Skip to content
mylaw.my
ActIn force

Criminal Procedure Code

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDFReport an issue
EnglishBahasa Malaysia
Enacted
2023
Sections
459
Languages
EN · MS

Criminal Procedure Code is Malaysia Act, cited as Act 593 2023, currently marked in force and first recorded in 2023.

Large legislation

Contents

This Act is large; open any provision below to read its full text.

  1. PreambleAn Act relating to criminal procedure. [Throughout Malaysia— 10 January 1976, Act A324]
  2. Part I
  3. TextPRELIMINARY
  4. Chapter I
  5. TextShort title
  6. Section 1This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as “this Code”.
  7. Section 2Interpretation
  8. Section 3Trial of offences under Penal Code and other laws
  9. Section 4Saving of powers of High Court
  10. Section 5As regards matters of criminal procedure for which no special provision has been made by this Code or by any other law for the time being i...
  11. Part II
  12. TextPROVISIONS AS TO CRIMINAL COURTS
  13. Chapter II
  14. TextCRIMINAL COURTS IN GENERAL
  15. Section 6The Courts for the administration of criminal justice in Malaysia shall be those constituted pursuant to the Constitution, or the Courts of...
  16. Section 7Courts to be open
  17. Section 8(Deleted by Act A908).
  18. Section 9Criminal jurisdiction of Magistrates
  19. Section 10(Deleted by Act A1274).
  20. Part III
  21. TextGENERAL PROVISIONS
  22. Chapter III
  23. TextAID AND INFORMATION TO MAGISTRATES AND POLICE AND
  24. Section 11Every person is bound to assist a Magistrate, Justice of the Peace, police officer or penghulu reasonably demanding his aid―
  25. Section 12Aid to persons other than police officer executing warrant
  26. Section 13Public to give information of certain matters
  27. Section 14Police officer bound to report certain matters
  28. Chapter IV
  29. TextARREST, ESCAPE AND RETAKING
  30. Section 15(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arr...
  31. Section 16Search of place entered by person sought to be arrested
  32. Section 17Search of persons in place searched under warrant
  33. Section 18Power to break open any place for purposes of liberation
  34. Section 19No unnecessary restraint and mode of searching women
  35. Section 20Whenever a person is arrested—
  36. Section 20AProcedure on search of a person
  37. Section 21Power to seize offensive weapons
  38. Section 22Search of person for name and address
  39. Section 23When police or penghulu may arrest without warrant
  40. Section 24Refusal to give name and residence
  41. Section 25How person arrested by penghulu is to be dealt with
  42. Section 26Pursuit of offenders
  43. Section 27Arrest by private persons and procedure in such cases
  44. Section 28(1) A police officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein as to bail or...
  45. Section 28ARights of person arrested
  46. Section 29Release of person arrested
  47. Section 30When any offence is committed in the presence of a Magistrate or
  48. Section 31Arrest by or in presence of Magistrate
  49. Section 32Power on escape to pursue and retake
  50. Section 33Sections 16 and 18 to apply to arrests under section 32
  51. Chapter V
  52. TextPROCESSES TO COMPEL APPEARANCE
  53. Section 34(1) Every summons to appear issued by a Court under this Code shall be in writing and signed as provided by the Courts of Judicature Act 19...
  54. Section 35Summons how served
  55. Section 36Procedure when personal service cannot be effected
  56. Section 37Proof of service
  57. Section 37A(Deleted by Act 6 of 1965). Warrant Of Arrest
  58. Section 38Form of warrant of arrest
  59. Section 39Court may direct by indorsement on warrant security to be taken
  60. Section 40Warrants, to whom directed
  61. Section 41Notification of substance of warrant
  62. Section 42Person arrested to be brought before Court without delay
  63. Section 43Procedure on arrest of person against whom warrant is issued
  64. Section 44Proclamation for person absconding
  65. Section 45Attachment of property of person proclaimed
  66. Section 46Restoration of attached property
  67. Section 47Issue of warrant in lieu of or in addition to summons
  68. Section 48(1) All summonses to appear and warrants of arrest issued by a Magistrate’s Court may be served or executed as the case may be in any part...
