o

f th

eab

ette

d is

long

est

term

pro

vide

dab

etm

ent

bail

able

or

not

for

the

offe

nce,

or

fine

,or

bot

h

116

If t

he a

bett

or o

r th

e pe

rson

abe

tted

do.

do.

do.

do.

Impr

ison

men

t ex

tend

ing

is a

pub

lic

serv

ant

who

se d

uty

it i

sto

hal

f of

the

lon

gest

to p

reve

nt t

he o

ffen

cete

rm p

rovi

ded

for

the

offe

nce,

or

fine

, or

bot

h

117

Abe

ttin

g th

e co

mm

issi

on o

f an

do.

do.

do.

do.

Impr

ison

men

t fo

r th

ree

offe

nce

by t

he p

ubli

c, o

r by

mor

eye

ars,

or

fine

or

both

than

ten

per

son


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R V

—A

BE

TM

EN

T—

(con

t.)

118

Con

ceal

ing

a de

sign

to

com

mit

May

arr

est

wit

hout

Acc

ordi

ng a

s a

Not

bai

labl

eA

ccor

ding

as

Impr

ison

men

t fo

ran

off

ence

pun

isha

ble

wit

hw

arra

nt i

f ar

rest

for

the

war

rant

or

the

offe

nce

seve

n ye

ars,

and

fin

ede

ath

or i

mpr

ison

men

t fo

r li

fe,

offe

nce

abet

ted

may

be

sum

mon

s m

ayab

ette

d is

if t

he o

ffen

ce i

s co

mm

itte

dm

ade

wit

hout

war

rant

,is

sue

for

the

com

poun

dabl

ebu

t no

t ot

herw

ise

offe

nce

abet

ted

or n

ot

118

If t

he o

ffen

ce i

s no

t co

mm

itte

ddo

.do

.do

.do

.Im

pris

onm

ent

for

thre

e ye

ars,

and

fin

e

119

A p

ubli

c se

rvan

t co

ncea

ling

ado

.do

.A

ccor

ding

as

do.

Impr

ison

men

tde

sign

to

com

mit

an

offe

nce

the

offe

nce

exte

ndin

g to

hal

f of

the

whi

ch i

t is

his

dut

y to

pre

vent

,ab

ette

d is

long

est

term

pro

vide

dif

the

off

ence

is

com

mit

ted

bail

able

or

not

for

the

offe

nce,

or

fine

,or

bot

h

119

If t

he o

ffen

ce i

s pu

nish

able

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

ten

wit

h de

ath

or i

mpr

ison

men

t fo

rye

ars

life

119

If t

he o

ffen

ce i

s no

t co

mm

itte

ddo

.do

.A

ccor

ding

as

do.

Impr

ison

men

tth

e of

fenc

eex

tend

ing

to a

qua

rter

abet

ted

ispa

rt o

f th

e lo

nges

t te

rmba

ilab

le o

r no

tpr

ovid

ed f

or t

he o

ffen

ce,

or f

ine,

or

both

120

Con

ceal

ing

a de

sign

to

com

mit

do.

do.

do.

do.

do.

an o

ffen

ce p

unis

habl

e w

ith

impr

ison

men

t, i

f th

e of

fenc

e is

com

mit

ted


120

If t

he o

ffen

ce i

s no

t co

mm

itte

ddo

.do

.do

.do

.Im

pris

onm

ent

exte

ndin

g to

one

-eig

hth

part

of

the

long

est

term

prov

ided

for

the

off

ence

,or

fin

e, o

r bo

th

CH

AP

TE

R V

A —

CR

IMIN

AL

CO

NS

PIR

AC

Y

120B

Cri

min

al c

onsp

irac

y to

com

mit

Sha

ll n

ot a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

r tw

oof

fenc

e pu

nish

able

wit

h de

ath

war

rant

com

poun

dabl

eye

ars;

whe

re n

o ex

pres

spr

ovis

ion,

sam

e as

if

heha

d ab

ette

d th

e of

fenc

e

120B

Bei

ng p

arty

to

a cr

imin

alM

ay a

rres

t w

itho

utS

umm

ons

Bai

labl

edo

.Im

pris

onm

ent

for

six

cons

pira

cy o

ther

tha

n to

war

rant

mon

ths,

or

fine

, or

bot

hco

mm

it o

ffen

ce p

unis

habl

ew

ith

deat

h

CH

AP

TE

R V

I—O

FF

EN

CE

S A

GA

INS

T T

HE

ST

AT

E

121

Wag

ing

or a

ttem

ptin

g to

wag

eS

hall

not

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otD

eath

; or

im

pris

onm

ent

war

, or

abe

ttin

g th

e w

agin

g of

war

rant

com

poun

dabl

efo

r li

fe,

and

fine

war

, ag

ains

t th

e Y

ang

di-P

ertu

anA

gong

or

the

Rul

er o

r Y

ang

di-P

ertu

a N

eger

i

121A

Off

ence

s ag

ains

t th

e pe

rson

of

do.

do.

do.

do.

Dea

th,

and

fine

the

Yan

g di

-Per

tuan

Ago

ng o

r a

Rul

er o

r Y

ang

di-P

ertu

a N

eger

i

121B

Off

ence

s ag

ains

t th

e au

thor

ity

do.

do.

do.

do.

Impr

ison

men

tof

the

Yan

g di

-Per

tuan

Ago

ngfo

r li

fe,

and

fine

or a

Rul

er o

r Y

ang

di-P

ertu

aN

eger

i

121C

Abe

ttin

g of

fenc

es u

nder

sec

tion

do.

do.

do.

do.

Pun

ishm

ent

prov

ided

121A

or

121B

for

offe

nces

und

erse

ctio

n 12

1A o

r 12

1B


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R V

I —

OF

FE

NC

ES

AG

AIN

ST

TH

E S

TA

TE

—(c

ont.

)

121D

Inte

ntio

nal

omis

sion

to

give

Sha

ll n

ot a

rres

tW

arra

ntN

otN

otIm

pris

onm

ent

for

seve

nin

form

atio

n of

off

ence

s ag

ains

tw

itho

ut w

arra

ntba

ilab

leco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

sect

ions

121

, 12

1A,

121B

or

121C

by a

per

son

boun

d to

inf

orm

122

Col

lect

ing

arm

s, e

tc.,

wit

h th

edo

.do

.do

.do

.Im

pris

onm

ent

for

life

,in

tent

ion

of w

agin

g w

ar a

gain

stor

im

pris

onm

ent

for

the

Yan

g di

-Per

tuan

Ago

ng o

r a

twen

ty y

ears

, an

d fi

neR

uler

or

Yan

g di

-Per

tua

Neg

eri

123

Con

ceal

ing

wit

h in

tent

to

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nfa

cili

tate

a d

esig

n to

wag

e w

arye

ars,

and

fin

e

124

Ass

ault

ing

a m

embe

r of

Par

liam

ent,

do.

do.

do.

do.

Impr

ison

men

t fo

r se

ven

etc.

, w

ith

inte

nt t

o co

mpe

l or

res

trai

ntye

ars,

and

fin

eth

e ex

erci

se o

f an

y la

wfu

l po

wer

125

Wag

ing

war

aga

inst

any

pow

er i

ndo

.do

.do

.do

.Im

pris

onm

ent

for

life

,al

lian

ce o

r at

pea

ce w

ith

the

Yan

gan

d fi

ne;

ordi

-Per

tuan

Ago

ng o

r ab

etti

ng t

heim

pris

onm

ent

for

twen

tyw

agin

g of

the

suc

h w

arye

ars

and

fine

; or

fin

e

125A

Har

bour

ing

or a

ttem

ptin

g to

do.

do.

do.

do.

Impr

ison

men

t fo

r li

fe,

harb

our

any

pers

on i

n M

alay

sia

and

fine

; or

or p

erso

n re

sidi

ng i

n a

fore

ign

Sta

teim

pris

onm

ent

for

twen

tyat

war

or

in h

osti

lity

aga

inst

the

Yan

gye

ars

and

fine

; or

fin

edi

-Per

tuan

Ago

ng


126

Com

mit

ting

dep

reda

tion

on

the

do.

do.

do.

do.

Impr

ison

men

t fo

r se

ven

terr

itor

ies

of a

ny p

ower

in

alli

ance

year

s, a

nd f

ine,

and

or a

t pe

ace

wit

h th

e Y

ang

di-P

ertu

anfo

rfei

ture

of

cert

ain

Ago

ngpr

oper

ty

127

Rec

eivi

ng p

rope

rty

take

n by

war

or

do.

do.

do.

do.

Impr

ison

men

t fo

r se

ven

depr

edat

ion

men

tion

ed i

n se

ctio

nsye

ars,

and

fin

e, a

nd12

5 an

d 12

6fo

rfei

ture

of

cert

ain

prop

erty

128

Pub

lic

serv

ant

volu

ntar

ily

allo

win

gdo

.do

.do

.do

.Im

pris

onm

ent

for

life

,pr

ison

er o

f S

tate

or

War

in

his

or i

mpr

ison

men

t fo

rcu

stod

y to

esc

ape

twen

ty y

ears

, an

d fi

ne

129

Pub

lic

serv

ant

negl

igen

tly

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

thre

esu

ffer

ing

pris

oner

of

Sta

te o

rye

ars,

and

fin

eW

ar i

n hi

s cu

stod

y to

esc

ape

130

Aid

ing

esca

pe o

f, r

escu

ing

ordo

.do

.N

otdo

.Im

pris

onm

ent

for

harb

ouri

ng s

uch

pris

oner

, or

bail

able

life

, or

im

pris

onm

ent

offe

ring

any

res

ista

nce

to b

efo

r tw

enty

yea

rs,

and

reca

ptur

e of

suc

h pr

ison

erfi

ne

CH

AP

TE

R V

II —

OF

FE

NC

ES

RE

LA

TIN

G T

O T

HE

AR

ME

D F

OR

CE

S

131

Abe

ttin

g m

utin

y, o

r at

tem

ptin

gM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rto

sed

uce

an o

ffic

er,

sold

ier

orw

arra

ntco

mpo

unda

ble

twen

ty y

ears

, an

d fi

nesa

ilor

fro

m h

is a

lleg

ianc

e or

dut

y

132

Abe

tmen

t of

mut

iny,

if

mut

iny

do.

do.

do.

do.

Dea

th;

or i

mpr

ison

men

tis

com

mit

ted

in c

onse

quen

cefo

r tw

enty

yea

rs,

and

ther

eof

fine

133

Abe

tmen

t of

an

assa

ult

by a

ndo

.do

.do

.do

.Im

pris

onm

ent

for

thre

eof

fice

r, s

oldi

er o

r sa

ilor

on

his

year

s, a

nd f

ine

supe

rior

off

icer

, w

hen

in t

heex

ecut

ion

of h

is o

ffic

e


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R V

II —

OF

FE

NC

ES

RE

LA

TIN

G T

O T

HE

AR

ME

D F

OR

CE

S—

(con

t.)

134

Abe

tmen

t of

suc

h as

saul

t, i

fM

ay a

rres

t w

itho

utW

arra

ntN

otN

otIm

pris

onm

ent

for

seve

nth

e as

saul

t is

com

mit

ted

war

rant

bail

able

com

poun

dabl

eye

ars,

and

fin

e

135

Abe

tmen

t of

the

des

erti

on o

fdo

.do

.B

aila

ble

do.

Impr

ison

men

t fo

r tw

oan

off

icer

, so

ldie

r or

sai

lor

year

s, o

r fi

ne,

or b

oth

136

Har

bour

ing

such

an

offi

cer,

do.

do.

do.

do.

do.

sold

ier

or s

ailo

r w

ho h

asde

sert

ed

137

Des

erte

r co

ncea

led

on b

oard

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

Bai

labl

eN

otF

ine

of o

ne t

hous

and

mer

chan

t ve

ssel

, th

roug

hw

arra

ntco

mpo

unda

ble

ring

git

negl

igen

ce o

f m

aste

r or

per

son

in c

harg

e of

it

138

Abe

tmen

t of

act

of

inM

ay a

rres

t w

itho

utW

arra

ntdo

.do

.Im

pris

onm

ent

for

six

subo

rdin

ate

by a

n of

fice

r,w

arra

ntm

onth

s, o

r fi

ne,

or b

oth

sold

ier

or s

ailo

r, i

f th

e of

fenc

eis

com

mit

ted

in c

onse

quen

ce

140

Wea

ring

the

dre

ss o

r ca

rryi

ngdo

.S

umm

ons

do.

do.

Impr

ison

men

t fo

r th

ree

any

toke

n us

ed b

y so

ldie

r, w

ith

mon

ths,

or

fine

of

one

inte

nt t

hat

it m

ay b

e be

liev

edth

ousa

nd r

ingg

it,

or b

oth

that

he

is s

uch

a so

ldie

r


CH

AP

TE

R V

III

—O

FF

EN

CE

S A

GA

INS

T P

UB

LIC

TR

AN

QU

ILIT

Y

143

Bei

ng m

embe

r of

an

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

unla

wfu

l as

sem

bly

war

rant

com

poun

dabl

esi

x m

onth

s, o

r fi

ne,

orbo

th

144

Pos

sess

ing

wea

pons

or

mis

sile

sdo

.do

.do

.do

.Im

pris

onm

ent

for

two

at u

nlaw

ful

asse

mbl

ies

year

s, o

r fi

ne,

or b

oth

145

Join

ing

or c

onti

nuin

g in

an

do.

do.

do.

do.

do.

unla

wfu

l as

sem

bly,

kno

win

gth

at i

t ha

s be

en c

omm

ande

d to

disp

erse

147

Rio

ting

do.

do.

do.

do.

do.

148

Pos

sess

ing

wea

pons

or

mis

sile

sdo

.do

.do

.do

.do

.at

rio

t

149

Off

ence

com

mit

ted

by m

embe

rA

ccor

ding

as

arre

st m

ayA

ccor

ding

as

aA

ccor

ding

as

do.

The

sam

e as

for

the

of a

n un

law

ful

asse

mbl

y, o

ther

be m

ade

wit

hout

war

rant

war

rant

or

the

offe

nce

isof

fenc

em

embe

rs g

uilt

yfo

r th

e of

fenc

e or

not

sum

mon

s m

ayba

ilab

le o

r no

tis

sue

for

the

offe

nce

150

Hir

ing,

eng

agin

g or

em

ploy

ing

May

arr

est

wit

hout

Acc

ordi

ng t

odo

.do

.T

he s

ame

as f

or a

pers

ons

to t

ake

part

in

anw

arra

ntth

e of

fenc

em

embe

r of

suc

hun

law

ful

asse

mbl

yco

mm

itte

d by

asse

mbl

y an

d fo

r an

yth

e pe

rson

offe

nce

com

mit

ted

byhi

red,

eng

aged

any

mem

ber

of s

uch

or e

mpl

oyed

asse

mbl

y

151

Kno

win

gly

join

ing

ordo

.W

arra

ntN

ot b

aila

ble

do.

Impr

ison

men

t fo

r si

xco

ntin

uing

in

any

asse

mbl

ym

onth

s, o

r fi

ne,

or b

oth

of f

ive

or m

ore

pers

ons

afte

rit

has

bee

n co

mm

ande

d to

disp

erse


CH

AP

TE

R V

III

—O

FF

EN

CE

S A

GA

INS

T P

UB

LIC

TR

AN

QU

ILIT

Y—

(con

t.)

152

Ass

ault

ing

or o

bstr

ucti

ngM

ay a

rres

t w

itho

utW

arra

ntN

otN

otIm

pris

onm

ent

for

thre

epu

blic

ser

vant

whe

nw

arra

ntba

ilab

leco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

supp

ress

ing

riot

, et

c.

153

Wan

tonl

y gi

ving

pro

voca

tion

do.

do.

do.

do.

Impr

ison

men

t fo

r on

ew

ith

inte

nt t

o ca

use

riot

, if

year

, or

fin

e, o

r bo

thri

otin

g is

com

mit

ted

153

If n

ot c

omm

itte

ddo

.do

.do

.do

.Im

pris

onm

ent

for

six

mon

ths,

or

fine

, or

bot

h

154

Ow

ner

or o

ccup

ier

of l

and

not

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

Bai

labl

edo

.F

ine

of t

wo

thou

sand

givi

ng i

nfor

mat

ion

of r

iot,

etc

.w

arra

ntri

nggi

t

155

Per

son

for

who

se b

enef

it o

r on

do.

do.

do.

do.

Fin

ew

hose

beh

alf

a ri

ot t

akes

pla

ceno

t us

ing

all

law

ful

mea

ns t

opr

even

t it

156

Age

nt o

f ow

ner

or o

ccup

ier

do.

do.

do.

do.

Fin

efo

r w

hose

ben

efit

a r

iot

isco

mm

itte

d no

t us

ing

all

law

ful

mea

ns t

o pr

even

t it

157

Har

bour

ing

pers

ons

hire

d fo

rM

ay a

rres

t w

itho

utdo

.do

.do

.Im

pris

onm

ent

for

six

an u

nlaw

ful

asse

mbl

yw

arra

ntm

onth

s, o

r fi

ne,

or b

oth

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


158

Bei

ng h

ired

to

take

par

t in

an

do.

do.

do.

do.

do.

unla

wfu

l as

sem

bly

or r

iot

158

Or

to g

o ar

med

do.

War

rant

do.

do.

Impr

ison

men

t fo

r tw

oye

ars,

or

fine

, or

bot

h

160

Com

mit

ting

aff

ray

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

do.

do.

Impr

ison

men

t fo

r on

ew

arra

ntm

onth

or

fine

of

two

hund

red

ring

git,

or

both

CH

AP

TE

R V

III

—O

FF

EN

CE

S B

Y O

R R

EL

AT

ING

TO

PU

BL

IC S

ER

VA

NT

S

161

Bei

ng o

r ex

pect

ing

to b

e a

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

publ

ic s

erva

nt,

and

taki

ng a

war

rant

com

poun

dabl

eth

ree

year

s, o

r fi

ne,

grat

ific

atio

n ot

her

than

leg

alor

bot

hre

mun

erat

ion

in r

espe

ct o

f an

offi

cial

act

162

Tak

ing

a gr

atif

icat

ion

in o

rder

do.

do.

do.

do.

do.

by c

orru

pt o

r il

lega

l m

eans

to

infl

uenc

e a

publ

ic s

erva

nt

163

Tak

ing

a gr

atif

icat

ion

for

the

do.

do.

do.

do.

Impr

ison

men

t fo

r on

eex

erci

se o

f pe

rson

al i

nflu

ence

year

or

fine

, or

bot

hw

ith

a pu

blic

ser

vant

164

Abe

tmen

t by

pub

lic

serv

ant

ofdo

.do

.do

.do

.Im

pris

onm

ent

for

thre

eth

e of

fenc

es d

efin

ed i

n th

e la

stye

ars

or f

ine,

or

both

two

prec

edin

g cl

ause

s w

ith

refe

renc

e to

him

self

165

Pub

lic

serv

ant

obta

inin

g an

ydo

.do

.do

.do

.Im

pris

onm

ent

for

two

valu

able

thi

ng,

wit

hout

year

s or

fin

e, o

r bo

thco

nsid

erat

ion,

fro

m a

per

son

conc

erne

d in

any

pro

ceed

ing

or b

usin

ess

tran

sact

ed b

y su

chpu

blic

ser

vant


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R V

III

—O

FF

EN

CE

S B

Y O

R R

EL

AT

ING

TO

PU

BL

IC S

ER

VA

NT

S—

(con

t.)

166

Pub

lic

serv

ant

diso

beyi

ng a

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

one

dire

ctio

n of

the

law

wit

h in

tent

war

rant

com

poun

dabl

eye

ar,

or f

ine,

or

both

to c

ause

inj

ury

to a

ny p

erso

n

167

Pub

lic

serv

ant

fram

ing

ando

.do

. d

o.do

.Im

pris

onm

ent

for

inco

rrec

t do

cum

ent

wit

h in

tent

thre

e ye

ars,

or

fine

, or

to c

ause

inj

ury

both

168

Pub

lic

serv

ant

unla

wfu

lly

do.

do.

do.

do.

Impr

ison

men

t fo

r on

een

gagi

ng i

n tr

ade

year

, or

fin

e, o

r bo

th

169

Pub

lic

serv

ant

unla

wfu

lly

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

obu

ying

or

bidd

ing

for

prop

erty

year

s, o

r fi

ne,

or b

oth,

and

conf

isca

tion

of

prop

erty

if

purc

hase

d

170

Per

sona

ting

a p

ubli

c se

rvan

tM

ay a

rres

t w

itho

utW

arra

ntdo

.do

.Im

pris

onm

ent

for

two

war

rant

year

s, o

r fi

ne,

or b

oth

171

Wea

ring

gar

b or

car

ryin

g to

ken

do.

