Criminal Procedure Code (Malaysia)

The Criminal Procedure Code (Kanun Tatacara Jenayah), are Malaysian laws which enacted relating to criminal procedure.

Structure
The Criminal Procedure Code, in its current form (1 January 2006), consists of 4 Parts containing 44 chapters, 444 sections and 3 schedules (including 44 amendments).

Chapter I

 * 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

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

Chapter III: Aid and Information to Magistrates and Police and Persons Making Arrests

 * 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
 * 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 and Warrants 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 of Malaysia
 * 49. Power to take bond for appearance
 * 50. Arrest on breach of bond for appearance

Chapter VI: Processes to Compel the Production of Documents and Other Movable Property and for the Discovery of Persons Wrongfully Confined

 * 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

Chapter VII: Security for Keeping the Peace and 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 persons disseminating 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 to Order 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 the High 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
 * 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 of peace
 * 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

Chapter XIII

 * 107. Information of offences
 * 108. Procedure in non-seizable cases
 * 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

Chapter XIV: Jurisdiction of Criminal Courts in Inquiries and 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 criminal breach 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
 * 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 before a Magistrate's Court

 * 136. Issue of process
 * 137. Personal attendance of accused may be dispensed with

Chapter XVII: Preliminary Inquiries into Cases Triable by the High Court

 * 138–151. (Deleted)

Chapter XVIIA: Special Procedure Relating to Committal in Cases Triable 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
 * 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 requires previous 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

Chapter XX: Trials before the High Court

 * 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 the Aid of Assessors

 * 183A–199. (Deleted)

Chapter XXII: Trials by Jury before the High Court

 * 199A–235. (Deleted)

Chapter XXIII: Jurors and Assessors

 * 235A–251. (Deleted)

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 in Inquiries 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

Chapter XXVII: Sentences and the Carrying Out of It

 * 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 undergoing imprisonment
 * 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 Malay States
 * 299. Return of warrant

Chapter XXVIII: Suspensions, Remissions and Commutations of Sentences

 * 300. Power to suspend or remit sentence
 * 301. Power to commute punishment

Chapter XXIX: Previous Acquittals or Convictions

 * 302. Person once convicted or acquitted not to be tried again for same offence
 * 303. Plea of previous acquittal or conviction

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

 * 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

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 his defence
 * 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 Offences Affecting 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
 * 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

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

Chapter XXXIX: Special Provisions Relating to Evidence

 * 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 Property the 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)
 * 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

Second Schedule: Forms

 * 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
 * 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 of Land, etc., in Dispute
 * 23. Warrant of Attachment in the Case of a Dispute as to the Possession of Land, etc.
 * 24. Order of Magistrate Prohibiting the Doing of Anything on Land or Water
 * 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 is Imposed
 * 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
 * 44. Warrant of Attachment against a Surety
 * 45. Warrant of Commitment of the Surety of an Accused Person Admitted to 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 Bond to 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