  69. Section 49Power to take bond for appearance
  70. Section 50Arrest on breach of bond for appearance
  71. Chapter VI
  72. TextPROCESSES TO COMPEL THE PRODUCTION OF
  73. Section 51(1) Whenever any Court or police officer making a police investigation considers that the production of any property or document is necessa...
  74. Section 51ADelivery of certain documents
  75. Section 52Procedure as to postal articles, etc.
  76. Section 53Sections 34 to 37 to apply
  77. Section 54When search warrant may be issued
  78. Section 55Power to restrict search warrant
  79. Section 56Magistrate may issue warrant authorizing search for evidence of offence
  80. Section 57Form of search warrant
  81. Section 58Search for persons wrongfully confined
  82. Section 59Persons in charge of closed places to allow search
  83. Section 60Magistrate issuing search warrant may attend at its execution
  84. Section 61Magistrate may direct search in his presence
  85. Section 62Search without warrant
  86. Section 62AForfeiture of counterfeit coin
  87. Section 62BForfeiture of counterfeit currency
  88. Section 63Summary search
  89. Section 64A list of all things seized in the course of a search made under this
  90. Section 65Occupant to be present at search
  91. Part IV
  92. TextPREVENTION OF OFFENCES
  93. Chapter VII
  94. TextSECURITY FOR KEEPING THE PEACE AND
  95. Section 66(1) Whenever any person is convicted―
  96. Section 66ASecurity for keeping the peace by complainant
  97. Section 67Security for keeping the peace in other cases
  98. Section 68(1) Whenever it appears to a Magistrate that―
  99. Section 69Security for good behaviour from habitual offenders
  100. Section 70Summons or warrant if required
  101. Section 71Form of summons or warrant
  102. Section 72Power to dispense with personal attendance
  103. Section 73Inquiry to be held
  104. Section 74Order to give security
  105. Section 75Discharge of person informed against
  106. Section 76Commencement of period for which security is required
  107. Section 77Contents of bond
  108. Section 78Power to reject sureties
  109. Section 79Imprisonment in default of security
  110. Section 80Power to release person imprisoned for failing to give security
  111. Section 81Whenever a Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter as ordered by the High Court...
  112. Section 82Discharge of sureties
  113. Chapter VIII
  114. TextUNLAWFUL ASSEMBLIES
  115. Section 83A Magistrate, gazetted police officer, police officer not below the rank of Inspector or officer in charge of a police station may command...
  116. Section 84Forcible dispersal of unlawful assemblies
  117. Section 88(1) No prosecution against any Magistrate, police officer or member of the armed forces for any act purporting to be done under this Chapte...
  118. Chapter IX
  119. TextPUBLIC NUISANCES
  120. Section 89(1) Whenever a First Class Magistrate considers on receiving a report or other information and on taking such evidence, if any, as he think...
  121. Section 90Order to be served or notified
  122. Section 91Person against whom order is made to obey or appear and show cause
  123. Section 92Consequence of his failing to do so
  124. Section 93Procedure on appearance to show cause
  125. Section 94When an order has been made absolute under section 92 or 93 the
  126. Section 95Consequence of disobedience to order
  127. Section 96Injunction pending final decision
  128. Section 97Power to prohibit repetition or continuance of public nuisance
  129. Chapter X
  130. TextTEMPORARY ORDERS IN URGENT CASES
  131. Section 98(1) In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable that Magistrate may, by a written orde...
  132. Section 98APower to issue protection order in cases of stalking
  133. Chapter XI
  134. TextDISPUTES AS TO IMMOVABLE PROPERTY
  135. Section 99(1) Whenever a First Class Magistrate is satisfied, from a police report or other information that a dispute likely to cause a breach of th...
  136. Section 100Power to attach subject of dispute
  137. Section 101Disputes concerning rights over land or water
  138. Section 102Order as to costs
  139. Chapter XII
  140. TextPREVENTIVE ACTION OF THE POLICE