Sum

mon

sdo

.do

.Im

pris

onm

ent

for

used

by

publ

ic s

erva

nt w

ith

thre

e m

onth

s, o

r fi

nefr

audu

lent

int

ent

of f

our

hund

red

ring

git,

or

both


CH

AP

TE

R X

—C

ON

TE

MP

TS

OF

TH

E L

AW

FU

L A

UT

HO

RIT

Y O

F P

UB

LIC

SE

RV

AN

TS

172

Abs

cond

ing

to a

void

ser

vice

of

Sha

ll n

ot a

rres

t w

itho

utS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

one

sum

mon

s or

oth

er p

roce

edin

gw

arra

ntco

mpo

unda

ble

mon

th,

or f

ine

of o

nefr

om a

pub

lic

serv

ant

thou

sand

rin

ggit

, or

bot

h

172

If s

umm

ons

or n

otic

e re

quir

edo

.do

. d

o. d

o.Im

pris

onm

ent

for

six

atte

ndan

ce i

n pe

rson

, et

c.,

mon

ths,

or

fine

of

two

in a

Cou

rtth

ousa

nd r

ingg

it,

orbo

th

173

Pre

vent

ing

the

serv

ice

or t

hedo

.do

.do

.do

.Im

pris

onm

ent

for

one

affi

xing

of

any

sum

mon

s or

mon

th,

or f

ine

of o

neno

tice

, or

the

rem

oval

of

itth

ousa

nd r

ingg

it,

orw

hen

it h

as b

een

affi

xed,

or

both

prev

enti

ng a

pro

clam

atio

n

173

If s

umm

ons,

etc

., re

quir

edo

.do

.do

.do

.Im

pris

onm

ent

for

six

atte

ndan

ce i

n pe

rson

, et

c.,

mon

ths,

or

fine

of

two

in a

Cou

rtth

ousa

nd r

ingg

it,

orbo

th

174

Not

obe

ying

a l

egal

ord

er t

odo

.do

.do

. d

o.Im

pris

onm

ent

for

one

atte

nd a

t a

cert

ain

plac

e in

mon

th,

or f

ine

of o

nepe

rson

or

by a

gent

, or

dep

arti

ngth

ousa

nd r

ingg

it,

orfr

om i

t w

itho

ut a

utho

rity

both

174

If t

he o

rder

req

uire

per

sona

ldo

.do

.do

.do

.Im

pris

onm

ent

for

six

atte

ndan

ce,

etc.

, in

a C

ourt

mon

ths,

or

fine

of

two

thou

sand

rin

ggit

, or

both

175

Inte

ntio

nall

y om

itti

ng t

odo

.do

.do

.do

.Im

pris

onm

ent

for

one

prod

uce

a do

cum

ent

to a

pub

lic

mon

th,

or f

ine

of o

nese

rvan

t by

a p

erso

n le

gall

yth

ousa

nd r

ingg

it,

orbo

und

to p

rodu

ce o

r de

live

rbo

th


CH

AP

TE

R X

—C

ON

TE

MP

TS

OF

TH

E L

AW

FU

L A

UT

HO

RIT

Y O

F P

UB

LIC

SE

RV

AN

TS

—(c

ont.

)

175

If t

he d

ocum

ent

is r

equi

red

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

six

to b

e pr

oduc

ed i

n or

wit

hout

war

rant

com

poun

dabl

em

onth

s, o

r fi

ne o

f tw

ode

live

red

to a

Cou

rtth

ousa

nd r

ingg

it,

or b

oth

176

Inte

ntio

nall

y om

itti

ng t

odo

.do

.do

.do

.Im

pris

onm

ent

for

one

give

not

ice

or i

nfor

mat

ion

mon

th,

or f

ine

of o

neto

a p

ubli

c se

rvan

t by

ath

ousa

nd r

ingg

it,

or b

oth

pers

on l

egal

ly b

ound

to

give

suc

h no

tice

or

info

rmat

ion

176

If t

he n

otic

e of

inf

orm

atio

ndo

.do

.do

.do

.Im

pris

onm

ent

for

six

requ

ired

res

pect

s th

em

onth

s, o

r fi

ne o

f tw

oco

mm

issi

on o

f an

off

ence

,th

ousa

nd r

ingg

it,

or b

oth

etc.

177

Kno

win

gly

furn

ishi

ng f

alse

do.

do.

do.

do.

do.

info

rmat

ion

to a

pub

lic

serv

ant

177

If t

he i

nfor

mat

ion

requ

ired

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

ore

spec

ts t

he c

omm

issi

on o

fye

ars,

or

fine

, or

bot

han

off

ence

, et

c.

178

Ref

usin

g oa

th w

hen

duly

do.

do.

do.

do.

Impr

ison

men

t fo

r si

xre

quir

ed t

o ta

ke o

ath

by a

mon

ths,

or

fine

of

publ

ic s

erva

nttw

o th

ousa

nd r

ingg

it,

or b

oth

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


179

Bei

ng l

egal

ly b

ound

to

stat

edo

.do

.do

.do

.do

.tr

uth,

and

ref

usin

g to

ans

wer

ques

tion

s

180

Ref

usin

g to

sig

n a

stat

emen

tdo

.do

.do

.do

.Im

pris

onm

ent

for

mad

e to

a p

ubli

c se

rvan

t w

hen

thre

e m

onth

s, o

r fi

nele

gall

y re

quir

ed t

o do

so

of o

ne t

hous

and

ring

git,

or

both

181

Kno

win

gly

stat

ing

to a

do.

War

rant

Bai

labl

eN

otIm

pris

onm

ent

for

publ

ic s

erva

nt o

n oa

th a

sco

mpo

unda

ble

thre

e ye

ars,

and

fin

etr

ue t

hat

whi

ch i

s fa

lse

182

Giv

ing

fals

e in

form

atio

n to

ado

.S

umm

ons

do.

do.

Impr

ison

men

t fo

r si

xpu

blic

ser

vant

in

orde

r to

cau

sem

onth

s, o

r fi

ne o

fhi

m t

o us

e hi

s la

wfu

l po

wer

to

two

thou

sand

rin

ggit

, or

the

inju

ry o

r an

noya

nce

of a

nybo

thpe

rson

183

Res

ista

nce

to t

he t

akin

g of

do.

do.

do.

do.

do.

prop

erty

by

the

law

ful

auth

orit

yof

a p

ubli

c se

rvan

t

184

Obs

truc

ting

sal

e of

pro

pert

ydo

.do

.do

.do

.Im

pris

onm

ent

for

one

offe

red

for

sale

by

auth

orit

y of

am

onth

, or

fin

e of

one

publ

ic s

erva

ntth

ousa

nd r

ingg

it,

orbo

th

185

Bid

ding

by

a pe

rson

und

er a

do.

do.

do.

do.

Impr

ison

men

t fo

r on

ele

gal

inca

paci

ty t

o pu

rcha

se i

t,m

onth

, or

fin

e of

fou

rfo

r pr

oper

ty a

t a

law

full

yhu

ndre

d ri

nggi

t, o

rau

thor

ized

sal

e, o

r bi

ddin

gbo

thw

itho

ut i

nten

ding

to

perf

orm

the

obli

gati

ons

incu

rred

by

it

186

Obs

truc

ting

pub

lic

serv

ant

inM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rdi

scha

rge

of h

is p

ubli

cw

arra

ntco

mpo

unda

ble

thre

e m

onth

s, o

r fi

nefu

ncti

ons

of o

ne t

hous

and

ring

git

or b

oth


CH

AP

TE

R X

—C

ON

TE

MP

TS

OF

TH

E L

AW

FU

L A

UT

HO

RIT

Y O

F P

UB

LIC

SE

RV

AN

TS

—(c

ont.

)

187

Om

issi

on t

o as

sist

pub

lic

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

one

serv

ant

whe

n bo

und

by l

aw t

ow

itho

ut w

arra

ntco

mpo

unda

ble

mon

th,

or f

ine

of f

our

give

suc

h as

sist

ance

hund

red

ring

git,

or

both

187

Wil

full

y ne

glec

ting

to

aid

ado

.do

.do

.do

.Im

pris

onm

ent

for

six

publ

ic s

erva

nt w

ho d

eman

ds a

idm

onth

s, o

r fi

ne o

f on

ein

the

exe

cuti

on o

f pr

oces

s, t

heth

ousa

nd r

ingg

it,

orpr

even

tion

of

offe

nces

, et

c.bo

th

188

Dis

obed

ienc

e to

an

orde

rdo

.do

.do

.do

.Im

pris

onm

ent

for

one

law

full

y pr

omul

gate

d by

am

onth

, or

fin

e of

fou

rpu

blic

ser

vant

, if

suc

hhu

ndre

d ri

nggi

t, o

rdi

sobe

dien

ce c

ause

s ob

stru

ctio

n,bo

than

noya

nce

or i

njur

y to

per

sons

law

full

y em

ploy

ed

188

If s

uch

diso

bedi

ence

cau

ses

do.

do.

do.

do.

Impr

ison

men

t fo

r si

xda

nger

to

hum

an l

ife,

hea

lth

orm

onth

s, o

r fi

ne o

fsa

fety

, et

c.tw

o th

ousa

nd r

ingg

it,

or b

oth

189

Thr

eate

ning

a p

ubli

c se

rvan

tdo

.do

.do

.do

.Im

pris

onm

ent

for

two

wit

h in

jury

to

him

or

one

inye

ars,

or

fine

, or

bot

hw

hom

he

is i

nter

este

d, t

oin

duce

him

to

do o

r fo

rebe

ar t

odo

any

off

icia

l ac

t

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


190

Thr

eate

ning

any

per

son

todo

.do

.do

.do

.Im

pris

onm

ent

for

one

indu

ce h

im t

o re

frai

n fr

omye

ar,

or f

ine,

or

both

mak

ing

a le

gal

appl

icat

ion

for

prot

ecti

on f

rom

inj

ury

CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E

193

Giv

ing

or f

abri

cati

ng f

alse

Sha

ll n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

rev

iden

ce i

n a

judi

cial

wit

hout

war

rant

com

poun

dabl

ese

ven

year

s, a

nd f

ine

proc

eedi

ng

193

Giv

ing

or f

abri

cati

ng f

alse

do.

do.

do.

do.

Impr

ison

men

t fo

rev

iden

ce i

n an

y ot

her

case

thre

e ye

ars,

and

fin

e

194

Giv

ing

or f

abri

cati

ng f

alse

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

evid

ence

wit

h in

tent

to

caus

etw

enty

yea

rs,

and

fine

any

pers

on t

o be

con

vict

ed o

f a

capi

tal

offe

nce

194

If i

nnoc

ent

pers

on i

s th

ereb

ydo

.do

.do

.do

.D

eath

, or

as

abov

eco

nvic

ted

and

exec

uted

195

Giv

ing

or f

abri

cati

ng f

alse

do.

do.

do.

do.

The

sam

e as

for

the

evid

ence

wit

h in

tent

to

proc

ure

offe

nce

conv

icti

on o

f an

off

ence

puni

shab

le w

ith

impr

ison

men

tfo

r li

fe o

r w

ith

impr

ison

men

tfo

r se

ven

year

s or

upw

ards

196

Usi

ng i

n a

judi

cial

pro

ceed

ing

do.

do.

Acc

ordi

ng a

sdo

.T

he s

ame

as f

orev

iden

ce k

now

n to

be

fals

e or

the

offe

nce

ofgi

ving

or

fabr

icat

ing

fabr

icat

edgi

ving

suc

hfa

lse

evid

ence

evid

ence

is

bail

able

or

not


CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E—

(con

t.)

197

Kno

win

gly

issu

ing

or s

igni

ngS

hall

not

arr

est

War

rant

Bai

labl

eN

otT

he s

ame

as f

ora

fals

e ce

rtif

icat

e re

lati

ng t

ow

itho

ut w

arra

ntco

mpo

unda

ble

givi

ng f

alse

evi

denc

ean

y fa

ct o

f w

hich

suc

h ce

rtif

icat

eis

by

law

adm

issi

ble

in e

vide

nce

198

Usi

ng a

s a

true

cer

tifi

cate

one

do.

do.

do.

do.

do.

know

n to

be

fals

e in

a m

ater

ial

poin

t

199

Fal

se s

tate

men

t m

ade

in a

nydo

.do

.do

.do

.do

.de

clar

atio

n w

hich

is

by l

awre

ceiv

able

as

evid

ence

200

Usi

ng a

s tr

ue a

ny s

uch

do.

do.

do.

do.

do.

decl

arat

ion

know

n to

be

fals

e

201

Cau

sing

dis

appe

aran

ce o

fdo

.do

.do

.do

.Im

pris

onm

ent

for

evid

ence

of

an o

ffen

cese

ven

year

s, a

nd f

ine

com

mit

ted,

or

givi

ng f

alse

info

rmat

ion

touc

hing

it,

to

scre

en t

he o

ffen

der,

if

a ca

pita

lof

fenc

e

201

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

life

or

impr

ison

men

t fo

r te

nth

ree

year

s, a

nd f

ine

year

s

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


201

If p

unis

habl

e w

ith

less

tha

n te

ndo

.do

.do

.do

.Im

pris

onm

ent

for

aye

ars’

im

pris

onm

ent

quar

ter

of t

he l

onge

stte

rm p

rovi

ded

for

the

offe

nce,

or

fine

, or

both

202

Inte

ntio

nal

omis

sion

to

give

do.

Sum

mon

sdo

.do

.Im

pris

onm

ent

for

six

info

rmat

ion

of a

n of

fenc

e by

am

onth

s, o

r fi

ne,

orpe

rson

leg

ally

bou

nd t

o in

form

both

203

Giv

ing

fals

e in

form

atio

ndo

.W

arra

ntdo

.do

.Im

pris

onm

ent

for

two

resp

ecti

ng a

n of

fenc

e co

mm

itte

dye

ars,

or,

fin

e, o

r bo

th

204

Sec

reti

ng o

r de

stro

ying

any

do.

do.

do.

do.

do.

docu

men

t to

pre

vent

its

prod

ucti

on a

s ev

iden

ce

205

Fal

se p

erso

nati

on f

or t

hedo

.do

.do

.do

.Im

pris

onm

ent

for

purp

ose

of a

ny a

ct o

rth

ree

year

s, o

r fi

ne,

orpr

ocee

ding

in

a su

it o

r cr

imin

albo

thpr

osec

utio

n, o

r fo

r be

com

ing

bail

or

secu

rity

206

Fra

udul

ent

rem

oval

or

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

oco

ncea

lmen

t, e

tc.,

of p

rope

rty

year

s, o

r fi

ne,

or b

oth

to p

reve

nt i

ts s

eizu

re a

s a

forf

eitu

re o

r in

sat

isfa

ctio

n of

afi

ne u

nder

sen

tenc

e, o

r in

exec

utio

n of

a d

ecre

e

207

Cla

imin

g pr

oper

ty w

itho

utdo

.do

.do

.do

.do

.ri

ght,

or

prac

tisi

ng d

ecep

tion

touc

hing

any

rig

ht t

o it

, to

prev

ent

its

bein

g ta

ken

as a

forf

eitu

re,

or i

n sa

tisf

acti

on o

f a

fine

und

er s

ente

nce,

or

inex

ecut

ion

of a

dec

ree


CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E—

(con

t.)

208

Fra

udul

entl

y su

ffer

ing

a de

cree

Sha

ll n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

r tw

oto

pas

s fo

r a

sum

not

due

, or

wit

hout

war

rant

com

poun

dabl

eye

ars,

or

fine

, or

bot

hsu

ffer

ing

decr

ee t

o be

exe

cute

daf

ter

it h

as b

een

sati

sfie

d

209

Fal

se c

laim

in

a co

urt

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

oye

ars,

and

fin

e

210

Fra

udul

entl

y ob

tain

ing

a de

cree

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

ofo

r a

sum

not

due

, or

cau

sing

aye

ars,

or

fine

, or

bot

hde

cree

to

be e

xecu

ted

afte

r it

has

been

sat

isfi

ed

211

Fal

se c

harg

e of

off

ence

mad

edo

.do

.do

.do

.do

.w

ith

inte

nt t

o in

jure

211

If o

ffen

ce c

harg

ed i

s ca

pita

l, o

rdo

.do

.do

.do

.Im

pris

onm

ent

for

puni

shab

le w

ith

deat

h,se

ven

year

s, a

nd f

ine

impr

ison

men

t fo

r li

fe,

orim

pris

onm

ent

for

a te

rm n

otle

ss t

han

seve

n ye

ars

212

Har

bour

ing

an o

ffen

der,

if

the

May

arr

est

wit

hout

do.

do.

do.

Impr

ison

men

t fo

rof

fenc

e is

cap

ital

war

rant

five

yea

rs,

and

fine

212

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

life

, or

wit

h im

pris

onm

ent

thre

e ye

ars,

and

fin

efo

r te

n ye

ars

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


212

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

afo

r on

e ye

ar a

nd n

ot f

or t

en y

ears

quar

ter

of t

he l

onge

stte

rm p

rovi

ded

for

the

offe

nce,

or

fine

, or

both

213

Tak

ing

gift

, et

c.,

to s

cree

n an

Sha

ll n

ot a

rres

tdo

.do

.do

.Im

pris

onm

ent

for

offe

nder

fro

m p

unis

hmen

t, i

fw

itho

ut w

arra

ntse

ven

year

s, a

nd f

ine

the

offe

nce

is c

apit

al

213

If p

unis

habl

e w

ith

do.

do.

do.

do.

Impr

ison

men

t fo

rim

pris

onm

ent

for

life

, or

wit

hth

ree

year

s, a

nd f

ine

impr

ison

men

t fo

r te

n ye

ars

213

If w

ith

impr

ison

men

t le

ss t

han

do.

do.

do.

do.

Impr

ison

men

t fo

rte

n ye

ars

a qu

arte

r of

the

long

est

term

prov

ided

for

the

offe

nce,

or

fine

, or

both

214

Off

erin

g gi

ft o

r re

stor

atio

n of

do.

do.

do.

do.

Impr

ison

men

t fo

rpr

oper

ty i

n co

nsid

erat

ion

ofse

ven

year

s, a

nd f

ine

scre

enin

g o

ffen

der

if t

heof

fenc

e is

cap

ital

214

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

life

, or

wit

h im

pris

onm

ent

thre

e ye

ars,

and

fin

efo

r te

n ye

ars

214

If w

ith

impr

ison

men

t fo

r le

ssdo

.do

.do

.do

.Im

pris

onm

ent

for

ath

an t

en y

ears

quar

ter

of t

he l

onge

stte

rm p

rovi

ded

for

the

offe

nce,

or

fine

, or

bot

h

215

Tak

ing

gift

to

help

to

reco

ver

do.

do.

do.

do.

Impr

ison

men

t fo

r tw

om

ovab

le p

rope

rty

of w

hich

aye

ars,

or

fine

, or

bot

hpe

rson

has

bee

n de

priv

ed b

y an

offe

nce,

wit

hout

cau

sing

appr

ehen

sion

of

offe

nder


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E—

(con

t.)

216

Har

bour

ing

an o

ffen

der

who

May

arr

est

wit

hout

War

rant

Bai

labl

eN

otIm

pris

onm

ent

for

has

esca

ped

from

cus

tody

,w

arra

ntco

mpo

unda

ble

seve

n ye

ars,

and

fin

eor

who

se a

ppre

hens

ion

has

been

ord

ered

, if

the

off

ence

is

capi

tal

216

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

life

, or

wit

h im

pris

onm

ent

thre

e ye

ars,

wit

hfo

r th

e ye

ars

or w

itho

ut f

ine

216

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

one

year

, an

d no

t fo

r te

n ye

ars

a qu

arte

r of

the

long

est

term

pro

vide

dfo

r th

e of

fenc

e,or

fin

e, o

r bo

th

216A

Har

bour

ing

robb

ers

or g

ang

do.

do.

do.

do.

Impr

ison

men

t fo

rro

bber

sse

ven

year

s, a

nd f

ine

217

Pub

lic

serv

ant

diso

beyi

ng a

Sha

ll n

ot a

rres

tS

umm

ons

do.

do.

Impr

ison

men

t fo

r tw

odi

rect

ion

of l

aw w

ith

inte

nt t

ow

itho

ut w

arra

ntye

ars,

or

fine

, or

bot

hsa

ve p

erso

n fr

om p

unis

hmen

t or

prop

erty

fro

m f

orfe

itur

e


218

Pub

lic

serv

ant

fram

ing

ando

.W

arra

ntdo

.do

.Im

pris

onm

ent

for

inco

rrec

t re

cord

or

wri

ting

wit

hth

ree

year

s, o

rin

tent

to

save

per

son

from

fine

, or

bot

hpu

nish

men

t or

pro

pert

y fr

omfo

rfei

ture

219

Pub

lic

serv

ant

in a

jud

icia

ldo

.do

.do

.do

.Im

pris

onm

ent

for

proc

eedi

ng c

orru

ptly

mak

ing

orse

ven

year

s, o

r fi

ne,

pron

ounc

ing

an o

rder

, re

port

,or

bot

hve

rdic

t or

dec

isio

n w

hich

he

know

s to

be

cont

rary

to

law

220

Com

mit

men

t fo

r tr

ial

ordo

.do

.do

.do

.Im

pris

onm

ent

for

conf

inem

ent

by a

per

son

havi

ngse

ven

year

s, o

r fi

ne,

auth

orit

y, w

ho k

now

s th

at h

e is

or b

oth

acti

ng c

ontr

ary

to l

aw

221

Inte

ntio

nal

omis

sion

to

do.

do.

do.

do.

Impr

ison

men

t fo

rap

preh

end

on t

he p

art

of a

seve

n ye

ars,

wit

h or

publ

ic s

erva

nt b

ound

by

law

to

wit

hout

fin

eap

preh

end

an o

ffen

der,

if

the

offe

nce

is c

apit

al

221

If p

unis

habl

e w

ith

impr

ison

men

tdo

.do

.do

.do

.Im

pris

onm

ent

for

for

life

, or

im

pris

onm

ent

for

thre

e ye

ars,

wit

h or

ten

year

sw

itho

ut f

ine

221

If w

ith

impr

ison

men

t fo

r le

ssdo

.do

.do

.do

.Im

pris

onm

ent

for

than

ten

yea

rstw

o ye

ars,

wit

h or

wit

hout

fin

e

222

Inte

ntio

nal

omis

sion

to

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

appr

ehen

d on

the

par

t of

atw

enty

yea

rs,

wit

h or

publ

ic s

erva

nt b

ound

by

law

to

wit

hout

fin

eap

preh

end

pers

on u

nder

sent

ence

of

a C

ourt

, if

und

erse

nten

ce o

f de

ath


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E—

(con

t.)

