# Criminal Procedure Code (Malaysia)

The Criminal Procedure Code (Malay: 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).

### 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 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

### Part 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 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

### Part 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 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

### Part 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 officer

### Part 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 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

### 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

    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 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

### 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

#### 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