  141. Section 103Every police officer may interpose for the purpose of preventing and shall to the best of his ability using all lawful means prevent the co...
  142. Section 104Information of design to commit seizable offences
  143. Section 105Arrest to prevent seizable offences
  144. Section 106Prevention of injury to public property
  145. Part V
  146. TextINFORMATION TO POLICE AND THEIR POWERS
  147. Chapter XIII
  148. TextInformation of offences
  149. Section 107(1) Every information relating to the commission of an offence, if given orally to an officer in charge of a police station, shall be reduc...
  150. Section 107AReport on status of investigation
  151. Section 108Procedure in non-seizable cases
  152. Section 108AAdmission of certified copy of information as evidence
  153. Section 109Investigation in seizable cases
  154. Section 110Procedure where seizable offence suspected
  155. Section 111Police officer’s power to require attendance of witnesses
  156. Section 112Examination of witnesses by police
  157. Section 113Admission of statements in evidence
  158. Section 114No discouragement from making statement to police
  159. Section 115Criminal Procedure Code 85
  160. Section 116Search by police officer
  161. Section 116ASearch and seizure without warrant
  162. Section 116BAccess to computerized data
  163. Section 116CInterception of communication and admissibility of intercepted communications
  164. Section 117Procedure where investigation cannot be completed within twenty-four hours
  165. Section 118Police officer may require bond for appearance of complainant and witnesses
  166. Section 119Diary of proceedings in investigation
  167. Section 120Report of police officer
  168. Part VI
  169. TextPROCEEDINGS IN PROSECUTIONS
  170. Chapter XIV
  171. TextJURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS
  172. Section 121Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.
  173. Section 122Accused triable in place where act is done or where consequence ensues
  174. Section 123When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the person wa...
  175. Section 124(1) The offence of having escaped from custody may be inquired into or tried by a Court within the local limits of whose jurisdiction the a...
  176. Section 125If—
  177. Section 126Offence committed on a journey
  178. Section 127When doubt arises High Court to decide
  179. Section 127ALiability for offences committed out of Malaysia
  180. Section 127BPower to direct copies of depositions and exhibits to be received in evidence
  181. Section 128Cognizance of offences by Magistrates
  182. Section 129Sanction required for prosecution for certain offences
  183. Section 130No Court shall take cognizance of any offence punishable under Chapter VI of the Penal Code, except section 127, or punishable under sectio...
  184. Section 131Where complaint by person aggrieved
  185. Section 132Where complaint by husband
  186. Chapter XV
  187. TextCOMPLAINTS TO MAGISTRATES
  188. Section 133(1) When a Magistrate takes cognizance of an offence on a complaint―
  189. Section 134Postponement of issue of process
  190. Section 135Dismissal of complaint
  191. Chapter XVI
  192. TextCOMMENCEMENT OF PROCEEDINGS BEFORE
  193. Section 136(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding and the case appears to be...
  194. Section 137Personal attendance of accused may be dispensed with
  195. Chapter XVII
  196. TextPRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH
  197. Chapter XVIII
  198. TextTHE CHARGE
  199. Section 152(1) Every charge under this Code shall state the offence with which the accused is charged.
  200. Section 153Particulars as to time, place and person
  201. Section 154When manner of committing offence must be stated
  202. Section 155Sense of words used in charge to describe offence
  203. Section 156Effect of errors
  204. Section 157(Deleted by Act A1132).
  205. Section 158Court may alter or add to charge
  206. Section 159When trial may proceed immediately after alteration or addition
  207. Section 160When new trial may be directed or trial suspended
  208. Section 161Stay of proceedings if prosecution of offence in altered charge requires previous sanction
  209. Section 162Recall of witnesses when charge altered
  210. Section 163Separate charges for distinct offences