222

If u

nder

sen

tenc

e of

Sha

ll n

ot a

rres

tW

arra

ntN

otN

otIm

pris

onm

ent

for

impr

ison

men

t fo

r tw

enty

yea

rsw

itho

ut w

arra

ntba

ilab

leco

mpo

unda

ble

seve

n ye

ars,

wit

h or

wit

hout

fin

e

222

If u

nder

sen

tenc

e of

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

impr

ison

men

t fo

r le

ss t

han

ten

thre

e ye

ars,

or

fine

, or

year

s, o

r la

wfu

lly

com

mit

ted

tobo

thcu

stod

y

223

Esc

ape

from

con

fine

men

tdo

.S

umm

ons

do.

do.

Impr

ison

men

t fo

r tw

one

glig

entl

y su

ffer

ed b

y a

publ

icye

ars,

or

fine

, or

bot

hse

rvan

t

224

Res

ista

nce

or o

bstr

ucti

on b

y a

May

arr

est

War

rant

do.

do.

do.

pers

on t

o hi

s la

wfu

lw

itho

ut w

arra

ntap

preh

ensi

on

225

Res

ista

nce

or o

bstr

ucti

on t

o th

edo

.do

.N

ot b

aila

ble

do.

do.

law

ful

appr

ehen

sion

of

anot

her

pers

on,

or r

escu

ing

him

fro

mla

wfu

l cu

stod

y

225

If c

harg

e w

ith

an o

ffen

cedo

.do

.do

.do

.Im

pris

onm

ent

for

puni

shab

le w

ith

impr

ison

men

tth

ree

year

s, a

nd f

ine

for

twen

ty y

ears


225

If c

harg

e w

ith

a ca

pita

l of

fenc

edo

.do

.do

.do

.Im

pris

onm

ent

for

seve

n ye

ars,

and

fin

e

225

If t

he p

erso

n is

sen

tenc

ed t

odo

.do

.do

.do

.Im

pris

onm

ent

for

impr

ison

men

t fo

r te

n ye

ars

orse

ven

year

s, a

nd f

ine

upw

ards

225

If u

nder

sen

tenc

e of

dea

thdo

.do

.do

.do

.Im

pris

onm

ent

for

twen

ty y

ears

, an

d fi

ne

225A

Inte

ntio

nal

omis

sion

to

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

appr

ehen

d on

par

t of

a p

ubli

cth

ree

year

s, o

r fi

ne,

orse

rvan

t bo

und

by l

aw t

obo

thap

preh

end

any

pers

on i

n a

case

not

prov

ided

for

in

sect

ion

221,

222

or 2

23

225A

Neg

lige

nt o

mis

sion

to

do s

ame

do.

do.

do.

do.

Impr

ison

men

t fo

rtw

o ye

ars,

or

fine

, or

both

225A

Res

ista

nce

or o

bstr

ucti

on b

y a

do.

Sum

mon

sdo

.do

.Im

pris

onm

ent

for

six

pers

on t

o th

e la

wfu

lm

onth

s, o

r fi

ne,

orap

preh

ensi

on o

f hi

mse

lf o

r an

ybo

thot

her

pers

on i

n a

case

not

othe

rwis

e pr

ovid

ed f

or

225B

Uns

peci

fied

ill

egal

act

or

do.

do.

do.

do.

Fin

e of

fou

r hu

ndre

dom

issi

onri

nggi

t

227

Vio

lati

on o

f co

ndit

ion

ofS

hall

not

arr

est

do.

Not

bai

labl

edo

.P

unis

hmen

t of

rem

issi

on o

f pu

nish

men

tw

itho

ut w

arra

ntor

igin

alse

nten

ce;

or,

if p

art

ofth

e pu

nish

men

t ha

sbe

en u

nder

gone

, th

ere

sidu

e


CH

AP

TE

R X

I—F

AL

SE

EV

IDE

NC

E A

ND

OF

FE

NC

ES

AG

AIN

ST

PU

BL

IC J

US

TIC

E—

(con

t.)

228

Inte

ntio

nal

insu

lt o

rS

hall

not

arr

est

Sum

mon

sB

aila

ble

Not

Impr

ison

men

t fo

r si

xin

terr

upti

on t

o a

publ

icw

itho

ut w

arra

ntco

mpo

unda

ble

mon

ths,

or

fine

of

serv

ant

sitt

ing

in a

nytw

o th

ousa

nd r

ingg

it,

stag

e of

a j

udic

ial

or b

oth

proc

eedi

ng

229

Per

sona

tion

of

an a

sses

sor

do.

do.

do.

do.

Impr

ison

men

t fo

rtw

o ye

ars,

or

fine

, or

both

CH

AP

TE

R X

II—

OF

FE

NC

ES

RE

LA

TIN

G T

O C

OIN

AN

D G

OV

ER

NM

EN

T S

TA

MP

S

231

(Del

eted

)

232

Cou

nter

feit

ing,

or

perf

orm

ing

May

arr

est

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

any

part

of

the

proc

ess

ofw

itho

ut W

arra

ntco

mpo

unda

ble

twen

ty y

ears

, an

d fi

neco

unte

rfei

ting

cur

rent

coi

n

233

(Del

eted

)

234

Mak

ing,

buy

ing

or s

elli

ngdo

.do

.do

.do

.Im

pris

onm

ent

for

inst

rum

ent

for

the

purp

ose

ofse

ven

year

s, a

nd f

ine

coun

terf

eiti

ng c

urre

nt c

oin

235

Pos

sess

ion

of i

nstr

umen

t or

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nm

ater

ial

for

the

purp

ose

ofye

ars,

and

fin

eus

ing

the

sam

e fo

rco

unte

rfei

ting

coi

n

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


236

Abe

ttin

g in

Mal

aysi

a th

edo

.do

.do

.do

.T

he p

unis

hmen

tco

unte

rfei

ting

out

of

Mal

aysi

apr

ovid

ed f

or a

bett

ing

of c

oin

the

coun

terf

eiti

ng o

fsu

ch c

oin

wit

hin

Mal

aysi

a23

7(D

elet

ed)

238

Impo

rt o

r ex

port

of

coun

terf

eits

do.

do.

do.

do.

Impr

ison

men

t fo

rof

cur

rent

coi

n, k

now

ing

the

twen

ty y

ears

, an

d fi

nesa

me

to b

e co

unte

rfei

t

239

(Del

eted

)

240

Del

iver

y of

coi

n, p

osse

ssed

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nw

ith

the

know

ledg

e th

at i

t is

year

s, a

nd f

ine

coun

terf

eit

241

Kno

win

gly

deli

veri

ng t

odo

.do

.do

.do

.Im

pris

onm

ent

for

anot

her

any

coun

terf

eit

coin

as

five

yea

rs,

and

fine

genu

ine

whi

ch,

whe

n fi

rst

poss

esse

d, t

he d

eliv

erer

did

not

know

to

be c

ount

erfe

it

242

(Del

eted

)

243

Pos

sess

ion

of c

urre

nt c

oin

by a

do.

do.

do.

do.

Impr

ison

men

t fo

rpe

rson

who

kne

w i

t to

be

seve

n ye

ars,

and

fin

eco

unte

rfei

t w

hen

he b

ecam

epo

sses

sed

of i

t

246

(Del

eted

)

247

Fra

udul

entl

y di

min

ishi

ng t

hedo

.do

.do

.do

.Im

pris

onm

ent

for

wei

ght

or a

lter

ing

the

seve

n ye

ars,

and

fin

eco

mpo

siti

on o

f cu

rren

t co

in


CH

AP

TE

R X

II—

OF

FE

NC

ES

RE

LA

TIN

G T

O C

OIN

AN

D G

OV

ER

NM

EN

T S

TA

MP

S—

(con

t.)

248

(Del

eted

)

249

Alt

erin

g ap

pear

ance

of

curr

ent

May

arr

est

wit

hout

War

rant

Not

Not

Impr

ison

men

t fo

rco

in w

ith

inte

nt t

hat

it s

hall

war

rant

bail

able

com

poun

dabl

ese

ven

year

s, a

nd f

ine

pass

as

a co

in o

f a

diff

eren

tde

scri

ptio

n

250

(Del

eted

)

251

Del

iver

y of

cur

rent

coi

ndo

.do

.do

.do

.Im

pris

onm

ent

for

ten

poss

esse

d w

ith

the

know

ledg

eye

ars,

and

fin

eth

at i

t is

alt

ered

252

(Del

eted

)

253

Pos

sess

ion

of c

urre

nt c

oin

bydo

.do

.do

.do

.Im

pris

onm

ent

for

a pe

rson

who

kne

w i

t to

be

five

yea

rs,

and

fine

alte

red

whe

n he

bec

ame

poss

esse

d of

it

254

Del

iver

y to

ano

ther

of

coin

as

dodo

dodo

Impr

ison

men

t fo

rge

nuin

e w

hich

, w

hen

firs

tte

n ye

ars,

and

fin

epo

sses

sed,

the

del

iver

er d

idno

t kn

ow t

o be

alt

ered

255

Cou

nter

feit

ing

a G

over

nmen

tdo

.do

.B

aila

ble

do.

Impr

ison

men

t fo

rst

amp

twen

ty y

ears

, an

d fi

ne

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


256

Hav

ing

poss

essi

on o

f an

do.

do.

do.

do.

Impr

ison

men

t fo

rin

stru

men

t or

mat

eria

l fo

r th

ese

ven

year

s, a

nd f

ine

purp

ose

of c

ount

erfe

itin

g a

Gov

ernm

ent

stam

p

257

Mak

ing,

buy

ing

or s

elli

ngdo

.do

.do

.do

.do

.in

stru

men

t fo

r th

e pu

rpos

e of

coun

terf

eiti

ng a

Gov

ernm

ent

stam

p

258

Sal

e of

cou

nter

feit

Gov

ernm

ent

do.

do.

do.

do.

do.

stam

p

259

Hav

ing

poss

essi

on o

f a

do.

do.

do.

do.

do.

coun

terf

eit

Gov

ernm

ent

stam

p

260

Usi

ng a

s ge

nuin

e a

do.

do.

do.

do.

Impr

ison

men

t fo

rG

over

nmen

t st

amp

know

n to

seve

n ye

ars,

or

fine

be c

ount

erfe

itor

bot

h

261

Eff

acin

g an

y w

riti

ng f

rom

ado

.do

.do

.do

.Im

pris

onm

ent

for

subs

tanc

e be

arin

g a

thre

e ye

ars,

or

fine

, or

Gov

ernm

ent

stam

p, o

rbo

thre

mov

ing

from

a d

ocum

ent

ast

amp

used

for

it

wit

h in

tent

to c

ause

los

s to

Gov

ernm

ent

262

Usi

ng a

Gov

ernm

ent

stam

pdo

.do

.do

.do

.Im

pris

onm

ent

for

two

know

n to

hav

e be

en u

sed

year

s, o

r fi

ne,

or b

oth

befo

re

263

Era

sure

of

mar

k de

noti

ng t

hat

do.

do.

do.

do.

Impr

ison

men

t fo

rst

amp

has

been

use

dth

ree

year

s, o

r fi

ne,

orbo

th


CH

AP

TE

R X

III—

OF

FE

NC

ES

RE

LA

TIN

G T

O W

EIG

HT

S A

ND

ME

AS

UR

ES

264

Fra

udul

ent

use

of f

alse

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

one

inst

rum

ent

for

wei

ghin

gw

itho

ut w

arra

ntco

mpo

unda

ble

year

, or

fin

e, o

r bo

th

265

Fra

udul

ent

use

of f

alse

wei

ght

do.

do.

do.

do.

do.

or m

easu

re

266

Bei

ng i

n po

sses

sion

of

fals

edo

.do

.do

.do

.do

.w

eigh

ts o

r m

easu

res

for

frau

dule

nt u

se

267

Mak

ing

or s

elli

ng f

alse

do.

do.

do.

do.

do.

wei

ghts

or

mea

sure

s fo

rfr

audu

lent

use

CH

AP

TE

R X

IV—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E P

UB

LIC

HE

AL

TH

, S

AF

ET

Y,

CO

NV

EN

IEN

CE

, D

EC

EN

CY

AN

D M

OR

AL

S

269

Neg

lige

ntly

doi

ng a

ny a

ctM

ay a

rres

tS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

six

know

n to

be

like

ly t

o sp

read

wit

hout

war

rant

com

poun

dabl

em

onth

s, o

r fi

ne,

orin

fect

ion

of a

ny d

isea

sebo

thda

nger

ous

to l

ife

270

Mal

igna

ntly

doi

ng a

ny a

ctdo

.do

.do

.do

.Im

pris

onm

ent

for

two

know

n to

be

like

ly t

o sp

read

year

s, o

r fi

ne o

r bo

thin

fect

ion

of a

ny d

isea

seda

nger

ous

to l

ife

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


271

Kno

win

gly

diso

beyi

ng a

nyS

hall

not

arr

est

do.

do.

do.

Impr

ison

men

t fo

r si

xqu

aran

tine

rul

ew

itho

ut w

arra

ntm

onth

s, o

r fi

ne,

orbo

th

272

Adu

lter

atin

g fo

od o

r dr

ink

do.

do.

do.

do.

Impr

ison

men

t fo

r si

xin

tend

ed f

or s

ale

so a

s to

mon

ths,

or

fine

of

mak

e th

e sa

me

noxi

ous

two

thou

sand

rin

ggit

,or

bot

h

273

Sel

ling

any

foo

d or

dri

nk a

sdo

.do

.do

.do

.do

.fo

od a

nd d

rink

kno

win

g th

esa

me

to b

e no

xiou

s

274

Adu

lter

atin

g an

y dr

ug o

rdo

.do

.do

.do

.do

.m

edic

al p

repa

rati

on i

nten

ded

for

sale

so

as t

o le

ssen

its

effi

cacy

, or

to

chan

ge i

tsop

erat

ion,

or

to m

ake

itno

xiou

s

275

Off

erin

g fo

r sa

le,

or i

ssui

ngdo

.do

.do

.do

.do

.fr

om a

dis

pens

ary

any

drug

or

med

ical

pre

para

tion

kno

wn

toha

ve b

een

adul

tera

ted

276

Kno

win

gly

sell

ing

or i

ssui

ngdo

.do

.do

.do

.do

.fr

om a

dis

pens

ary

any

drug

or

med

ical

pre

para

tion

as

adi

ffer

ent

drug

or

med

ical

prep

arat

ion

277

Def

ilin

g th

e w

ater

of

a pu

blic

May

arr

est

do.

do.

do.

Impr

ison

men

t fo

rsp

ring

or

rese

rvoi

rw

itho

ut w

arra

ntth

ree

mon

ths,

or

fine

of o

ne t

hous

and

ring

git,

or

both


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

IV—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E P

UB

LIC

HE

AL

TH

, S

AF

ET

Y,

CO

NV

EN

IEN

CE

, D

EC

EN

CY

AN

D M

OR

AL

S—

(con

t.)

278

Mak

ing

atm

osph

ere

noxi

ous

toS

hall

not

arr

est

Sum

mon

sB

aila

ble

Not

Fin

e of

one

tho

usan

dhe

alth

wit

hout

war

rant

com

poun

dabl

eri

nggi

t

279

Dri

ving

or

ridi

ng o

n a

publ

icM

ay a

rres

tdo

.do

.do

.Im

pris

onm

ent

for

six

way

so

rash

ly o

r ne

glig

entl

yw

itho

ut w

arra

ntm

onth

s, o

r fi

ne o

fas

to

enda

nger

hum

an l

ife,

etc

.tw

o th

ousa

nd r

ingg

it,

or b

oth

280

Nav

igat

ing

any

vess

el s

odo

.do

.do

.do

.do

.ra

shly

or

negl

igen

tly

as t

oen

dang

er h

uman

lif

e, e

tc.

281

Exh

ibit

ion

of a

fal

se l

ight

,do

.W

arra

ntdo

.do

.Im

pris

onm

ent

for

mar

k or

buo

yse

ven

year

s, o

r fi

ne,

or b

oth

282

Con

veyi

ng f

or h

ire

any

do.

Sum

mon

sdo

.do

.Im

pris

onm

ent

for

six

pers

on b

y w

ater

in

a ve

ssel

mon

ths,

or

fine

of

in s

uch

a st

ate

or s

o lo

aded

two

thou

sand

rin

ggit

,as

to

enda

nger

his

lif

eor

bot

h

283

Cau

sing

dan

ger,

obs

truc

tion

or

do.

do.

do.

do.

Fin

e of

fou

r hu

ndre

din

jury

in

any

publ

ic w

ay o

r li

neri

nggi

tof

nav

igat

ion


284

Dea

ling

wit

h an

y po

ison

ous

Sha

ll n

ot a

rres

tdo

.do

.do

.Im

pris

onm

ent

for

six

subs

tanc

e so

as

to e

ndan

ger

wit

hout

war

rant

mon

ths,

or

fine

of

hum

an l

ife,

etc

.tw

o th

ousa

nd r

ingg

it,

or b

oth

285

Dea

ling

wit

h fi

re o

r an

yM

ay a

rres

tS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

six

com

bust

ible

mat

ter

so a

s to

wit

hout

war

rant

Com

poun

dabl

em

onth

s, o

r fi

ne o

fen

dang

er h

uman

lif

e, e

tc.

two

thou

sand

rin

ggit

,or

bot

h

286

So

deal

ing

wit

h an

y ex

plos

ive

do.

do.

do.

do.

do.

subs

tanc

e

287

So

deal

ing

wit

h an

yS

hall

not

arr

est

do.

do.

do.

do.

mac

hine

ryw

itho

ut w

arra

nt

288

A p

erso

n om

itti

ng t

o gu

ard

do.

do.

do.

do.

do.

agai

nst

prob

able

dan

ger

tohu

man

lif

e by

the

fal

l of

any

buil

ding

ove

r w

hich

he

has

ari

ght

enti

tlin

g hi

m t

o pu

t it

dow

n or

rep

air

it

289

A p

erso

n om

itti

ng t

o ta

ke o

rder

May

arr

est

wit

hout

do.

do.

do.

do.

wit

h an

y an

imal

in

his

war

rant

poss

essi

on s

o as

to

guar

dag

ains

t da

nger

to

hum

an l

ife

or o

f gr

ievo

us h

urt

from

such

ani

mal

290

Com

mit

ting

a p

ubli

c nu

isan

ceS

hall

not

arr

est

do.

do.

do.

Fin

e of

fou

r hu

ndre

dw

itho

ut w

arra

ntri

nggi

t

291

Con

tinu

ance

of

nuis

ance

aft

erM

ay a

rres

tdo

.do

.do

.Im

pris

onm

ent

for

six

inju

ncti

on t

o di

scon

tinu

ew

itho

ut w

arra

ntm

onth

s, o

r fi

ne,

or b

oth


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

IV—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E P

UB

LIC

HE

AL

TH

, S

AF

ET

Y,

CO

NV

EN

IEN

CE

, D

EC

EN

CY

AN

D M

OR

AL

S—

(con

t.)

292

Sal

e, e

tc.,

of o

bsce

ne o

bjec

tsM

ay a

rres

t w

itho

utW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

rto

you

ng p

erso

nw

arra

ntco

mpo

unda

ble

thre

e ye

ars,

or

fine

, or

both

293

Hav

ing

in p

osse

ssio

n ob

scen

edo

.do

.do

.do

.Im

pris

onm

ent

for

book

s, e

tc.,

for

sale

or

five

yea

rs,

or f

ine,

or

exhi

biti

onbo

th

294

Obs

cene

son

gsdo

.do

.do

.do

.Im

pris

onm

ent

for

thre

e m

onth

s, o

r fi

ne,

or b

oth

CH

AP

TE

R X

V—

OF

FE

NC

ES

RE

LA

TIN

G T

O R

EL

IGIO

N

295

Des

troy

ing,

dam

agin

g or

May

arr

est

Sum

mon

sB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent

for

two

defi

ling

a p

lace

of

wor

ship

or

wit

hout

war

rant

year

s, o

r fi

ne,

or b

oth

sacr

ed o

bjec

t w

ith

inte

nt t

oin

sult

the

rel

igio

n of

any

clas

s of

per

sons

296

Cau

sing

a d

istu

rban

ce t

o an

do.

do.

do.

do.

Impr

ison

men

t fo

r on

eas

sem

bly

enga

ged

in r

elig

ious

year

, or

fin

e, o

r bo

thw

orsh

ip


297

Tre

spas

sing

in

plac

e of

do.

do.

do.

do.

