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).Part I: Preliminary
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 applicablePart 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 StatePart III: General Provisions
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 mattersChapter 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 32Chapter 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 appearanceChapter 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 searchPart IV: Prevention of Offences
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 suretiesChapter VIII: Unlawful Assemblies
:83. Who may order unlawful assembly to disperse :84. Forcible dispersal of unlawful assemblies :85–87. (Deleted) :88. Protection against prosecutionChapter 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 nuisanceChapter X: Temporary Orders in Urgent Cases of Nuisance
:98. Power to issue order absolute at once in urgent cases of nuisanceChapter 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 costsChapter 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 propertyPart V: Information to Police and Their Powers to Investigate
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 officerPart VI: Proceedings in Prosecutions
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 husbandChapter XV: Complaints to Magistrates
:133. Examination of complainant :134. Postponement of issue of process :135. Dismissal of complaintChapter XVI: Commencement of Proceedings before a Magistrate's Court
:136. Issue of process :137. Personal attendance of accused may be dispensed withChapter 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 ScheduleChapter 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 CourtChapter 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. SentenceChapter 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 holidayChapter 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 evidenceChapter 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 recordChapter 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 warrantChapter XXVIII: Suspensions, Remissions and Commutations of Sentences
:300. Power to suspend or remit sentence :301. Power to commute punishmentChapter 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 convictionPart 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. CostsChapter 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 revisionPart 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 reviseChapter 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 SarawakChapter 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 himselfChapter 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 warrantPart 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. AppealChapter 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 alibiChapter 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 bondChapter 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 absentChapter 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 applicableChapter 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 distressChapter 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 finesFirst Schedule: Tabular Statement of Offences under the Penal Code
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 EvidenceThird Schedule: Modification of Chapter XXXIII for Sabah and Sarawak
References
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