Malaysia legislation

Section 247

of COMMUNICATIONS AND MULTIMEDIA ACT 1998

Section 247

(2)

Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—

(a)

copies of any books, accounts or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;

(b)

any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence granted or assignment issued under this Act; or

(c)

any other document, facility, apparatus, equipment, device or matter that is reasonably believed to furnish evidence of the commission of the offence.

(3)

A police officer or an authorized officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(4)

A police officer or an authorized officer making a search of a person under subsection (3) may seize, or take possession of, and place in safe custody all things, other than the necessary clothing, found upon the person, and any other things, for which

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Communications and Multimedia there is reason to believe that they are the instruments or other evidence of the crime, and they may be detained until the discharge or acquittal of the person.

(5)

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(6)

If, by reason of its nature, size or amount, it is not practicable to remove any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter seized under this section, the seizing officer shall, by any means, seal such book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter in the premises or container in which it is found.

(7)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus, equipment, device, thing or matter under seal or attempts to do so commits an offence.

(8)

If a search under this section indicates that there is any interference-causing equipment, radio apparatus or radio-sensitive equipment, the authorized officer may direct that necessary steps be taken to ensure an interference-free environment.

Search and seizure without warrant