Impr

ison

men

t fo

r on

ew

orsh

ip o

r se

pulc

hre,

year

, or

fin

e, o

r bo

thdi

stur

bing

fun

eral

wit

hin

tent

ion

to w

ound

the

feel

ings

or

to i

nsul

t th

ere

ligi

on o

f an

y pe

rson

,or

offe

ring

ind

igni

ty t

o a

hum

an c

orps

e

298

Utt

erin

g an

y w

ord

or m

akin

gS

hall

not

arr

est

do.

do.

do.

do.

any

soun

d in

the

hea

ring

, or

wit

hout

war

rant

mak

ing

any

gest

ure

or p

laci

ngan

y ob

ject

in

the

sigh

t of

any

pers

on w

ith

inte

ntio

n to

wou

nd h

is r

elig

ious

fee

ling

298A

Cau

sing

, et

c.,

dish

arm

ony,

May

arr

est

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

disu

nity

, or

fee

ling

s of

wit

hout

war

rant

com

poun

dabl

efi

ve y

ears

enm

ity,

hat

red

or i

ll-w

ill

orpr

ejud

icin

g, e

tc.,

the

mai

nten

ance

of

harm

ony

orun

ity

on g

roun

ds o

f re

ligi

on

CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

Off

ence

s A

ffec

ting

Lif

e

302

Mur

der

May

arr

est

War

rant

Not

bai

labl

eN

otD

eath

wit

hout

war

rant

com

poun

dabl

e

304

Cul

pabl

e ho

mic

ide

not

do.

do.

do.

do.

Impr

ison

men

t fo

ram

ount

ing

to m

urde

r, i

f ac

ttw

enty

yea

rs,

and

fine

by w

hich

the

dea

th i

s ca

used

is d

one

wit

h in

tent

ion

of c

ausi

ng d

eath

, et

c.


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Off

ence

s A

ffec

ting

Lif

e—(c

ont.

)

304

If a

ct i

s do

ne w

ith

know

ledg

eM

ay a

rres

t w

itho

utW

arra

ntN

otN

otIm

pris

onm

ent

for

ten

that

it

is l

ikel

y to

cau

se d

eath

,w

arra

ntba

ilab

leco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

but

wit

hout

any

int

enti

on t

oca

use

deat

h, e

tc.

304A

Cau

sing

dea

th b

y ra

sh o

rdo

.do

.B

aila

ble

do.

Impr

ison

men

t fo

r tw

one

glig

ent

act

year

s, o

r fi

ne,

or b

oth

305

Abe

tmen

t of

sui

cide

do.

do.

Not

bai

labl

edo

.D

eath

, or

com

mit

ted

by a

chi

ld,

orim

pris

onm

ent

for

insa

ne o

r de

liri

ous

pers

on,

ortw

enty

yea

rs,

and

fine

an i

diot

, or

a p

erso

nin

toxi

cate

d

306

Abe

ttin

g th

e co

mm

issi

on o

fdo

.do

.do

.do

.Im

pris

onm

ent

for

ten

suic

ide

year

s, a

nd f

ine

307

Att

empt

to

mur

der

do.

do.

do.

do.

do.

307

If s

uch

act

caus

e hu

rt t

o an

ydo

.do

.do

.do

.Im

pris

onm

ent

for

pers

ontw

enty

yea

rs

307

Att

empt

by

life

con

vict

to

do.

do.

do.

do.

Dea

thm

urde

r, i

f hu

rt i

s ca

used


308

Att

empt

to

com

mit

cul

pabl

edo

.do

.B

aila

ble

do.

Impr

ison

men

t fo

rho

mic

ide

thre

e ye

ars,

or

fine

, or

both

308

If s

uch

act

caus

e hu

rt t

o an

ydo

.do

.do

.do

.Im

pris

onm

ent

for

pers

onse

ven

year

s, o

r fi

ne,

or b

oth

309

Att

empt

to

com

mit

sui

cide

do.

do.

do.

do.

Impr

ison

men

t fo

r on

eye

ar,

or f

ine,

or

both

309B

Infa

ntic

ide

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

twen

ty y

ears

, an

d fi

ne

Cau

sing

Mis

carr

iage

; In

juri

es t

o U

nbor

n C

hild

ren;

Exp

osur

e of

Inf

ants

; an

d C

once

alm

ent

of B

irth

s

312

Cau

sing

mis

carr

iage

Sha

ll n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

rw

itho

ut w

arra

ntco

mpo

unda

ble

thre

e ye

ars,

or

fine

, or

both

312

If t

he w

oman

is

quic

k w

ith

do.

do.

do.

do.

Impr

ison

men

t fo

rch

ild

seve

n ye

ars,

and

fin

e

313

Cau

sing

mis

carr

iage

wit

hout

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

wom

an’s

con

sent

twen

ty y

ears

, an

d fi

ne

314

Dea

th c

ause

d by

an

act

done

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nw

ith

inte

nt t

o ca

use

year

s, a

nd f

ine

mis

carr

iage

314

If a

ct d

one

wit

hout

wom

an’s

do.

do.

do.

do.

Impr

ison

men

t fo

rco

nsen

ttw

enty

yea

rs

315

Act

don

e w

ith

inte

nt t

odo

.do

.do

.do

.Im

pris

onm

ent

for

ten

prev

ent

a ch

ild

bein

g bo

rnye

ars,

or

fine

, or

bot

hal

ive,

or

to c

ause

it

to d

ieaf

ter

its

birt

h


CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Cau

sing

Mis

carr

iage

; In

juri

es t

o U

nbor

n C

hild

ren;

Exp

osur

e of

Inf

ants

; an

d C

once

alm

ent

of B

irth

s—(c

ont.

)

316

Cau

sing

dea

th o

f a

quic

kS

hall

not

arr

est

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

ten

unbo

rn c

hild

by

an a

ctw

itho

ut w

arra

ntco

mpo

unda

ble

year

s, a

nd f

ine

amou

ntin

g to

cul

pabl

eho

mic

ide

317

Exp

osur

e of

a c

hild

und

erM

ay a

rres

tdo

.B

aila

ble

do.

Impr

ison

men

t fo

rtw

elve

yea

rs o

f ag

e by

par

ent

wit

hout

war

rant

seve

n ye

ars,

or

fine

,or

per

son

havi

ng c

are

of i

t,or

bot

hw

ith

inte

ntio

n of

who

lly

aban

doni

ng i

t

318

Con

ceal

men

t of

bir

th b

ydo

.do

.do

.do

.Im

pris

onm

ent

for

two

secr

et d

ispo

sal

of d

ead

body

year

s, o

r fi

ne,

or b

oth

Hur

t

323

Vol

unta

rily

cau

sing

hur

tS

hall

not

arr

est

Sum

mon

sB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent

for

one

wit

hout

war

rant

year

, or

fin

e of

tw

oth

ousa

nd r

ingg

it,

orbo

th

324

Vol

unta

rily

cau

sing

hur

t by

May

arr

est

wit

hout

do.

do.

Not

Impr

ison

men

t fo

rda

nger

ous

wea

pons

or

mea

nsw

arra

ntco

mpo

unda

ble

thre

e ye

ars,

or

fine

, or

whi

ppin

g, o

r an

y tw

oof

suc

h pu

nish

men

t

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


325

Vol

unta

rily

cau

sing

gri

evou

sdo

.do

.do

.C

ompo

unda

ble

Impr

ison

men

t fo

rhu

rtw

hen

seve

n ye

ars,

and

fin

epe

rmis

sion

is

give

n

326

Vol

unta

rily

cau

sing

gri

evou

sdo

.do

.N

ot b

aila

ble

Not

Impr

ison

men

t fo

rhu

rt b

y da

nger

ous

wea

pons

com

poun

dabl

etw

enty

yea

rs,

and

fine

or m

eans

or w

hipp

ing

327

Vol

unta

rily

cau

sing

hur

t to

do.

War

rant

do.

do.

Impr

ison

men

t fo

r te

nex

tort

pro

pert

y or

a v

alua

ble

year

s, a

nd f

ine

orse

curi

ty,

or t

o co

nstr

ain

to d

ow

hipp

ing

anyt

hing

whi

ch i

s il

lega

l or

whi

ch m

ay f

acil

itat

e th

eco

mm

issi

on o

f an

off

ence

328

Adm

inis

teri

ng s

tupe

fyin

gdo

.do

.do

.do

.Im

pris

onm

ent

for

ten

drug

wit

h in

tent

to

caus

e hu

rt,

year

s, a

nd f

ine

etc.

329

Vol

unta

rily

cau

sing

gri

evou

sdo

.do

.do

.do

.Im

pris

onm

ent

for

hurt

to

exto

rt p

rope

rty

or a

twen

ty y

ears

, an

d fi

neva

luab

le s

ecur

ity,

or

toor

whi

ppin

gco

nstr

ain

to d

o an

ythi

ngw

hich

is

ille

gal

or w

hich

may

fac

ilit

ate

the

com

mis

sion

of a

n of

fenc

e

330

Vol

unta

rily

cau

sing

hur

t to

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

exto

rt c

onfe

ssio

n or

seve

n ye

ars,

and

fin

ein

form

atio

n, o

r to

com

pel

rest

orat

ion

of p

rope

rty,

etc

.

331

Vol

unta

rily

cau

sing

gri

evou

sdo

.do

.N

ot b

aila

ble

do.

Impr

ison

men

t fo

r te

nhu

rt t

o ex

tort

con

fess

ion

orye

ars,

and

fin

ein

form

atio

n, o

r to

com

pel

rest

orat

ion

of p

rope

rty,

etc

.


CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Hur

t—(c

ont.

)

332

Vol

unta

rily

cau

sing

hur

t to

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

dete

r pu

blic

ser

vant

fro

m h

isth

ree

year

s, o

r fi

ne,

ordu

tybo

th

333

Vol

unta

rily

cau

sing

gri

evou

sdo

.do

.N

ot b

aila

ble

do.

Impr

ison

men

t fo

r te

nhu

rt t

o de

ter

publ

ic s

erva

ntye

ars,

and

fin

efr

om h

is d

uty

334

Vol

unta

rily

cau

sing

hur

t on

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t fo

r on

egr

ave

and

sudd

en p

rovo

cati

on,

wit

hout

war

rant

mon

th,

or f

ine

of o

neno

t in

tend

ing

to h

urt

any

thou

sand

rin

ggit

, or

othe

r th

an t

he p

erso

n w

hobo

thga

ve t

he p

rovo

cati

on

335

Cau

sing

gri

evou

s hu

rt o

nM

ay a

rres

tdo

.do

.C

ompo

unda

ble

Impr

ison

men

t fo

rgr

ave

and

sudd

en p

rovo

cati

on,

wit

hout

war

rant

whe

nfo

ur y

ears

, or

fin

e of

not

inte

ndin

g to

hur

t an

ype

rmis

sion

is

four

tho

usan

d ri

nggi

t,ot

her

than

the

per

son

who

give

n or

both

gave

the

pro

voca

tion

336

Doi

ng a

ny a

ct w

hich

do.

do.

do.

Not

Impr

ison

men

t fo

ren

dang

ers

hum

an l

ife

or t

heco

mpo

unda

ble

thre

e m

onth

s, o

r fi

nepe

rson

al s

afet

y of

oth

ers

of f

ive

hund

red

ring

git,

or

both

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


337

Cau

sing

hur

t by

an

act

do.

do.

do.

Com

poun

dabl

eIm

pris

onm

ent

for

six

whi

ch e

ndan

gers

hum

anw

hen

mon

ths,

or

fine

of

one

life

, et

c.pe

rmis

sion

thou

sand

rin

ggit

, or

is g

iven

both

338

Cau

sing

gri

evou

s hu

rt b

ydo

.do

.do

.do

.Im

pris

onm

ent

for

two

an a

ct w

hich

end

ange

rsye

ars,

or

fine

of

two

hum

an l

ife,

etc

.th

ousa

nd r

ingg

it,

orbo

thW

rong

ful

Res

trai

nt a

nd W

rong

ful

Con

fine

men

t

341

Wro

ngly

res

trai

ning

any

May

arr

est

wit

hout

Sum

mon

sB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent

for

one

pers

onw

arra

ntm

onth

, or

fin

e of

one

thou

sand

rin

ggit

, or

both

342

Wro

ngly

con

fini

ng a

nydo

.do

.do

.do

.Im

pris

onm

ent

for

one

pers

onye

ar,

or f

ine

of t

wo

thou

sand

rin

ggit

, or

both

343

Wro

ngfu

lly

conf

inin

g fo

rdo

.do

.do

.N

otIm

pris

onm

ent

for

two

thre

e or

mor

e da

ysco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

344

Wro

ngfu

lly

conf

inin

g fo

rdo

.do

.do

.do

.Im

pris

onm

ent

for

ten

or m

ore

days

thre

e ye

ars,

and

fin

e

345

Kee

ping

any

per

son

inS

hall

not

arr

est

do.

do.

do.

Impr

ison

men

t fo

r tw

ow

rong

ful

conf

inem

ent,

wit

hout

war

rant

year

s, i

n ad

diti

on t

okn

owin

g th

at a

wri

t ha

sim

pris

onm

ent

unde

rbe

en i

ssue

d fo

r hi

san

y ot

her

sect

ion

libe

rati

on

346

Wro

ngfu

l co

nfin

emen

t in

May

arr

est

wit

hout

do.

do.

do.

do.

secr

etw

arra

nt

347

Wro

ngfu

l co

nfin

emen

t fo

rdo

.do

.do

.do

.Im

pris

onm

ent

for

the

purp

ose

of e

xtor

ting

thre

e ye

ars,

and

fin

epr

oper

ty,o

r co

nstr

aini

ngto

an

ille

gal

act,

etc

.


CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Wro

ngfu

l R

estr

aint

and

Wro

ngfu

l C

onfi

nem

ent—

(con

t.)

348

Wro

ngfu

l co

nfin

emen

t fo

rM

ay a

rres

t w

itho

utS

umm

ons

Bai

labl

eN

otIm

pris

onm

ent

for

the

purp

ose

of e

xtor

ting

war

rant

com

poun

dabl

eth

ree

year

s, a

nd f

ine

conf

essi

on o

r in

form

atio

n,or

of

com

pell

ing

rest

orat

ion

of p

rope

rty,

etc

.C

rim

inal

For

ce a

nd A

ssau

lt

352

Ass

ault

or

use

of c

rim

inal

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t fo

rfo

rce

othe

rwis

e th

an o

nw

itho

ut w

arra

ntth

ree

mon

ths,

or

fine

grav

e pr

ovoc

atio

nof

one

tho

usan

dri

nggi

t, o

r bo

th

353

Ass

ault

or

use

of c

rim

inal

May

arr

est

wit

hout

War

rant

do.

Not

Impr

ison

men

t fo

r tw

ofo

rce

to d

eter

a p

ubli

cw

arra

ntco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

serv

ant

from

dis

char

ge o

fhi

s du

ty

354

Ass

ault

or

use

of c

rim

inal

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nfo

rce

to a

wom

an w

ith

inte

ntye

ars,

or

fine

, or

to o

utra

ge h

er m

odes

tyw

hipp

ing,

or

any

two

of s

uch

puni

shm

ents

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


355

Ass

ault

or

crim

inal

for

ceS

hall

not

arr

est

Sum

mon

sdo

.C

ompo

unda

ble

Impr

ison

men

t fo

r tw

ow

ith

inte

nt t

o di

shon

our

aw

itho

ut w

arra

ntye

ars,

or

fine

, or

bot

hpe

rson

, ot

herw

ise

than

on

grav

e an

d su

dden

prov

ocat

ion

356

Ass

ault

or

crim

inal

for

ce i

nM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

r tw

oat

tem

pt t

o co

mm

it t

heft

of

war

rant

com

poun

dabl

eye

ars,

or

fine

, or

prop

erty

wor

n or

car

ried

by

whi

ppin

g, o

r an

y tw

oa

pers

onof

suc

h pu

nish

men

ts

357

Ass

ault

or

use

of c

rim

inal

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

one

forc

e in

att

empt

wro

ngfu

lly

year

, or

fin

e of

tw

oto

con

fine

a p

erso

nth

ousa

nd r

ingg

it,

orbo

th

358

Ass

ault

or

use

of c

rim

inal

Sha

ll n

ot a

rres

tS

umm

ons

do.

Com

poun

dabl

eIm

pris

onm

ent

for

one

forc

e on

gra

ve a

nd s

udde

nw

itho

ut w

arra

ntm

onth

, or

fin

e of

fou

rpr

ovoc

atio

nhu

ndre

d ri

nggi

t, o

rbo

th

Kid

napp

ing,

Abd

ucti

on,

Slav

ery

and

For

ced

Lab

our

363

Kid

napp

ing

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

war

rant

com

poun

dabl

ese

ven

year

s, a

nd f

ine

364

Kid

napp

ing

or a

bduc

ting

in

do.

do.

do.

do.

Dea

th,

oror

der

to m

urde

rim

pris

onm

ent

for

twen

ty y

ears

, an

dw

hipp

ing

365

Kid

napp

ing

or a

bduc

ting

do.

do.

do.

do.

Impr

ison

men

t fo

rw

ith

inte

nt s

ecre

tly

and

seve

n ye

ars,

and

fin

ew

rong

full

y to

con

fine

ape

rson

366

Kid

napp

ing

or a

bduc

ting

ado

.do

.do

.do

.Im

pris

onm

ent

for

ten

wom

an t

o co

mpe

l he

rye

ars,

and

fin

em

arri

age

or t

o ca

use

her

defi

lem

ent,

etc

.


CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Kid

napp

ing,

Abd

ucti

on,

Slav

ery

and

For

ced

Lab

our—

(con

t.)

367

Kid

napp

ing

or a

bduc

ting

in

May

arr

est

wit

hout

War

rant

Not

Not

Impr

ison

men

t fo

r te

nor

der

to s

ubje

ct a

per

son

tow

arra

ntba

ilab

leco

mpo

unda

ble

year

s, a

nd f

ine

grie

vous

hur

t, s

lave

ry,

etc.

368

Con

ceal

ing

or k

eepi

ng i

ndo

.do

.do

.do

.P

unis

hmen

t fo

rco

nfin

emen

t a

kidn

appe

dki

dnap

ping

or

pers

onab

duct

ion

369

Kid

napp

ing

or a

bduc

ting

ado

.do

.do

.do

.Im

pris

onm

ent

for

chil

d w

ith

inte

nt t

o ta

kese

ven

year

s, a

nd f

ine

prop

erty

fro

m t

he p

erso

n of

the

chil

d

370

Buy

ing

or d

ispo

sing

of

any

Sha

ll n

ot a

rres

tdo

.B

aila

ble

do.

do.

pers

on a

s a

slav

ew

itho

ut w

arra

nt

371

Hab

itua

l de

alin

g in

sla

ves

May

arr

est

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

wit

hout

war

rant

twen

ty y

ears

, an

d fi

ne

372

Exp

loit

ing

any

pers

on f

ordo

.do

.do

.do

.Im

pris

onm

ent

for

purp

oses

of

pros

titu

tion

fift

een

year

s an

dw

hipp

ing,

and

fin

e

372A

.P

erso

ns l

ivin

g on

or

trad

ing

do.

do.

do.

do.

do.

in p

rost

itut

ion

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


372B

.S

olic

itin

g fo

r pu

rpos

esdo

.do

.do

.do

.Im

pris

onm

ent

for

one

of p

rost

itut

ion

year

, or

fin

e, o

r bo

th

373

Sup

pres

sion

of

brot

hels

do.

do.

do.

do.

Impr

ison

men

t fo

rfi

ftee

n ye

ars,

and

fin

e

374

Unl

awfu

l co

mpu

lsor

y la

bour

do.

do.

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t fo

r on

eye

ar,

or f

ine,

or

both

Rap

e, I

nces

t an

d U

nnat

ural

Off

ence

s

376

Rap

eM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

r no

tw

arra

ntco

mpo

unda

ble

less

tha

n fi

ve y

ears

and

not

mor

e th

an t

wen

tyye

ars,

and

whi

ppin

g

376B

Ince

stdo

.do

.do

.do

.Im

pris

onm

ent

for

not

less

tha

n si

xye

ars

and

not

mor

eth

an t

wen

ty y

ears

,an

d w

hipp

ing

377

Bug

gery

wit

h an

ani

mal

do.

do.

do.

do.

Impr

ison

men

t fo

rtw

enty

yea

rs,

and

fine

, or

whi

ppin

g

377B

Car

nal

inte

rcou

rse

agai

nst

do.

do.

do.

do.

Impr

ison

men

t fo

rth

e or

der

of n

atur

etw

enty

yea

rs,

and

whi

ppin

g

377C

Car

nal

inte

rcou

rse

agai

nst

do.

do.

do.

do.

Impr

ison

men

t fo

r no

tth

e or

der

of n

atur

e w

itho

utle

ss t

han

five

yea

rs,

cons

ent,

etc

.an

d no

t m

ore

than

twen

ty y

ears

, an

dw

hipp

ing

377D

Out

rage

on

dece

ncy

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

two

war

rant

com

poun

dabl

eye

ars


CH

AP

TE

R X

VI—

OF

FE

NC

ES

AF

FE

CT

ING

TH

E H

UM

AN

BO

DY

—(c

ont.

)

Rap

e, I

nces

t an

d U

nnat

ural

Off

ence

s—(c

ont.

