Malaysia legislation
Section 111
Section 111
(a)
a child who is in need of protection;
(b)
a child who is being concealed, confined or detained in contravention of this Act; or
(c)
the commission of an offence against this Act, the Magistrate may issue a search warrant authorizing a Protector or police officer to whom it is directed, at any reasonable time by day or night and with or without assistance, to—
(aa) enter and search the premises;
(bb) inspect, make copies of, or take extracts from, any book, record or document;
(cc)
search any person who is in or on the premises, and for the purposes of that search detain the person and remove him to any place as may be necessary to facilitate the search, and seize and detain any article found on that person; and
(dd)
search and remove the child—
(i)
who is in need of protection;
(ii)
who is being concealed, confined or detained in contravention of this Act; or
Act 611
WJW22/0178 BI.indd 128 04/08/2023 3:33 PM
Child 129
(iii)
in respect of whom an offence against this Act has been committed, to a place of safety or place of refuge.
(2)
If a child has been placed in a place of safety pursuant to paragraph (1)(dd), the Protector shall, as soon as practicable, inform the parent or guardian who has lawful custody of the child the whereabouts of the child.
(3)
Whenever it is necessary to do so, a Protector or police officer exercising any power under subsection (1) may—
(a)
break open any outer or inner door or window of any premises in order to effect entry into the premises;
(b)
forcibly enter any premises and any part of the premises;
(c)
remove by force any obstruction to entry, search, seizure, detention or removal as he is empowered to effect under subsection (2);
(d)
detain any person found in or on any premises searched under subsection (1) until the search is completed.
(4)
A female person shall not be searched under this section or section 110 except by another female person and a male person shall not be searched except by another male person and such search shall be carried out with strict regard to decency.
(5)
A person who by force, restraint, threats, inducement or other means causes any child who is in need of protection to conceal himself in or to leave any premises being searched or about to be searched by a Protector or a police officer under this section, with the intent that the search by such Protector or police officer may be evaded or obstructed, commits an offence.
(6)
It shall be the duty of the owner or occupier of any premises searched under this section and any person found in or on the premises to—
(a)
provide the Protector or police officer with all such facilities and assistance as he may reasonably require;
and
WJW22/0178 BI.indd 129 04/08/2023 3:33 PM
(b)
give the Protector or police officer all reasonable information required by him.
Search without warrant