)

377E

Inci

ting

a c

hild

to

an a

ct o

fM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rgr

oss

inde

cenc

yw

arra

ntco

mpo

unda

ble

five

yea

rs,

and

whi

ppin

g

CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y

The

ft

379

The

ftM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rw

arra

ntco

mpo

unda

ble

seve

n ye

ars,

or

fine

,or

bot

h; f

or a

sec

ond

or s

ubse

quen

t of

fenc

eim

pris

onm

ent,

and

fine

, or

whi

ppin

g

379A

(1)

Pun

ishm

ent

for

thef

t of

ado

.do

.do

.do

.Im

pris

onm

ent

for

not

mot

or v

ehic

lele

ss t

han

one

year

and

not

mor

e th

an s

even

year

s, a

nd f

ine

380

The

ft i

n a

buil

ding

, te

nt,

ordo

.do

.do

.do

.Im

pris

onm

ent

for

ten

vess

elye

ars,

and

fin

e; f

or a

seco

nd o

r su

bseq

uent

offe

nce

impr

ison

men

t,an

d fi

ne,

or w

hipp

ing

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


381

The

ft b

y cl

erk

or s

erva

nt o

fdo

.do

.do

.do

.Im

pris

onm

ent

for

prop

erty

in

poss

essi

on o

fse

ven

year

s, a

nd f

ine

mas

ter

or e

mpl

oyer

382

The

ft,

prep

arat

ion

havi

ngdo

.do

.do

.do

.Im

pris

onm

ent

for

ten

been

mad

e fo

r ca

usin

g de

ath

year

s, a

nd f

ine,

or

or h

urt,

or

rest

rain

t, o

r fe

arw

hipp

ing

of d

eath

, or

of

hurt

or

ofre

stra

int,

in

orde

r to

the

com

mit

ting

of

such

the

ft o

rto

ret

irin

g af

ter

com

mit

ting

it,

or t

o re

tain

ing

prop

erty

take

n by

it

Ext

orti

on

384

Ext

orti

onM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

r te

nw

arra

ntco

mpo

unda

ble

year

s, o

r fi

ne,

orw

hipp

ing,

or

any

two

of s

uch

puni

shm

ents

385

Put

ting

or

atte

mpt

ing

to p

utdo

.do

.do

.do

.Im

pris

onm

ent

for

in f

ear

of i

njur

y, i

n or

der

tose

ven

year

s, a

nd f

ine,

com

mit

ext

orti

onor

whi

ppin

g

386

Ext

orti

on b

y pu

ttin

g a

pers

ondo

.do

.do

.do

.Im

pris

onm

ent

for

in f

ear

of d

eath

or

grie

vous

four

teen

yea

rs,

and

hurt

fine

, or

whi

ppin

g

387

Put

ting

or

atte

mpt

ing

to p

utdo

.do

.do

.do

.Im

pris

onm

ent

for

ten

a pe

rson

in

fear

of

deat

h or

year

s, a

nd f

ine

orgr

ievo

us h

urt,

in

orde

r to

whi

ppin

gco

mm

it e

xtor

tion


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y

Ext

orti

on—

(con

t.)

388

Ext

orti

on b

y th

reat

of

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

ten

accu

sati

on o

f an

off

ence

war

rant

com

poun

dabl

eye

ars,

and

fin

e or

puni

shab

le w

ith

deat

h,w

hipp

ing;

if

the

impr

ison

men

t fo

r li

fe,

orof

fenc

e th

reat

ened

be

impr

ison

men

t fo

r te

n ye

ars

an u

nnat

ural

off

ence

,im

pris

onm

ent

for

twen

ty y

ears

389

Put

ting

a p

erso

n in

fea

r of

do.

do.

do.

do.

do.

accu

sati

on o

f of

fenc

epu

nish

able

wit

h de

ath,

impr

ison

men

t fo

r li

fe,

orw

ith

impr

ison

men

t fo

r te

nye

ars,

in

orde

r to

com

mit

exto

rtio

n

Rob

bery

and

Gan

g R

obbe

ry

392

Rob

bery

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

ten

war

rant

com

poun

dabl

eye

ars,

and

fin

e

392

If c

omm

itte

d on

the

hig

hway

do.

do.

do.

do.

Impr

ison

men

t fo

rbe

twee

n su

nset

and

sun

rise

four

teen

yea

rs,

and

fine

, or

whi

ppin

g


393

Att

empt

to

com

mit

rob

bery

do.

do.

do.

do.

Impr

ison

men

t fo

rse

ven

year

s, a

nd f

ine

394

Per

son

volu

ntar

ily

caus

ing

do.

do.

do.

do.

Impr

ison

men

t fo

rhu

rt i

n co

mm

itti

ng o

rtw

enty

yea

rs,

and

atte

mpt

ing

to c

omm

itfi

ne,

or w

hipp

ing

robb

ery,

or

any

othe

r pe

rson

join

tly

conc

erne

d in

the

robb

ery

395

Gan

g ro

bber

ydo

.do

.do

.do

.Im

pris

onm

ent

for

twen

ty y

ears

, an

dw

hipp

ing

396

Gan

g ro

bber

y w

ith

mur

der

do.

do.

do.

do.

Dea

th,

impr

ison

men

tfo

r tw

enty

yea

rs,

and

whi

ppin

g

397

Rob

bery

whe

n ar

med

or

wit

hdo

.do

.do

.do

.W

hipp

ing

in a

ddit

ion

atte

mpt

to

caus

e de

ath

orto

the

pun

ishm

ent

grie

vous

hur

tun

der

any

othe

rse

ctio

n

399

Mak

ing

prep

arat

ion

todo

.do

.do

.do

.Im

pris

onm

ent

for

ten

com

mit

gan

g ro

bber

yye

ars,

and

whi

ppin

g

400

Bel

ongi

ng t

o a

gang

of

do.

do.

do.

do.

Impr

ison

men

t fo

rpe

rson

s as

soci

ated

for

the

twen

ty y

ears

, an

dpu

rpos

e of

hab

itua

lly

whi

ppin

gco

mm

itti

ng g

ang

robb

ery

401

Bel

ongi

ng t

o a

wan

deri

ngdo

.do

.do

.do

.Im

pris

onm

ent

for

gang

of

pers

ons

asso

ciat

edse

ven

year

s, a

nd f

ine,

for

the

purp

ose

of h

abit

uall

yor

whi

ppin

gco

mm

itti

ng t

heft

s


CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y—

(con

t.)

Rob

bery

and

Gan

g R

obbe

ry—

(con

t.)

402

Bei

ng o

ne o

f fi

ve o

r m

ore

May

arr

est

wit

hout

War

rant

Not

bai

labl

eN

otIm

pris

onm

ent

for

seve

npe

rson

s as

sem

bled

for

the

war

rant

com

poun

dabl

eye

ars,

and

fin

e, o

rpu

rpos

e of

com

mit

ting

gan

gw

hipp

ing

robb

ery

Cri

min

al M

isap

prop

riat

ion

of P

rope

rty

403

Dis

hone

st m

isap

prop

riat

ion

Sha

ll n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

r no

tof

mov

able

pro

pert

y, o

rw

itho

ut w

arra

ntC

ompo

unda

ble

less

tha

n si

x m

onth

sco

nver

ting

it

to o

ne’s

ow

nan

d no

t m

ore

than

use

five

yea

rs,

and

whi

ppin

g an

d fi

ne

404

Dis

hone

st m

isap

prop

riat

ion

do.

do.

do.

do.

do.

of p

rope

rty,

kno

win

g th

at i

tw

as i

n po

sses

sion

of

ade

ceas

ed p

erso

n at

his

dea

th,

and

that

it

has

not

sinc

e be

enin

the

pos

sess

ion

of a

nype

rson

leg

ally

ent

itle

d to

it

404

If b

y cl

erk

or p

erso

ndo

.do

.do

.do

.Im

pris

onm

ent

for

not

empl

oyed

by

dece

ased

less

tha

n on

e ye

ar a

ndno

t m

ore

than

ten

year

s, a

nd w

hipp

ing,

and

fine

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


Cri

min

al B

reac

h of

Tru

st

406

Cri

min

al b

reac

h of

tru

stM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

r no

tw

arra

ntco

mpo

unda

ble

less

tha

n on

e ye

ar,

and

not

mor

e th

an t

enye

ars,

and

wit

hw

hipp

ing,

and

fin

e

407

Cri

min

al b

reac

h of

tru

st b

y a

do.

do.

do.

do.

do.

carr

ier,

wha

rfin

ger,

etc

.

408

Cri

min

al b

reac

h of

tru

st b

y a

do.

do.

do.

do.

do.

cler

k or

ser

vant

409

Cri

min

al b

reac

h of

tru

st b

ydo

.do

.do

.do

.Im

pris

onm

ent

for

not

publ

ic s

erva

nt,

or b

y ba

nker

,le

ss t

han

two

year

sm

erch

ant,

or

agen

t, e

tc.

and

not

mor

e th

antw

enty

yea

rs,

and

whi

ppin

g, a

nd f

ine

Rec

eivi

ng S

tole

n P

rope

rty

411

Dis

hone

stly

rec

eivi

ng s

tole

ndo

.do

.N

ot b

aila

ble

do.

Impr

ison

men

t fo

rpr

oper

ty k

now

ing

it t

o be

five

yea

rs,

or f

ine,

or

stol

enbo

th;

if t

he s

tole

npr

oper

ty i

s a

mot

orve

hicl

e or

any

com

pone

nt p

art

of i

t,im

pris

onm

ent

for

not

less

tha

n si

xm

onth

s an

d no

t m

ore

than

fiv

e ye

ars,

and

fine

412

Dis

hone

stly

rec

eivi

ng s

tole

ndo

.do

.do

.do

.Im

pris

onm

ent

for

prop

erty

, kn

owin

g th

at i

ttw

enty

yea

rs,

and

fine

was

obt

aine

d by

gan

gro

bber

y


CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y—

(con

t.)

Rec

eivi

ng S

tole

n P

rope

rty—

(con

t.)

413

Hab

itua

lly

deal

ing

in s

tole

nM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rpr

oper

tyw

arra

ntco

mpo

unda

ble

twen

ty y

ears

, an

d fi

ne

414

Ass

isti

ng i

n co

ncea

lmen

t, o

rdo

.do

.do

.do

.Im

pris

onm

ent

for

disp

osal

of

stol

en p

rope

rty,

seve

n ye

ars,

or

fine

,kn

owin

g it

to

be s

tole

nor

bot

h; i

f th

e st

olen

prop

erty

is

a m

otor

vehi

cle

or a

nyco

mpo

nent

par

t of

it,

impr

ison

men

t fo

r no

tle

ss t

han

six

mon

ths

and

not

mor

e th

an s

even

year

s, a

nd f

ine

Che

atin

g

417

Che

atin

gS

hall

not

arr

est

wit

hout

War

rant

Bai

labl

eN

otIm

pris

onm

ent

for

war

rant

com

poun

dabl

efi

ve y

ears

, or

fin

e, o

rbo

th

418

Che

atin

g a

pers

on w

hose

do.

do.

do.

do.

Impr

ison

men

t fo

rin

tere

st t

he o

ffen

der

was

seve

n ye

ars,

or

fine

,bo

und

eith

er b

y la

w o

r by

or b

oth

lega

l co

ntra

ct t

o pr

otec

t

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


419

Che

atin

g by

per

sona

tion

May

arr

est

wit

hout

do.

do.

do.

do.

war

rant

420

Che

atin

g an

d th

ereb

ydo

.do

.do

.do

.Im

pris

onm

ent

for

not

dish

ones

tly

indu

cing

del

iver

yle

ss t

han

one

year

and

of p

rope

rty,

or

the

mak

ing,

not

mor

e th

an t

en y

ears

,al

tera

tion

or

dest

ruct

ion

of a

and

fine

valu

able

sec

urit

y

Fra

udul

ent

Dee

ds a

nd D

ispo

siti

ons

of P

rope

rty

421

Fra

udul

ent

rem

oval

or

Sha

ll n

ot a

rres

t w

itho

utW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

rco

ncea

lmen

t of

pro

pert

y,w

arra

ntco

mpo

unda

ble

five

yea

rs,

or f

ine,

or

etc.

,to

prev

ent

dist

ribu

tion

both

amon

g cr

edit

ors

422

Fra

udul

entl

y pr

even

ting

do.

do.

do.

do.

do.

from

bei

ng m

ade

avai

labl

efo

r hi

s cr

edit

ors

a de

bt o

rde

man

d du

e to

the

off

ende

r

423

Fra

udul

ent

exec

utio

n of

do.

do.

do.

do.

do.

deed

of

tran

sfer

con

tain

ing

afa

lse

stat

emen

t of

cons

ider

atio

n

424

Fra

udul

ent

rem

oval

or

do.

do.

do.

do.

do.

conc

ealm

ent

of p

rope

rty

ofhi

mse

lf o

r an

y ot

her

pers

on,

or a

ssis

ting

in

the

doin

gre

leas

ing

any

dem

and

orcl

aim

to

whi

ch h

e is

ent

itle

d


CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y—

(con

t.)

Mis

chie

f

426

Mis

chie

fS

hall

not

arr

est

Sum

mon

sB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent

for

wit

hout

war

rant

whe

n th

e on

lyth

ree

mon

ths,

or

fine

,lo

ss o

r da

mag

eor

bot

hca

used

is

loss

or d

amag

e to

apr

ivat

e pe

rson

427

Mis

chie

f an

d ca

usin

g da

mag

edo

.W

arra

ntdo

.do

.Im

pris

onm

ent

for

two

to t

he a

mou

nt o

f tw

enty

-fiv

eye

ars,

or

fine

, or

bot

hri

nggi

t or

upw

ards

428

Mis

chie

f by

kil

ling

,M

ay a

rres

t w

itho

utdo

.do

.N

otdo

.po

ison

ing,

mai

min

g, o

rw

arra

ntco

mpo

unda

ble

rend

erin

g us

eles

s an

y an

imal

of t

he v

alue

of

five

rin

ggit

or

upw

ards

429

Mis

chie

f by

kil

ling

,do

.do

.do

.do

.Im

pris

onm

ent

for

pois

onin

g, m

aim

ing

orfi

ve y

ears

, or

fin

e, o

rre

nder

ing

usel

ess

any

both

elep

hant

, ca

mel

, ho

rses

, et

c.,

wha

teve

r m

ay b

e it

s va

lue,

or

any

othe

r an

imal

of

valu

e of

twen

ty-f

ive

ring

git

orup

war

ds

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


430

Mis

chie

f by

cau

sing

do.

do.

do.

do.

do.

dim

inut

ion

of s

uppl

y of

wat

er f

or a

gric

ultu

ral

purp

oses

, et

c.

430A

Mis

chie

f af

fect

ing

rail

way

do.

do.

do.

do.

Impr

ison

men

t fo

ren

gine

, tr

ain,

etc

.tw

enty

yea

rs,

and

fine

, or

whi

ppin

g

431

Mis

chie

f by

inj

ury

to p

ubli

cdo

.do

.do

.do

.Im

pris

onm

ent

for

road

, br

idge

, na

viga

ble

rive

rfi

ve y

ears

, or

fin

e, o

ror

cha

nnel

and

ren

deri

ng i

tbo

thim

poss

ible

or

less

saf

e fo

rtr

avel

ling

or

conv

eyin

gpr

oper

ty

431A

Mis

chie

f by

inj

ury

todo

.do

.do

.do

.Im

pris

onm

ent

for

two

tele

grap

h ca

ble

wir

e, e

tc.

year

s, o

r fi

ne,

or b

oth

432

Mis

chie

f by

cau

sing

do.

do.

do.

do.

Impr

ison

men

t fo

rin

unda

tion

, or

obs

truc

tion

to

five

yea

rs,

or f

ine,

or

publ

ic d

rain

age,

att

ende

dbo

thw

ith

dam

age

433

Mis

chie

f by

des

troy

ing

ordo

.do

.do

.do

.Im

pris

onm

ent

for

mov

ing

or r

ende

ring

les

sse

ven

year

s, o

r fi

ne,

usef

ul a

lig

ht-h

ouse

or

or b

oth

sea-

mar

k, o

r by

exh

ibit

ing

fals

e li

ghts

434

Mis

chie

f by

des

troy

ing

orS

hall

not

arr

est

wit

hout

do.

do.

do.

Impr

ison

men

t fo

r on

em

ovin

g, e

tc.,

a la

ndm

ark

war

rant

year

, or

fin

e, o

r bo

thfi

xed

by p

ubli

c au

thor

ity

435

Mis

chie

f by

fir

e or

exp

losi

veM

ay a

rres

t w

itho

utdo

.do

.do

.Im

pris

onm

ent

for

subs

tanc

e w

ith

inte

nt t

ow

arra

ntse

ven

year

s, a

nd f

ine

caus

e da

mag

e to

am

ount

of

fift

y ri

nggi

t or

upw

ards


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y—

(con

t.)

Mis

chie

f—(c

ont.

)

436

Mis

chie

f by

fir

e or

exp

losi

veM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t fo

rsu

bsta

nce

wit

h in

tent

to

war

rant

com

poun

dabl

etw

enty

yea

rs,

and

fine

dest

roy

a ho

use,

etc

.

437

Mis

chie

f w

ith

inte

nt t

odo

.do

.do

.do

.Im

pris

onm

ent

for

ten

dest

roy

or m

ake

unsa

fe a

year

s, a

nd f

ine

deck

ed v

esse

l or

ves

sel

oftw

enty

ton

s bu

rden

438

The

mis

chie

f de

scri

bed

indo

.do

.do

.do

.Im

pris

onm

ent

for

the

last

sec

tion

whe

ntw

enty

yea

rs,

and

fine

com

mit

ted

by f

ire

or a

nyex

plos

ive

subs

tanc

e

439

Run

ning

ves

sel

asho

re w

ith

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nin

tent

to

com

mit

the

ft,

etc.

year

s, a

nd f

ine

440

Mis

chie

f co

mm

itte

d af

ter

do.

do.

do.

do.

Impr

ison

men

t fo

rpr

epar

atio

n m

ade

for

five

yea

rs,

and

fine

caus

ing

deat

h or

hur

t, e

tc.


Cri

min

al T

resp

ass

447

Cri

min

al t

resp

ass

May

arr

est

Sum

mon

sB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent

for

wit

hout

war

rant

thre

e m

onth

s, o

r fi

neof

one

tho

usan

dri

nggi

t, o

r bo

th

448

Hou

se t

resp

ass

do.

War

rant

do.

do.

Impr

ison

men

t fo

r on

eye

ar,

or f

ine

of t

wo

thou

sand

rin

ggit

, or

both

449

Hou

se t

resp

ass

in o

rder

to

do.

do.

Not

bai

labl

eN

otIm

pris

onm

ent

for

the

com

mis

sion

of

anco

mpo

unda

ble

twen

ty y

ears

, an

d fi

neof

fenc

e pu

nish

able

wit

hde

ath

450

Hou

se t

resp

ass

in o

rder

to

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nth

e co

mm

issi

on o

f an

year

s, a

nd f

ine

offe

nce

puni

shab

le w

ith

pena

l se

rvit

ude

for

life

451

Hou

se t

resp

ass

in o

rder

to

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

two

the

com

mis

sion

of

anye

ars,

and

fin

eof

fenc

e pu

nish

able

wit

him

pris

onm

ent

451

If t

he o

ffen

ce i

s th

eft

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

seve

n ye

ars,

and

fin

e

452

Hou

se t

resp

ass,

hav

ing

mad

edo

.do

.do

.do

.do

.pr

epar

atio

n fo

r ca

usin

g hu

rt,

assa

ult,

etc

.

453

Lur

king

hou

se t

resp

ass

ordo

.do

.do

.do

.Im

pris

onm

ent

for

two

hous

ebre

akin

gye

ars,

and

fin

e; f

orev

ery

seco

nd o

rsu

bseq

uent

off

ence

impr

ison

men

t, a

ndfi

ne,

or w

hipp

ing


23

45

67

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce

CH

AP

TE

R X

VII

—O

FF

EN

CE

S A

GA

INS

T P

RO

PE

RT

Y—

(con

t.)

Cri

min

al T

resp

ass—

(con

t.)

454

Lur

king

hou

se t

resp

ass

orM

ay a

rres

t w

itho

utW

arra

ntN

otN

otIm

pris

onm

ent

for

hous

ebre

akin

g in

ord

er t

ow

arra

ntba

ilab

leco

mpo

unda

ble

thre

e ye

ars,

and

fin

eth

e co

mm

issi

on o

f an

offe

nce

puni

shab

le w

ith

impr

ison

men

t

454

If t

he o

ffen

ce i

s th

eft

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nye

ars,

and

fin

e

454

For

eve

ry s

econ

d or

do.

do.

do.

do.

Impr

ison

men

t as

subs

eque

nt o

ffen

ceab

ove

and

fine

, or

whi

ppin

g

455

Lur

king

hou

se t

resp

ass

ordo

.do

.do

.do

.Im

pris

onm

ent

for

ten

hous

ebre

akin

g af

ter

year

s, a

nd f

ine,

or

prep

arat

ion

mad

e fo

rw

hipp

ing

caus

ing

hurt

, as

saul

t, e

tc.

456

Lur

king

hou

se t

resp

ass

ordo

.do

.do

.do

.Im

pris

onm

ent

for

hous

ebre

akin

g by

nig

htth

ree

year

s, a

nd f

ine;

for

ever

y se

cond

or

subs

eque

nt o

ffen

ceim

pris

onm

ent,

and

fine

, or

whi

ppin

g


457

Lur

king

hou

se t

resp

ass

ordo

.do

.do

.do

.Im

pris

onm

ent

for

hous

ebre

akin

g by

nig

ht i

nfi

ve y

ears

, an

d fi

neor

der

to t

he c

omm

issi

on o

fan

off

ence

pun

isha

ble

wit

him

pris

onm

ent

457

If t

he o

ffen

ce i

s th

eft

do.

do.

do.

do.

Impr

ison

men

t fo

rfo

urte

en y

ears

, an

dfi

ne

457

For

eve

ry s

econ

d or

do.

do.

do.

do.

Impr

ison

men

t as

subs

eque

nt o

ffen

ceab

ove,

and

fin

e, o

rw

hipp

ing

458

Lur

king

hou

se t

resp

ass

ordo

.do

.do

.do

.Im

pris

onm

ent

for

hous

ebre

akin

g by

nig

ht,

four

teen

yea

rs,

and

afte

r pr

epar

atio

n m

ade

for

fine

, or

whi

ppin

gca

usin

g hu

rt,

etc.

459

Gri

evou

s hu

rt c

ause

d w

hile

do.

do.

do.

do.

Impr

ison

men

t fo

rco

mm

itti

ng l

urki

ng h

ouse

twen

ty y

ears

, an

dtr

espa

ss o

r ho

useb

reak

ing

fine

, or

whi

ppin

g

460

Dea

th o

r gr

ievo

us h

urt

do.

do.

do.

do.

Impr

ison

men

t fo

rca

used

by

one

of s

ever

altw

enty

yea

rs,

and

fine

pers

ons

join

tly

conc

erne

d in

hous

ebre

akin

g by

nig

ht,

etc.

461

Dis

hone

stly

bre

akin

g op

endo

.do

.B

aila

ble

do.

Impr

ison

men

t fo

r tw

oor

unf

aste

ning

any

clo

sed

year

s, o

r fi

ne,

or b

oth

rece

ptac

le c

onta

inin

g or

supp

osed

to

cont

ain

prop

erty

462

Bei

ng e

ntru

sted

wit

h an

ydo

.do

.do

.do

.Im

pris

onm

ent

for

clos

ed r

ecep

tacl

e co

ntai

ning

thre

e ye

ars,

or

fine

, or

or s

uppo

sed

to c

onta

in a

nybo

thpr

oper

ty,

and

frau

dule

ntly

open

ing

the

sam

e


CH

AP

TE

R X

VII

I—O

FF

EN

CE

S R

EL

AT

ING

TO

DO

CU

ME

NT

S A

ND

TO

CU

RR

EN

CY

NO

TE

SA

ND

BA

NK

NO

TE

S

465

For

gery

Sha

ll n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t fo

r tw

ow

itho

ut w

arra

ntco

mpo

unda

ble

year

s, o

r fi

ne,

or b

oth

466

For

gery

of

a re

cord

of

ado

.do

.N

ot b

aila

ble

do.

Impr

ison

men

t fo

rC

ourt

or

of a

Reg

iste

r of

seve

n ye

ars,

and

fin

eB

irth

s, e

tc.,

kep

t by

a p

ubli

cse

rvan

t

467

For

gery

of

a va

luab

ledo

.do

.do

.do

.Im

pris

onm

ent

for

secu

rity

, w

ill,

or

auth

orit

y to

twen

ty y

ears

, an

dm

ake

or t

rans

fer

any

fine

valu

able

sec

urit

y, o

r to

rece

ive

any

mon

ey,

etc.

468

For

gery

for

the

pur

pose

of

do.

do.

do.

do.

Impr

ison

men

t fo

rch

eati

ngse

ven

year

s, a

nd f

ine

469

For

gery

for

the

pur

pose

of

do.

do.

Bai

labl

edo

.Im

pris

onm

ent

for

harm

ing

the

repu

tati

on o

fth

ree

year

s, a

nd f

ine

any

pers

on,

or k

now

ing

that

it i

s li

kely

to

be u

sed

for

that

purp

ose

471

Usi

ng a

s ge

nuin

e a

forg

eddo

.do

.do

.do

.P

unis

hmen

t fo

rdo

cum

ent

whi

ch i

s kn

own

forg

ery

to b

e fo

rged

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


472

Mar

king

or

coun

terf

eiti

ng a

do.

do.

Not

bai

labl

edo

.Im

pris

onm

ent

for

seal

, pl

ate,

etc

., w

ith

inte

nttw

enty

yea

rs,

and

fine

to c

omm

it a

for

gery

puni

shab

le u

nder

sec

tion

467

of t

he P

enal

Cod

e, o

rpo

sses

sing

wit

h li

ke i

nten

tan

y su

ch s

eal,

pla

te,

etc.

,kn

owin

g th

e sa

me

to b

eco

unte

rfei

t

473

Mar

king

or

coun

terf

eiti

ng a

do.

do.

do.

do.

Impr

ison

men

t fo

rse

al,

plat

e, e

tc.,

wit

h in

tent

seve

n ye

ars,

and

fin

eto

com

mit

a f

orge

rypu

nish

able

oth

erw

ise

than

unde

r se

ctio

n 46

7 of

the

Pen

al C

ode,

or

poss

essi

ngw

ith

like

int

ent

any

seal

,pl

ate,

etc

., kn

owin

g th

esa

me

to b

e co

unte

rfei

t

474

Hav

ing

poss

essi

on o

f a

do.

do.

do.

do.

do.

docu

men

t kn

owin

g it

to

befo

rged

, w

ith

inte

nt t

o us

e it

as g

enui

ne;

if t

he d

ocum

ent

is o

ne o

f th

e de

scri

ptio

nm

enti

oned

in

sect

ion

466

ofth

e P

enal

Cod

e

474

If t

he d

ocum

ent

is o

ne o

f th

edo

.do

.do

.do

.Im

pris

onm

ent

for

desc

ript

ion

men

tion

ed i

ntw

enty

yea

rs,

and

fine

sect

ion

467

of t

he P

enal

Cod

e


CH

AP

TE

R X

VII

I—O

FF

EN

CE

S R

EL

AT

ING

TO

DO

CU

ME

NT

S A

ND

TO

CU

RR

EN

CY

NO

TE

SA

ND

BA

NK

NO

TE

S—

(con

t.)

475

Cou

nter

feit

ing

a de

vice

or

Sha

ll n

ot a

rres

tW

arra

ntN

otN

otIm

pris

onm

ent

for

mar

k us

ed f

or a

uthe

ntic

atin

gw

itho

ut w

arra

ntba

ilab

leco

mpo

unda

ble

twen

ty y

ears

, and

docu

men

ts d

escr

ibed

in

fine

sect

ion

467

of t

he P

anel

Cod

e, o

r po

sses

sing

coun

terf

eit

mar

ked

mat

eria

l

476

Cou

nter

feit

ing

a de

vice

or

dodo

.do

.do

.Im

pris

onm

ent

for

mar

k us

ed f

or a

uthe

ntic

atin

gse

ven

year

s, a

nd f

ine

docu

men

t ot

her

than

tho

sede

scri

bed

in s

ecti

on 4

67 o

fth

e P

anel

Cod

e, o

rpo

sses

sing

cou

nter

feit

mar

ked

mat

eria

l

477

Fra

udul

entl

y de

stro

ying

or

do.

do.

do.

do.

Impr

ison

men

t fo

rde

faci

ng, o

r at

tem

ptin

gtw

enty

yea

rs a

nd f

ine

dest

roy

or d

efac

e, o

rse

cret

ing

a w

ill,

etc

.

477A

Fal

sifi

cati

on o

f ac

coun

tsdo

.do

.do

.do

.Im

pris

onm

ent

for

seve

n ye

ars,

or

fine

,or

bot

h

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


489A

For

ging

or

coun

terf

eiti

ngM

ay a

rres

t w

ithb

out

do.

do.

do.

Impr

ison

men

t fo

rcu

rren

cy n

otes

or

bank

not

esw

arra

nttw

enty

yea

rs, a

nd f

ine

489B

Usi

ng a

s ge

nuin

e fo

rged

do.

do.

do.

do.

Impr

ison

men

t fo

rco

unte

rfei

t cu

rren

cy n

otes

twen

ty y

ears

, and

fin

eor

ban

k no

tes

489C

Pos

sess

ion

of f

orge

d or

do.

do.

do.

do.

Impr

ison

men

t fo

r te

nco

unte

rfei

t cu

rren

cy n

otes

or

year

sba

nk n

otes

489D

Mak

ing

or p

osse

ssin

gM

ay a

rres

t w

itho

utW

arra

ntN

ot b

aila

ble

Not

com

poun

dabl

eIm

pris

onm

ent

for

inst

rum

ents

or

mat

eria

l fo

rw

arra

nttw

enty

yea

rs, a

ndfo

rgin

g or

cou

nter

feit

ing

fine

curr

ency

not

es o

r ba

nk n

otes C

HA

PT

ER

XIX

—C

RIM

INA

L B

RE

AC

H O

F C

ON

TR

AC

TS

OF

SE

RV

ICE

491

Bei

ng b

ound

to

atte

nd o

n or

Sha

ll n

ot a

rres

tS

umm

ons

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t fo

rsu

pply

the

wan

ts o

f th

ew

itho

ut w

arra

ntth

ree

mon

ths,

or

fine

pers

on w

ho i

s he

lple

ssof

fou

r hu

ndre

dfr

om y

outh

, uns

ound

ness

of

ring

git,

or

both

min

d or

dis

ease

, and

volu

ntar

ily

omit

ting

to

do s

oC

HA

PT

ER X

X—

OF

FE

NC

ES

RE

LA

TIN

G T

O M

AR

RIA

GE

493

A m

an b

y de

ceit

caus

ing

aSh

all n

ot a

rres

tW

arra

ntN

ot b

aila

ble

Not

Impr

ison

men

t for

ten

wom

an n

ot l

awfu

lly

mar

ried

wit

hout

war

rant

com

poun

dabl

eye

ars,

and

fin

eto

him

to

beli

eve

that

she

is

law

full

y m

arri

ed t

o hi

m a

ndto

co-

habi

t w

ith

him

in

that

beli

ef


CH

AP

TE

R X

X—

OF

FE

NC

ES

RE

LA

TIN

G T

O M

AR

RIA

GE

—(c

ont.

)

494

Mar

ryin

g ag

ain

duri

ng th

eSh

all n

ot a

rres

tW

arra

ntB

aila

ble

Not

Impr

ison

men

t for

lifet

ime

of a

hus

band

or

wif

ew

ithou

t war

rant

com

poun

dabl

ese

ven

year

s, a

nd f

ine

495

Sam

e of

fenc

e w

ithdo

.do

.N

ot b

aila

ble

do.

Impr

ison

men

t for

ten

conc

ealm

ent o

f th

e fo

rmer

year

s, a

nd f

ine

mar

riag

e fr

om th

e pe

rson

with

who

m s

ubse

quen

tm

arri

age

is c

ontr

acte

d

496

A p

erso

n w

ith f

raud

ulen

tdo

.do

.do

.do

.Im

pris

onm

ent f

orin

tent

ion

goin

g th

roug

h th

ese

ven

year

s, a

nd f

ine

cere

mon

y of

bei

ng m

arri

ed,

know

ing

that

he

is n

otla

wfu

lly m

arri

ed

498

Ent

icin

g or

taki

ng a

way

or

do.

do.

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t for

two

deta

inin

g w

ith a

cri

min

alye

ars,

or

fine

, or

both

inte

nt a

mar

ried

wom

an

CH

APT

ER X

XI—

DE

FAM

AT

ION

500

Def

amat

ion

Shal

l not

arr

est

War

rant

Bai

labl

eC

ompo

unda

ble

Impr

ison

men

t fo

r tw

ow

ithou

t war

rant

year

s, o

r fi

ne, o

r bo

th

501

Prin

ting

and

engr

avin

gdo

.do

.do

.do

do.

mat

ter

know

ing

it to

be

defa

mat

ory

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


502

Sale

s of

pri

nted

or

engr

aved

do.

do.

do.

do.

do.

subs

tanc

e co

ntai

ning

defa

mat

ory

mat

ter,

kno

win

git

to c

onta

in s

uch

mat

ter

CH

APT

ER X

XII

—C

RIM

INA

L I

NT

IMID

AT

ION

, IN

SUL

T A

ND

AN

NO

YA

NC

E

504

Insu

lt in

tend

ed to

pro

voke

aSh

all n

ot a

rres

tW

arra

ntB

aila

ble

Com

poun

dabl

eIm

pris

onm

ent f

orbr

each

of

the

peac

ew

ithou

t war

rant

two

year

s, o

r fi

ne o

rbo

th

505

Fals

e st

atem

ent,

rum

our,

do.

do.

Not

bai

labl

eN

otdo

.et

c.,c

ircu

late

d w

ith in

tent

toco

mpo

unda

ble

caus

e m

utin

y or

off

ence

agai

nst p

ublic

pea

ce

506

Cri

min

al in

timid

atio

nM

ay a

rres

t with

out

do.

do.

do.

do.

war

rant

506

If t

hrea

t be

to c

ause

dea

th o

rdo

.do

.do

.do

.Im

pris

onm

ent f

orgr

ievo

us h

urt,

etc.

seve

n ye

ars,

or

fine

,or

bot

h

507

Cri

min

al in

timid

atio

n by

do.

do.

Bai

labl

edo

.Im

pris

onm

ent f

or tw

oan

onym

ous

com

mun

icat

ion

year

s, in

add

ition

toor

hav

ing

take

n pr

ecau

tion

the

puni

shm

ent u

nder

to c

once

al w

hen

the

thre

atab

ove

sect

ion

com

es

508

Act

cau

sed

by in

duci

ng a

Shal

l not

arr

est w

ithou

tdo

.do

.do

.Im

pris

onm

ent f

or o

nepe

rson

to b

elie

ve th

at h

ew

arra

ntye

ar, o

r fi

ne o

r bo

thw

ill b

e re

nder

ed a

n ob

ject

of

Div

ine

disp

leas

ure

509

Utte

ring

any

wor

d or

mak

ing

do.

do.

do.

do.

Impr

ison

men

t for

any

gest

ure

inte

nded

to in

sult

five

yea

rs, o

r fi

ne, o

rth

e m

odes

ty o

f pe

rson

, etc

.bo

th


CH

APT

ER X

XII

—C

RIM

INA

L I

NT

IMID

AT

ION

, IN

SUL

T A

ND

AN

NO

YA

NC

E—

(con

t.)

510

App

eari

ng in

a p

ublic

pla

ceSh

all n

ot a

rres

t with

out

War

rant

Bai

labl

eN

otIm

pris

onm

ent f

or te

net

c., i

n a

stat

e of

into

xica

tion,

war

rant

com

poun

dabl

eda

ys, o

r fi

ne o

fan

d ca

usin

g an

noya

nce

totw

enty

rin

ggit,

or

any

pers

onbo

th

AT

TE

MP

T T

O C

OM

MIT

OF

FE

NC

ES

511

Atte

mpt

ing

to c

omm

itA

ccor

ding

as

the

Acc

ordi

ng a

sA

ccor

ding

as

Com

poun

dabl

eT

he p

unis

hmen

tof

fenc

es p

unis

habl

e w

ithof

fenc

e is

one

inth

e of

fenc

e is

the

offe

nce

whe

n th

epr

ovid

ed f

or th

eim

pris

onm

ent,

and

in s

uch

resp

ect o

f w

hich

the

one

in r

espe

ctco

ntem

plat

edof

fenc

eof

fenc

e: im

pris

onm

ent

atte

mpt

doi

ng a

ny a

ctPo

lice

may

arr

est

of w

hich

aby

the

atte

mpt

ed is

not t

o ex

ceed

one

-hal

fto

war

ds th

e co

mm

issi

on o

fw

ithou

t war

rant

or

not

sum

mon

s or

offe

nder

isco

mpo

unda

ble

of th

e lo

nges

t ter

mth

e of

fenc

ew

arra

nt s

hall

baila

ble

or n

otpr

ovid

ed f

or th

eor

dina

rily

issu

eof

fenc

e

OF

FE

NC

ES

AG

AIN

ST

LA

WS

OT

HE

R T

HA

N T

HE

PE

NA

L C

OD

E

If p

unis

habl

e w

ith d

eath

, or

May

arr

est w

ithou

tW

arra

ntN

ot b

aila

ble

Not

com

poun

dabl

eim

pris

onm

ent f

or s

even

war

rant

year

s or

upw

ard

If p

unis

habl

e w

ithdo

.do

.do

.do

.im

pris

onm

ent f

or th

ree

year

s an

d up

war

ds, b

ut le

ssth

an s

even

yea

rs

If p

unis

habl

e w

ithSh

all n

ot a

rres

tSu

mm

ons

Bai

labl

edo

.im

pris

onm

ent f

or le

ss th

anw

ithou

t war

rant

thre

e ye

ars

If p

unis

habl

e w

ith f

ine

only

do.

do.

do.

do.

12

34

56

7

Pen

alO

ffen

ceW

heth

er t

he p

olic

e m

ayW

heth

er a

Whe

ther

Whe

ther

Max

imum

Cod

eor

dina

rily

arr

est

wit

hout

war

rant

or

aba

ilab

leco

mpo

unda

ble

puni

shm

ent

unde

r th

eSe

ctio

nw

arra

nt o

r no

tsu

mm

ons

shal

lor

not

or n

otP

enal

Cod

eor

dina

rily

iss

uein

the

fir

stin

stan

ce


SECOND SCHEDULE

FORMS

FORM 1 [Section 34]

SUMMONS TO AN ACCUSED PERSON

To of .

Whereas your attendance is necessary to answer to a charge of you are hereby required to appear on the day of

at a.m/p.m in person [or by advocate, as the case may be]

before the Magistrate’s Court at .

Dated this day of 20 .

(Seal) Magistrate

FORM 2 [Sections 38 and 39]

WARRANT OF ARREST

To the Inspector General of Police, and all other Police Officers.

Whereas of stands charged with the offence of youare directed to arrest the said and to produce him before the Magistrate’sCourt at .


(Seal) Magistrate

This Warrant may be indorsed as follows—

If the said shall give bail himself in the sum of ringgit,with one surety in the sum of ringgit [or two sureties each inthe sum of ringgit] to attend before the Court on the dayof and to continue so to attend until otherwise directed by me, he maybe released.


(Seal) Magistrate


FORM 3 [Section 390]

BOND AND BAIL BOND AFTER ARREST UNDER A WARRANT

I of , being brought before the Magistrate’s Court at undera warrant issued to compel my appearance to answer to a charge of dohereby bind myself to attend in the Magistrate’s Court at on the

day of next, to answer to the said charge, and to continueso to attend until otherwise directed by the Court; and, in case of my makingdefault herein, I bind myself to forfeit to the Yang di-Pertuan Agong the sumof ringgit.


Signature

I [or we] do hereby declare myself [or ourselves] surety [or sureties] for theabove-named of , that he shall attend before the Magistrate’sCourt at on the day of next, to answer to the charge onwhich he has been arrested, and shall continue so to attend until otherwisedirected by the Court; and, in case of his making default therein, I [or we]hereby bind myself [or ourselves, jointly and severally] to forfeit to the Yangdi-Pertuan Agong the sum of ringgit.


Signature

FORM 4 [Section 44]

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

Whereas complaint has been made before me that of hascommitted [or is suspected to have committed] the offence ofpunishable under section of the Penal Code, and it has beenreturned to a warrant of arrest thereupon issued that the saidcannot be found; and whereas it has been shown to my satisfaction that thesaid has absconded [or is concealing himself to avoid theservice of the said warrant, as the case may be]:

Proclamation is hereby made that the said of isrequired to appear before the Magistrate’s Court at to answerthe said complaint within days from this date.


(Seal) Magistrate


FORM 5 [Section 44]

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

Whereas complaint has been made before me that of hascommitted [or is suspected to have committed] the offence ofand a warrant has been issued to compel the attendance of ofbefore the Magistrate’s Court at to be examined touching the matterof the said complaint; and whereas it has been returned to the said warrant thatthe said cannot be served, and it has been shown to my satisfactionthat he has absconded [or is concealing himself to avoid the service of the saidwarrant]:

Proclamation is hereby made that the said is required to appearbefore the Magistrate’s Court at on the day ofnext at a.m./p.m. to be examined touching the offence complainedof.


(Seal) Magistrate

FORM 6 [Section 45]

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

To the Police Officer in charge of the Police District of

Whereas a warrant has been duly issued to compel the attendance of of to testify concerning a complaint pending before thisCourt, and it has been returned to the said warrant that it cannot be served; andwhereas it has been shown to the satisfaction of the Court that he has absconded[or is concealing himself to avoid the service of the said warrant]; and thereupona Proclamation was duly issued and published requiring the said toappear and give evidence at the time and place mentioned therein, and he hasfailed to appear:

This is to authorize and require you to attach by seizure the movable propertybelonging to the said to the value of ringgit whichyou may find within the State and to hold the said property underattachment pending the further order of this Court, and to return this warrantwith an indorsement certifying the manner of its execution.


(Seal) Magistrate


FORM 7 [Section 47]

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

To the Inspector General of Police, and all other Police Officers.

Whereas complaint has been made before me that of has[or is suspected to have] committed the offence of and it appearslikely that of can give evidence concerning the said complaint;and whereas the Court has good and sufficient reason to believe that he willnot attend as a witness on the hearing of the said complaint unless compelledto do so:

This is to authorize and require you to arrest the said of andon the day of to bring him before the Magistrate’s Court at tobe examined touching the offence complaint of.

Given under my hand and the seal of the Court, this day of 20 .

(Seal) Magistrate

FORM 8 [Section 54]

WARRANT TO SEARCH AFTER INFORMATION OF A

PARTICULAR OFFENCE

To the Chief Police Officer of the State of ,and other Police Officers(to be designated by name).

Whereas information has been laid [or complaint has been made] before meof the commission [or suspected commission] of the offence ofand it has been made to appear to me that the production of the articles specifiedin the Schedule below is essential to the enquiry now being made [or about tobe made] into the said offence [or suspected offence]:

This is to authorize and require you within the space of days fromthe date hereof to search for the said articles specified in the Schedule belowin the (describe the house or place, or part thereof, to which the search is tobe confined), and, if found, to produce the same immediately before the Magistrate’sCourt; returning this warrant, with an indorsement certifying what you havedone under it, immediately upon its execution.


(Seal) Magistrate


FORM 9 [Section 56]

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

To the Chief Police Officer of the State of , and other PoliceOfficer or Officers (designated by name herein).

Whereas information has been laid before me, and on due enquiry thereuponI have been led to believe that the (describe the house or other place) is usedas a place for the deposit [or sale] of stolen property [or if for either of the otherpurposes expressed in the section, state the purpose in the words of the section]:

This is to authorize and require you within the space of daysfrom the date hereof to enter the said house [or other place] with such assistanceas shall be required, and to use, if necessary, reasonable force for that purpose,and to search every part of the said house [or other place, or if the search isto be confined to a part, specify the part clearly] and to seize and take possessionof any property [or documents, or stamps, or seals, or coins, or trade marks,as the case may be]—[Add (when the case requires it) and also of any instrumentsand materials which you may reasonably believe to be kept for the manufactureof forged documents, or trade marks, or counterfeit stamps, or false seals, orcounterfeit coin, as the case may be] and immediately to bring before this Courtsuch of the said things as may be taken possession of; returning this warrant,with an indorsement certifying what you have done under it, immediately uponits execution.


(Seal) Magistrate


BOND TO KEEP THE PEACE

Whereas I inhabitant of have been called uponto enter into a bond to keep the peace for the term of I herebybind myself not to commit a breach of the peace, or do any act that mayprobably occasion a breach of the peace, during the said term; and, in case ofmy making default therein, I hereby bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.


Signature



BOND FOR GOOD BEHAVIOUR

Whereas I inhabitant of have been called upon toenter into a bond to be of good behaviour to the Yang di-Pertuan Agong andto all persons within Malaysia for the term of I hereby bind myselfto be of good behaviour to the Yang di-Pertuan Agong and to all persons withinMalaysia during the said term; and in case of my making default therein, Ihereby bind myself to forfeit to the Yang di-Pertuan Agong the sum of ringgit.


Signature

(When a bond with sureties is to be executed, add):

We do hereby declare ourselves sureties for the above-named that hewill be of good behaviour to the Yang di-Pertuan Agong and to all personswithin Malaysia during the said term; and in case of his making default thereinwe hereby bind ourselves jointly and severally to forfeit to the Yang di-PertuanAgong the sum of ringgit.


Signature


ORDER TO SHOW CAUSE

Whereas information has been received by me that (here set out the substanceof the information received).

It is hereby ordered that do attend at the Magistrate’s Courtat on the day of 20 , at a.m./p.m. to showcause why he should not be ordered to execute a bond for his good behaviourin the sum of ringgit to be in force for the term of months withsufficient sureties being (here state character and class of sureties required).


(Seal) Magistrate



SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

To of .

Whereas it has been made to appear to me by credible information that (statethe substance of the information), and that you are likely to commit a breachof the peace [or by which act a breach of the peace will probably be occasioned],you are hereby required to attend in person [or by an advocate] at the Magistrate’sCourt at on the day of , 20 , a.m./p.m. , toshow cause why you should not be required to enter into a bond for ringgit[when sureties are required, add:—and also to give security by the bond of one(or two, as the case may be) surety (or sureties) in the sum of ringgit(each, if more than one)], that you will keep the peace for the term of .


(Seal) Magistrate


WARRANT OF COMMITMENT ON FAILURE TO FIND

SECURITY TO KEEP THE PEACE

To the Officer in charge of the Prison at .

Whereas of appeared before me in person [or by hisauthorized agent] on the day of in obedience to a summonscalling upon him to show cause why he should not enter into a bond forringgit with one surety [or a bond with two sureties each in ringgit],that he the said would keep the peace for the period of . Andwhereas an order was then made requiring the said to enter into andfind such security (state the security ordered when it differs from that mentionedin the summons), and he has failed to comply with the said order:

This is to authorize and require you to receive the said into yourcustody, together with this warrant, and him safely to keep in prison for thesaid period of unless he shall, in the meantime, comply with the saidorder by himself and his surety [or sureties] entering into the said bond, inwhich case the same shall be received, and the said released; and toreturn this warrant with an indorsement certifying the manner of its execution.


(Seal) Magistrate



WARRANT OF COMMITMENT ON FAILURE TO FIND

SECURITY FOR GOOD BEHAVIOUR


Whereas it has been made to appear to me that of has beenand is lurking within the District of having no ostensible meansof subsistence [or and that he is unable to give any satisfactory account ofhimself]:

or

Whereas evidence of the general character of of has beenadduced before me and recorded, from which it appears that he is a habitualrobber [or housebreaker, etc., as the case may be].

And whereas an order has been recorded stating the same and requiring thesaid to furnish security for his good behaviour for the term of byentering into a bond with one surety [or two or more sureties, as the case maybe], himself for ringgit, and the said surety [or each of thesaid sureties] for ringgit, and the said has failedto comply with the said order, and for such default has been adjudged imprisonmentfor unless the said security be sooner furnished:

This is to authorize and require you to receive the said into yourcustody, together with this warrant, and him safely to keep in prison for thesaid period of , unless he shall in the meantime comply with the saidorder by himself and his surety [or sureties] entering into the said bond, inwhich case the same shall be received and the said released; and toreturn this warrant with an indorsement certifying the manner of its execution.


(Seal) Magistrate



WARRANT TO DISCHARGE A PERSON IMPRISONED ON

FAILURE TO GIVE SECURITY

To the Officer in charge of the Prison at (or other officer in whosecustody the person is).

Whereas of was committed to your custody underwarrant of this Court, dated the day of , and has sinceduly given security under section of the Criminal Procedure Code,

or

and there have appeared to me sufficient grounds for the opinion that he canbe released without hazard to the community:

This is to authorize and require you immediately to discharge the said from your custody, unless he is liable to be detained for someother cause.


(Seal) Magistrate


ORDER FOR THE REMOVAL OF NUISANCES

To of .

Whereas it has been made to appear to me that you have caused an obstruction[or nuisance] to persons using the public roadway [or other public place]which, etc. (describe the road or public place), by, etc. (state what it is thatcauses the obstruction or nuisance) and that such obstruction [or nuisance] stillexists:

or

Whereas it has been made to appear to me that you are carrying on as owner,or manager, the trade or occupation ofat and that the same is injurious to the public health[or comfort] by reason (state briefly in what manner the injurious effects arecaused), and should be suppressed or removed to a different place:

or

Whereas it has been made to appear to me that you are the owner [or arein possession of, or have the control over] a certain tank [or well, or excavation]adjacent to the public way (describe the thoroughfare) and that the safety ofthe public is endangered by reason of the said tank [or well, or excavation]being without a fence [or insecurely fenced]:


or

Whereas, etc., etc. (as the case may be):

I do hereby direct and require you within to or to appearat in the Court of on the day of next,and to show cause why this order shall not be enforced:

or

I do hereby direct and require you within to cease carryingon the said trade or occupation at the said place, and not again to carry on thesame, or to remove the said trade from the place where it is now carried on,or to appear, etc.:

or

I do hereby direct and require you within to put up a sufficientfence (state the kind of fence and the part to be fenced) or to appear, etc.

or

I do hereby direct and require you, etc., etc. (as the case may be).


(Seal) Magistrate


NOTICE AND PEREMPTORY ORDER BY MAGISTRATE

AFTER ORDER ABSOLUTE

To of .

Notice is hereby given that an order absolute has been made against yourequiring you and you are hereby directed and required to obeythe said order within on peril of the penalty provided by section 188of the Penal Code for disobedience to it.


(Seal) Magistrate



INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER

PENDING DECISION

To of .

Whereas a conditional order was made by this Court on the day of20 , requiring you and it has been made to appear to this Courtthat the nuisance mentioned in the said order is attended with so imminentserious danger to the public as to render necessary immediate measures toprevent such danger, you are hereby, under section 96 of the Criminal ProcedureCode, directed and enjoined forthwith to pending the final decisionof the case.


(Seal) Magistrate


ORDER OF MAGISTRATE PROHIBITING THE REPETITION,ETC., OF A NUISANCE

To of .

Whereas it has been made to appear to this Court that, etc. (state the properrecital, guided by Form No. 17 or Form No. 21, as the case may be):

You are hereby ordered and enjoined not to repeat the said nuisance by againplacing, or causing, or permitting to be placed, etc. (as the case may be).


(Seal) Magistrate



ORDER OF MAGISTRATE TO PREVENT OBSTRUCTION, RIOT, ETC.

To of .

Whereas it has been made to appear to this Court that you are in possession[or have the management] of and that, in digging a drain onthe said land, you are about to throw or place a portion of the earth and stonesdug up upon the adjoining public road, so as to occasion risk of obstructionto persons using the road:

or

Whereas it has been made to appear to this Court that you and a number ofother persons (mention the class of persons) are about to meet and proceed ina religious procession along the public street, etc. (as the case may be) and thatsuch procession is likely to lead to a riot or an affray:

or

Whereas, etc., etc. (as the case may be).

You are hereby ordered not to place or permit to be placed any of the earthor stones dug from your land in any part of the said road.

or

The procession passing along the said street is hereby prohibited, and youare warned and enjoined not to take any part in such procession [or, as the caserecited may require].


(Seal) Magistrate



ORDER OF MAGISTRATE DECLARING PARTY ENTITLED TO RETAIN

POSSESSION OF LAND, ETC., IN DISPUTE

Whereas it appears to the undersigned Magistrate on the grounds duly recorded,that a dispute, likely to induce a breach of the peace, existed between (describethe parties by name and residence, or residence only if the dispute be betweenbodies of villagers) concerning certain situate at theparties were called upon to give in to this Court a written statement of theirrespective claims as to the fact of actual possession of the said (the subject ofdispute), and this Court being satisfied by due inquiry had thereupon, withoutreference to the merits of the claim of either of the said parties to the legal rightof possession, that the claim of actual possession by the said is true:

It is hereby decided and declared that he is [or they are] in possession ofthe said and entitled to retain such possession until ousted by duecourse of law, and any disturbance of his [or their] possession in the meantimeis forbidden.


(Seal) Magistrate


WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS

TO THE POSSESSION OF LAND, ETC.

To the Chief Police Officer of the State of [or, To the District LandAdministrator ].

Whereas it having been made to appear to the undersignedMagistrate that a dispute likely to induce a breach of the peace existed between

of and of concerning certain situateat , the said parties were thereupon duly called upon to state to thisCourt in writing their respective claims as to the fact of actual possession ofthe said . And whereas, upon due enquiry into the said claims, thisCourt has decided that neither of the said parties was in possession of the said

[or this Court is unable to satisfy itself as to which of the said partieswas in possession as aforesaid]:

This is to authorize and require you to attach the said (the subject of dispute)by taking and keeping possession of it, and to hold the same under attachmentuntil the decree or order of a competent Court determining the rights of theparties, or the claim to possession, shall have been obtained; and to return thiswarrant with an indorsement certifying the manner of its execution.


(Seal) Magistrate



ORDER OF MAGISTRATE PROHIBITING THE DOING OF ANYTHING

ON LAND OR WATER

A dispute having arisen concerning the right of use of situateat , possession of which land [or water] is claimed exclusively byand it appearing to this Court, on due enquiry into the same, that the said land[or water] has been open to the enjoyment of such use by the public [or if byany individual or a class of persons, describe him or them], and [if the use canbe enjoyed throughout the year—that the said use has been enjoyed within threemonths of the institution of the said enquiry, or if the use is enjoyable only atparticular seasons, say during the last of the seasons at which the same iscapable of being enjoyed]:

It is hereby ordered that the said or any one in their interest, shallnot take [or retain] possession of the said land [or water] to the exclusion ofthe enjoyment of the right of use aforesaid, until he [or they] shall obtain thedecree or order of a competent Court adjudging him [or them] to be entitledto exclusive possession.


(Seal) Magistrate


BOND TO PROSECUTE OR GIVE EVIDENCE

I of do hereby bind myself to attend at the Magistrate’s

Court at , at a.m./p.m. on the day of next, and then andthere to give evidence in the matter of a charge of against one A B; and in caseof my making default herein, I bind myself to forfeit to the Yang di-PertuanAgong the sum of ringgit.


Signature



REPORT OF POLICE INVESTIGATION

To the Public Prosecutor.

1. At a.m./p.m. on the day of 20 , I receivedinformation by from that a had taken place at andthat persons were concerned or suspected of being concerned therein,and that the total amount of property concerned in the report was RM .

2. I proceeded thereupon to take action as detailed in the enclosed investigationdiaries.

3. I ascertained the following facts.

4. I examined the following witnesses whose statements accompany this report:persons marked “B” are under a Bond to appear in Court.

5. The following documents accompany this report in addition to thestatements of the witnesses:

Investigation Diary No.

6. I am of opinion that the offence of is disclosed andthat the following persons are concerned therein .

7. I have reason to believe that the following persons apart from those accusedpersons not yet arrested can throw light upon the case but I have been unableto examine them for the reasons here stated:

8. The under-mentioned articles have been secured or recovered and are toserve as exhibits.

Signature



CHARGES

(1)—CHARGES WITH ONE HEAD

Penal Code:

On section 121

1. That you, on or about the day of , at , wagedwar against the Yang di-Pertuan Agong and thereby committed an offencepunishable under section 121 of the Penal Code.

On section 124

2. That you, on or about the day of , at , with theintention of inducing a member of the State Legislative Assembly to refrainfrom exercising a lawful power as such member, assaulted such member, andthereby committed an offence punishable under section 124 of the Penal Code.

On section 161

3. That you, being a public servant in the Department directlyaccepted from (state the name), for another party (state the name) a gratificationother than legal remuneration as a motive for forbearing to do an official act,and thereby committed an offence punishable under section 161 of the PenalCode.

On section 166

4. That you, on or about the day of , at , did [or omittedto do, as the case may be] such conduct being contrary to and known byyou to be prejudicial to and thereby committed an offence punishableunder section 166 of the Penal Code.

On section 193

5. That you, on or about the day of , at , in thecourse of the trial of before , stated in evidence that whichstatement you either knew or believed to be false, or did not believe to be true,and thereby committed an offence punishable under section 193 of the PenalCode.

On section 304

6. That you, on or about the day of , at , committedculpable homicide not amounting to murder, by causing the death of and therebycommitted an offence punishable under section 304 of the Penal Code.


On section 306

7. That you, on or about the day of , at , abetted thecommission of suicide by A B, a person in a state of intoxication, and therebycommitted an offence punishable under section 306 of the Penal Code.

On section 325

8. That you, on or about the day of , at , voluntarilycaused grievous hurt to , and thereby committed an offence punishableunder section 325 of the Penal Code.

On section 392

9. That you, on or about the day of ,at , robbedand thereby committed an offence punishable under section 392 of the PenalCode.

On section 395

10. That you, on or about the day of , at , committedgang-robbery, an offence punishable under section 395 of the Penal Code.

(II)—CHARGES WITH TWO OR MORE HEADS

On section 241

1. First—That you, on or about the day of , at , knowing acoin to be counterfeit, delivered the same to another person, by name A B, asgenuine, and thereby committed an offence punishable under section 241 of thePenal Code.

Secondly—That you, on or about the day of, at , knowing acoin to be counterfeit, attempted to induce another person, by name A B, toreceive it as genuine, and thereby committed an offence punishable undersection 241 of the Penal Code.

On sections 302 and 304

2. First—That you, on or about the day of , at , committedmurder by causing the death of , and thereby committed an offencepunishable under section 302 of the Penal Code.

Secondly—That you, on or about the day of , at , committedculpable homicide not amounting to murder by causing the death of andthereby committed an offence punishable under section 304 of the Penal Code.

On sections 379 and 382

3. First—That you, on or about the day of, at , committedtheft, and thereby committed an offence punishable under section 379 of thePenal Code.


Secondly—That you, on or about the day of , at , committedtheft, having made preparations for causing death to a person in order to thecommitting of such theft, and thereby committed an offence punishable undersection 382 of the Penal Code.

Thirdly—That you, on or about the day of , at , committedtheft, having made preparation for causing restraint to a person in order to theeffecting of your escape after the committing of such theft, and thereby committedan offence punishable under section 382 of the Penal Code.

Fourthly—That you, on or about the day of , at , committedtheft, having made preparation for causing fear of hurt to a person in order tothe retaining of property taken by such theft, and thereby committed an offencepunishable under section 382 of the Penal Code.

Alternative charges on section 193

4. That you, on or about the day of , at , in the courseof the inquiry into before , stated in evidence that andthat you, on or about the day of , at , in the courseof the trial of , before , stated evidence that one of whichstatements you either knew or believed to be false, or did not believe to be true,and thereby committed an offence punishable under section 193 of the PenalCode.

(III)—CHARGE FOR THEFT AFTER A PREVIOUS CONVICTION

That you, on or about the day of , at , committedtheft, and thereby committed an offence punishable under section 379 of thePenal Code.

And further that you, before the committing of the said offence, that is tosay, on the day of , had been convicted by the at ofan offence punishable under Chapter XVII of the Penal Code with imprisonmentfor a term of three years, that is to say, the offence of housebreaking by night(describe the offence in the words used in the section under which the accusedwas convicted) which conviction is still in full force and effect, and that youare thereby liable to enhanced punishment under section 75 of the Penal Code.


FORMAL PART OF CHARGES TRIED BEFORE THE HIGH COURT

A BYou are charged at the instance of the Public Prosecutor, and the charge

against you is .

Public Prosecutor



WARRANT OF COMMITMENT ON A SENTENCE OF

IMPRISONMENT OR FINE


Whereas on the day of the (lst, 2nd, 3rd, as the case maybe) prisoner in Case No at the Magistrate’s Court atwas convicted before this Court of the offence of under section [orsections ] of the Penal Code [or of Enactment ], and wassentenced to .

This is to authorize and require you, the said Officer, to receive the said intoyour custody, together with this warrant, and carry the aforesaid sentence intoexecution according to law.


(Seal) Registrar, High Court


WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER

AMENDS BY DISTRESS


Whereas of has brought against of the complaintthat , and the same has been dismissed as frivolous [orvexatious], and the order of dismissal awards payment by the saidof of the sum of ringgit as amends; and whereas thesaid sum has not been paid and cannot be recovered by distress of the movableproperty of the said and an order has been made for hisimprisonment for the period of days, unless the aforesaid sumbe sooner paid:

This is to authorize and require you, the said Officer, to receive thesaid into your custody, together with this warrant, and to keephim safely in prison for the said period of subject to section 432of the Criminal Procedure Code, unless the said sum be sooner paid; and onthe receipt of it, immediately to set him at liberty, returning this warrant withan indorsement certifying the manner of its execution.


(Seal) Magistrate



SUMMONS TO A WITNESS

To of .

Whereas complaint has been made before me that of has [oris suspected to have] committed the offence of (state the offence concisely, withtime and place) and it appears to me that you are likely to be able to givematerial evidence respecting the matter of such complaint:

You are hereby summoned to appear before the Magistrate’s Courtat on the day of next at a.m./p.m.to testify what you know concerning the matter of the said complaint, and notto depart thence without leave of the Court; and you are hereby warned thatif you shall, without just excuse, neglect or refuse to appear on the said date,a warrant will be issued to compel your attendance.


(Seal) Magistrate

FORM 32

SUMMONS TO ASSESSORS OR JURORS

(Deleted by Act A908).


WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH


Whereas at the Assizes held on the day of the (1st, 2nd, 3rd,as the case may be) prisoner in Case No. at the said Assizes was dulyconvicted of the offence of murder under section 302 of the Penal Code, andsentenced to suffer death:

This is to authorize and require you, the said Officer, to receive the said into your custody, together with this warrant, and to keep him

safely there until you shall receive the further warrant or order of this Court,or an order of the Ruler of the State thereon.


(Seal) Registrar



WARRANT OF EXECUTION ON A SENTENCE OF DEATH

To the Officer in charge of the Prison at

Whereas the (1st, 2nd, 3rd, as the case may be) prisoner inCase No. at the Assizes held at on the day of 20 , has been, by a warrant of this Court, dated the dayof committed to your custody under sentence of death; and whereasthe order of the Ruler of the State directing the said sentence to be carried intoeffect has been received by this Court:

This is to authorize and require you, the said Officer, to carry the saidsentence into execution by causing the said to be hanged by the neck untilhe is dead, at (time and place of execution), and to return this warrant to theCourt with an indorsement certifying that the sentence has been executed.


(Seal) Judge


WARRANT TO LEVY A FINE BY DISTRESS AND SALE

To of .

Whereas of was on the day of 20 , convicted before meof the offence of and sentenced to pay a fine of ringgit,and whereas the said although required to pay the said fine, has notpaid the same or any part of it:

This is to authorize and require you to make distress by seizure of anyproperty belonging to the said which may be found within the Districtof and, if within next after such distress the said sum shall not bepaid [or immediately], to sell the property distrained, or so much of it as shallbe sufficient to satisfy the said fine, returning this warrant, with an indorsementcertifying what you have done under it, immediately upon its execution.


(Seal) Magistrate

Form of Indorsement

Whereas it has been proved to me that the signature T S to the within warrantis that of T S, a Magistrate of the District of , I do hereby authorize theexecution in the District of of the said warrant by .

Magistrate



BOND TO APPEAR AND RECEIVE JUDGMENT

Whereas I inhabitant of have been calledupon to enter into a bond to appear before the Court ofat if and when called upon to receive the judgment of the saidCourt for the offence of which of I have been convicted,and in the meantime to be of good behaviour; I hereby bind myself to appearon the day of 20 , in the said Court or wherever I shall be required,and in the meantime to be of good behaviour and to keep the peace towardsthe Yang di-Pertuan Agong and to all persons within Malaysia; and in case Imake default in any of the conditions herein I bind myself to forfeit to the Yangdi-Pertuan Agong the sum of ringgit.


Signature

Where a bond with sureties is to be executed, add:

We do hereby declare ourselves sureties for the abovenamedthat he will appear in the Court of at on the day of 20 , or wherever he shall be required, and thathe will in the meantime be of good behaviour and keep the peace towards theYang di- Pertuan Agong and to all persons within Malaysia; and in case of hismaking default in any of the conditions herein, we bind ourselves, jointly andseverally, to forfeit to the Yang di-Pertuan Agong the sum of ringgit.

Dated this day of 20 . Signature


WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT

WHEN A FINE IS IMPOSED


Whereas at a Court before me on this day of in the presence [or view]of the Court committed wilful contempt:

And whereas for such contempt the said has been adjudged by the Courtto pay a fine of ringgit, or in default to suffer imprisonment for the spaceof .

This is to authorize and require you to receive the said into yourcustody, together with this warrant, and to keep him safely in prison for thesaid period of unless the said fine be sooner paid; and, on the receipt ofit, immediately to set him at liberty, returning this warrant with an indorsementcertifying the manner of its execution.


(Seal) Magistrate



WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER


Whereas of being summoned [or brought beforethis Court] as a witness and this day required to give evidence on an enquiryinto an alleged offence, refused to answer a certain question [or certain questions]put to him touching the said alleged offence, and duly recorded, without allegingany just excuse for such refusal, and for this contempt has been adjudgeddetention in custody for .

This is to authorize and require you to take the said intocustody, and to keep him safely in your custody for the space of days,unless in the meantime he shall consent to be examined and to answer thequestions asked of him, and on the last of the said days, or immediately on suchconsent being known, to bring him before this Court to be dealt with accordingto law; returning this warrant with an indorsement certifying the manner of itsexecution.


(Seal) Magistrate

FORM 39

BOND AND BAIL BOND ON A PRELIMINARY INQUIRY

BEFORE A MAGISTRATE

(Deleted by Act A908).


WARRANT OF DISCHARGE A PERSON IMPRISONED ON

FAILURE TO GIVE SECURITY


Whereas of was committed to your custody under warrantof this Court, dated the day of 20 , and has since withhis surety [or sureties] duly executed a bond under the Criminal ProcedureCode:

This is to authorize and require you forthwith to discharge the said fromyour custody, unless he is liable to be detained for some other matter.


(Seal) Registrar or Magistrate



WARRANT OF ATTACHMENT TO ENFORCE A BOND

To .

Whereas of has failed to appear on pursuantto his recognizance, and has by such default forfeited to the Yang di-PertuanAgong the sum of ringgit, and whereas the said has, on duenotice to him, failed to pay the said sum or show any sufficient cause whypayment should not be enforced against him:

This is to authorize and require you to attach any movable property of thesaid that you may find by seizure and detention, and if the said amountis not paid within three days to sell the property so attached or so much of itas may be sufficient to realise the amount aforesaid, and to make return of whatyou have done under this warrant immediately upon its execution.




NOTICE TO SURETY ON BREACH OF A BOND

To of .

Whereas on the day of 20 , you became surety for of that heshould appear before this Court on the day of 20 , and bound yourselfin default thereof to forfeit the sum of ringgit to the Yang di-Pertuan Agong,and whereas the said has failed to appear before this Court, and by reason ofsuch default you have forfeited the aforesaid sum of ringgit:

You are hereby required to pay the said penalty or show cause, within daysfrom this date, why payment of the said sum should not be enforced againstyou.





NOTICE TO SURETY OF FORFEITURE OF BOND

FOR GOOD BEHAVIOUR

To of .

Whereas on the day of 20 , you became suretyby a bond for of that he would be of good behaviour for theperiod of , and bound yourself in default thereof to forfeit the sum of ringgit to the Yang di-Pertuan Agong, and whereas the said hasbeen convicted of the offence of committed since you became suchsurety, whereby your security bond has become forfeited:

You are hereby required to pay the said penalty of ringgit, or toshow cause within days why it should not be paid.




WARRANT OF ATTACHEMENT AGAINST A SURETY

To .

Whereas of has bound himself as surety for the appearanceof (mention the condition of the bond), and the said has made default,and thereby forfeited to the Yang di-Pertuan Agong the sum of ringgit.

This is to authorize and require you to attach any movable property of thesaid which you may find by seizure and detention; and, if the saidamount is not paid within three days to sell the property so attached, or so muchof it as may be sufficient to realise the amount aforesaid, and make return ofwhat you have done under this warrant immediately upon its execution.


(Seal) Magistrate



WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED

PERSON ADMITTED TO BAIL


Whereas of has bound himself as a surety for theappearance of (state the condition of the bond) and the said hastherein made default whereby the penalty mentioned in the said bond has beenforfeited to the Yang di- Pertuan Agong, and whereas the said has,on due notice to him, failed to pay the said sum or show any sufficient causewhy payment should not be enforced against him, and the same cannot berecovered by attachment and sale of movable property of his, and an order hasbeen made for his imprisonment in the Civil Prison for

This is to authorize and require you , to receive the said intoyour custody with this warrant, and to keep him safely in the said Prison forthe said and to return this warrant with an indorsement certifyingthe manner of its execution.


(Seal) Magistrate


NOTICE TO THE PRINCIPAL OF FORFEITURE OF A BOND

TO KEEP THE PEACE

To of .

Whereas on the day of 20 ,you enteredinto a bond not to commit, etc. (as in the bond), and proof of the forfeiture ofthe same has been given before me and duly recorded:

You are hereby called upon to pay the said penalty of ringgit orto show cause before me within days why payment of the sameshould not be enforced against you.


(Seal) Magistrate



WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON

BREACH OF A BOND TO KEEP THE PEACE

To .

Whereas of did on the day of enterinto a bond for the sum of ringgit, binding himself not tocommit a breach of the peace, etc. (as in the bond), and proof of the forfeitureof the said bond has been given before me and duly recorded; and whereasnotice has been given to the said calling upon him to showcause why the said sum should not be paid, and he has failed to do so or topay the said sum:

This is to authorize and require you to attach by seizure the property belongingto the said to the value of ringgit whichyou may find; and if the said sum is not paid within , to sell theproperty so attached, or so much of it as may be sufficient to realise the same,and to make return of what you have done under this warrant immediately uponits execution.


(Seal) Magistrate


WARRANT OF IMPRISONMENT ON BREACH O BREACH OF A BOND

TO KEEP THE PEACE


Whereas proof has been given before me and duly recorded that of has committed a breach of the bond enteredinto by him to keep the peace, whereby he has forfeited to the Yang di-PertuanAgong the sum of ringgit; and whereas the said has failedto pay the said sum or to show cause why the said sum should not be paid,although duly called upon to do so, and payment thereof cannot be enforcedby attachment of his movable property, and an order has been made for theimprisonment of the said in the Civil Prison for the period of .

This is to authorize and require you, the said Officer of the said Civil Prisonto receive the said into your custody, together with this warrant, and tokeep him safely in the said Prison for the said period of ; and to returnthis warrant with an indorsement certifying the manner of its execution.


(Seal) Magistrate


FORM 49 Section 404]

WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF

BOND FOR GOOD BEHAVIOUR

To .

Whereas of did on the day of 20 ,give security by bond in the sum of ringgit for the good behaviourof , and proof has been given before me and duly recorded of thecommission by the said of the offence of whereby the saidbond has been forfeited; and whereas notice has been given to thesaid calling upon him to show cause why the said sumshould not be paid, and he has failed to do so or to pay the said sum:

This is to authorize and require you to attach by seizure the property belongingto the said to the value of ringgit, which you mayfind, and if the said sum be not paid within to sell the property soattached, or so much of it as may be sufficient to realise the same, and to makereturn of what you have done under this warrant immediately upon its execution.


(Seal) Magistrate


WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND

FOR GOOD BEHAVIOUR


Whereas of did on the day of 20 ,give security by bond in the sum of ringgit for the goodbehaviour of and proof of the breach of the said bond has beengiven before me and duly recorded , whereby the said hasforfeited to the Yang di-Pertuan Agong the sum of ringgit;and whereas he has failed to pay the said sum or to show cause why the saidsum should not be paid, although duly called upon to do so, and payment thereofcannot be enforced by attachment of his property, and an order has been madefor the imprisonment of the said in the Civil Prison for the period of .

This is to authorize and require you, , to receive the said intoyour custody, together with this warrant, and to keep him safely inPrison for the said period of ; returning this warrant with anindorsement certifying the manner of its execution.


(Seal) Magistrate



FORM OF PETITION OF APPEAL

In theTo the Judges of the High Court.The petition of A BShoweth as follows:

1. *Your petitioner the above-named A B was charged with andconvicted [or acquitted] at the Magistrate’s Court held at on theday of 20 , and the following order was made thereon (herestate shortly the substance of the judgment or sentence).

2. Your petitioner is dissatisfied with the said judgment on the grounds following:(here state the particular grounds of appeal on which the appellant relies).

3. Your petitioner prays that such judgment or sentence may be reversed orthat such order may be made thereon as justice may require.

Appellant


FORM OF WARRANT

To the Officer in charge of the Prison at or Officer in charge ofthe (name of asylum) or to (name of officer) in charge of .

You are hereby required to have the body of now a prisoner inthe (name of prison) or now in custody at the (name of asylum) or now in yourcharge, under safe and sure conduct before the High Court at on theday of next by a.m./p.m. of the same day, there to bedealt with according to law; and unless the said shall then and thereby the said Court be ordered to be discharged, cause him, after the said Courtshall have dispensed with his further attendance, to be conveyed under safe andsure conduct back to the said prison [or asylum or other custody].


Registrar, High Court

*NOTE—If the appeal is brought by the Public Prosecutor omit the words “Your petitioner” inparagraph 1.



FORM OF WARRANT


You are hereby required to have the body of now a prisoner inyour custody under a warrant of attachment before the High Courton the day of next by a.m./p.m. by of the same day to be dealtwith according to law; and you shall then and there abide by such order as shallin that behalf be made by the said Court. And unless the said shall then andthere by the said Court be ordered to be released you shall, after the said Courtshall have dispensed with his further attendance, cause him to be conveyedunder safe and sure conduct back to the said prison [or other place of custody].


Registrar, High Court


WARRANT TO BRING UP PRISONER TO GIVE EVIDENCE


You are hereby required to have the body of now a prisonerin your custody under safe and sure conduct before this Court on the

day of next by a.m./p.m. of the same day there to give testimonyin a certain charge or prosecution now pending before this Court against andafter the said shall have given his testimony before this Courtor this Court shall have dispensed with his further attendance cause him to beconveyed under safe and sure conduct back to the said prison.




THIRD SCHEDULE

[Section 352A]

MODIFICATION OF CHAPTER XXXIII FORSABAH AND SARAWAK

Provisions modified Modification

Section 342 (v) Insert immediately after words “Mental Disorders Ordinance1952” the words “or, in the case of Sabah and Sarawak,the Lunatics Ordinance of Sabah [Sabah Cap. 74] or theMental Health Ordinance 1961 of Sarawak [SarawakOrdinance 16 of 1961], as the case may be,”.

Section 352 Insert immediately after the words “section 32 of thatOrdinance” the words, “ save that in the application ofthis Chapter—

(i) to Sabah—

(a) the words “mental hospital” means an “asylum”as defined in section 2 of the Lunatics Ordinanceof Sabah

(b) the words “Medical Superintendent” meansthe medical officer in charge of such asylum;and

(c) the provision of this Chapter shall be construedas if the references to “visitors” therein didnot apply to Sabah; and

(ii) to Sarawak—

(a) the words “mental hospital” means any“approved hospital” as defined in section 2 ofthe Mental Health Ordinance 1961 of Sarawak;

(b) the words “Medical Superintendent” meansthe medical officer in charge of such approvedhospital; and

(c) the words “visitors” means the members ofthe Board of Visitors appointed under section16 of that Ordinance, and any reference totwo or more of the visitors shall be construedas a reference to two or more of the membersof such Board.


LAWS OF MALAYSIA

Act 593


LIST OF AMENDMENTS

Amending law Short title In force from

En. No. 19/1936 Criminal Procedure Code 29-07-1936(Amendment) Enactment 1936

En. No. 18/1937 Statute Law Revision (Chief 26-07-1937Secretary’s Powers)Enacment 1937

En. No. 3/1938 Statute Law Revision (General 06-04-1938Amendments) Enactment 1938

En. No. 29/1938 Criminal Procedure Code 21-12-1938(Amendment) Enactment 1938

Ord. 13/1947 Criminal Procedure (Amendment) 10-03-1947Ordinance 1947

F.M. No. 1/1948 Transfer of Powers Ordinance 1948 06-03-1948

F.M. No. 43/1948 Courts Ordinance 1948 01-01-1949

Ord. 36/1950 Married Women and Children 04-07-1950(Maintenance) 1950

Ord. 1/1952 Criminal Procedure Codes 24-03-1952(Amendment) Ordinance 1952

Ord. 14/1952 The Police Ordinance 1952 15-11-1952

Ord. 79/1952 Criminal Procedure Codes 30-12-1952(Amendment No. 2)Ordinance 1952

L.N. 239/1953 Rule Committee Ordinance 1948 Selangor(except SabakBernam andSepang)—01-05-1953,L.N. 252/1953;Remainder ofThe Federation—01-08-1953,L.N. 323/1953


L.N. 240/1953 Rule Committee Ordinance 1948 01-05-1953

L.N. 241/1953 Rule Committee Ordinance 1948 01-05-1953

Ord. 14/1953 Criminal Justice Ordinance 1953 30-04-1953

Ord. 8/1954 Criminal Procedure Codes 25-02-1954 (Amendment) Ordinance 1954

Ord. 21/1955 Criminal Procedure Codes 15-06-1955(Amendment) Ordinance 1955

L.N. 161/1957 Federation of Malaya Agreement Johore:(Transfer of Powers of British 01-02-1957;Advisers) Order 1957 Kedah &

Perlis:01-03-1957;Kelantan,Perak &Terengganu:01-01-1957;NegeriSembilan:28-07-1956;Pahang:01-08-1956;Selangor:16-11-1956

L.N. (N.S.) Federal Constitution (Modification 31-08-19571/1957 of Laws) Order 1957

L.N. (N.S.) Federal Constitution (Modification 31-08-195756/1957 of Laws) Order 1957

L.N. (N.S.) Federal Constitution (Modification 14-11-195773/1957 of Laws) (No. 2) Order 1957

Ord. 69/1957 Criminal Procedure Code 01-01-1958(Amendment) Ordinance 1957

Ord. 73/1958 Criminal Procedure Code 27-12-1958(Amendment) Ordinance 1958

Act 5/1963 Kidnapping Act 1963 21-01-1963

Act 9/1963 Criminal Procedure Code 21-01-1963 (Amendment) Act 1963

Act 6/1965 Warrants and Summonses 21-01-1965(Special Provisions) Act 1965



L.N. 228/1965 Modification of Laws (Criminal 16-09-1963Procedure) (Powers of Arrest)(Malaysia) Order 1965

Act 25/1967 Criminal Procedure Code 01-06-1967(Amendment) Act 1967

Act 38/1967 Criminal Procedure Code 29-08-1967(Amendment) (No. 2) Act 1967

Act A6 Criminal Procedure Code 01-03-1969(Amendment) Act 1969

P.U. (A) Emergency (Essential Powers) 18-12-1969521/1969 Ordinance No. 14 of 1969


Act A324 Criminal Procedure Code 10-01-1976(Amendment and Extension)Act 1976

A365 Criminal Procedure Code 29-10-1976(Amendment) Act 1976

P.U. (A) 97/1976 Modification of Laws (Criminal 10-01-1976Procedure) (Sabah and Sarawak)Order 1976

Act A549 Penal Code and Criminal Procedure 20-02-1983Code (Amendment) Act 1983

Act A614 Penal Code (Amendment) Act 1985 31-05-1985





Act A908 *Criminal Procedure Code 17-02-1995(Amendment) Act 1995


Act A1015 **Criminal Procedure Code 01-04-1998(Amendment) Act 1998

Act A1132 Criminal Procedure 01-08-2002(Amendment) Act 2001

P.U. (A) Revision of Laws (Rectification of 17-06-2005224/2005 Criminal Procedure Code) Order 2005


*NOTE—Any preliminary inquiry, trial by jury or trial with the aid of assessors that has beencommenced before or on the commencement of the amending Act shall be continued or concludedin all respects as if the amending Act has not been passed and for that purpose, any preliminaryinquiry or trial has been commenced when the accused has appeared before or has been broughtbefore the Magistrate’s Court or the High Court, as the case may be, and evidence has begun tobe adduced in the inquiry or trial–see section 39 of the Criminal Procedure Code (Amendment)Act 1995 [Act A908].**NOTE—The provisions of the Act shall not apply to any prosecution or proceeding which hasbeen instituted but has not been completed on the date of the commencement of the Act.—No finding, judgment, sentence or order of any Court passed or imposed before the date of thecommencement of the Act or during or at the conclusion of any prosecution or proceeding referredto in subsection 11(1) of the Act shall be reversed, altered or affected by any provision of the Act–see subsections (1) and (2) of the Criminal Procedure Code (Amendment) Act 1998 [Act A1015].


LAW OF MALAYSIA

ACT 593


LIST OF SECTIONS AMENDED

Section Amending authority In force from

Throughout the Act Act A365 29-10-1976

2 Act A324 10-01-1976Act A841 05-02-1995Act A1132 01-08-2002

5 Act A324 10-01-1976

8 Act A908 17-02-1995

9 Act A908 17-02-1995

56 Act A324 10-01-1976

83 Act A324 10-01-1976

84 Act A324 10-01-1976

88 Act A324 10-01-1976

108 Act A1132 01-08-2002

112 Act A365 29-10-1976

113 Act A324 10-01-1976

114 Act A324 10-01-1976

117 Act A324 10-01-1976Act A1132 01-08-2002

124 Act A324 10-01-1976

127 Act A324 10-01-1976

127A Act A324 10-01-1976

127B Act A324 10-01-1976

128 Act A908 17-02-1995


130 Act A549 20-02-1983

133 Act A1015 01-04-1998

134 Act A1015 01-04-1998

135 Act A1015 01-04-1998

Chapter XVII Act A908 17-02-1995

Chapter XVIII Act A908 17-02-1995

138 Act A324 10-01-1976

154 P.U. (A) 224/2005 17-06-2005

157 Act A1132 01-08-2002

158 Act A908 17-02-1995

173 Act A979 31-01-1997

177 Act A908 17-02-1995

177A Act A908 17-02-1995

Chapter XX Act A908 17-02-1995

178 Act A979 31-01-1997

179 Act A908 17-02-1995

180 Act A979 31-01-1997

181 Act A979 31-01-1997

182A Act A979 31-01-1997

183 Act A979 31-01-1997

183A Act A324 10-01-1976

184 Act A324 10-01-1976

199A Act A324 10-01-1976

Chapter XXI Act A908 17-02-1995

Chapter XXII Act A908 17-02-1995

Chapter XXIII Act A908 17-02-1995



235A Act A324 10-01-1997

244 Act A324 10-01-1997

247 Act A324 10-01-1997

248 Act A324 10-01-1997

252 Act A908 17-02-1995

252A Act A908 17-02-1995

254 Act A908 17-02-1995

255 Act A1132 01-08-2002

256 Act A908 17-02-1995

258 Act A908 17-02-1995

261 Act A908 17-02-1995

262 Act A908 17-02-1995

264 Act A908 17-02-1995

267 Act A908 17-02-1995

269 Act A908 17-02-1995

281 Act A908 17-02-1995

288 Act A908 17-02-1995

303A Act A324 10-01-1976

316 Act A1132 01-08-2002

324 Act A324 10-01-1976

332 Act A1132 01-08-2002

334 Act A1132 01-08-2002

340 Act A1132 01-08-2002

342 Act A908 17-02-1995Act A1132 01-08-2002

343 Act A908 17-02-1995Act A1132 01-08-2002



344 Act A1132 01-08-2002

345 Act A908 17-02-1995

346 Act A908 17-02-1995

348 Act A1132 01-08-2002

349 Act A908 17-02-1995Act A1132 01-08-2002

350 Act A1132 01-08-2002

351 Act A1132 01-08-2002

352 Act A1132 01-08-2002

352A Act A728 05-05-1989Act A1132 01-08-2002

376 Act A324 10-01-1976Act A365 29-10-1976Act A908 17-02-1995Act A1015 01-04-1998

377 Act A1015 01-04-1998

378 Act A1015 01-04-1998

380 Act A1015 01-04-1998

380A Act A1015 01-04-1998

381-386 Act A908 17-02-1995

398 Act A908 17-02-1995

401 Act A908 17-02-1995

402 Act A908 17-02-1995

402A Act A324 10-01-1976

417 Act A324 10-01-1976Act A908 17-02-1995

418A Act A324 10-01-1976Act A728 05-05-1989Act A908 17-02-1995



418B Act A728 05-05-1989Act A1015 01-04-1998

422 Act A1015 01-04-1998

427 Act A908 17-02-1993

429 Act A908 17-02-1993

439 Act A908 17-02-1993

First Schedule Act A324 10-01-1976Act A549 20-02-1983Act A614 31-05-1985Act A728 05-05-1989Act A1132 01-08-2002

Second Schedule Act A908 17-02-1995

Third Schedule Act A728 05-05-1989


DICETAK OLEHPERCETAKAN NASIONAL MALAYSIA BERHAD,KUALA LUMPURBAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

LAWS OF MALAYSIA - UZH

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