  211. Section 164Three offences of same kind within twelve months may be charged together
  212. Section 165Trial for more than one offence
  213. Section 166If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will cons...
  214. Section 167When a person charged with one offence can be convicted of another
  215. Section 168Person charged with an offence can be convicted of the attempt
  216. Section 169When offence proved is included in offence charged
  217. Section 170When persons may be charged jointly
  218. Section 171Withdrawal of remaining charges on conviction on one of several charges
  219. Section 171AOutstanding offences
  220. Section 172Charges to be in forms in Second Schedule
  221. Section 172APre-trial conference
  222. Section 172BCase management
  223. Section 172CPlea bargaining
  224. Section 172DDisposal of the case
  225. Section 172EFinality of the judgment
  226. Section 172FNotwithstanding anything contained in any law, the statements of or facts stated by an accused in an application for a plea bargaining unde...
  227. Section 172GSubparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty
  228. Chapter XIX
  229. TextSUMMARY TRIALS BY MAGISTRATES
  230. Section 173The following procedure shall be observed by Magistrates in summary trials:
  231. Section 173APower to discharge conditionally or unconditionally
  232. Section 174In summary trials under this Chapter—
  233. Section 175Power to award compensation
  234. Section 176Particulars to be recorded
  235. Section 177Transfer of cases
  236. Section 177ATransmission of case to, and trial by, the High Court
  237. Chapter XXChapter XX.
  238. TextTRIALS BEFORE THE HIGH COURT
  239. Section 178(1) When the Court is ready to commence the trial, the accused shall appear or be brought before it and the charge shall be read and explai...
  240. Section 179Opening case for prosecution
  241. Section 180Procedure after conclusion of case for prosecution
  242. Section 181Defence
  243. Section 182Reply
  244. Section 182AProcedure at the conclusion of the trial
  245. Section 183Sentence
  246. Section 183AVictim’s impact statement
  247. Chapter XXI
  248. TextTRIALS BEFORE THE HIGH COURT WITH THE
  249. Chapter XXII
  250. TextTRIALS BY JURY BEFORE THE HIGH COURT
  251. Chapter XXIII
  252. TextJURORS AND ASSESSORS
  253. Chapter XXIV
  254. TextGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
  255. Section 253Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall...
  256. Section 254Public Prosecutor may decline to prosecute further at any stage
  257. Section 254AReinstatement of trial after discharge
  258. Section 255Right of accused to be defended
  259. Section 256Court may put questions to accused
  260. Section 257Case for prosecution to be explained by Court to undefended accused
  261. Section 258Procedure where accused does not understand proceedings
  262. Section 259Power to postpone or adjourn proceedings
  263. Section 260Compounding offences
  264. Section 261Change of Magistrate during hearing
  265. Section 262Detention of offenders attending in Court
  266. Section 263Weekly or public holiday
  267. Chapter XXV
  268. TextMODE OF TAKING AND RECORDING EVIDENCE IN
  269. Section 264Except as otherwise expressly provided all evidence taken under
  270. Section 265Manner of recording evidence
  271. Section 265ASpecial provisions relating to protected witness
  272. Section 265BIdentification by witness where evidence is taken in camera
  273. Section 265CProtection of identity of witness
  274. Section 266Recording evidence in summons cases
  275. Section 267Recording evidence in other cases
  276. Section 268Record to be in narrative form
  277. Section 269Reading over evidence and correction
  278. Section 270Interpretation of evidence to accused
  279. Section 271Remarks as to demeanour of witness
  280. Section 272Judge to take notes of evidence
  281. Section 272AOther persons may be authorized to take down notes of evidence
  282. Section 272BEvidence through live video or live television links
  283. Section 272CApplication of this Chapter
  284. Section 272DInterpretation for the purposes of this Chapter
  285. Section 272E(1) A Judge or Magistrate shall have the discretion to direct that any proceedings before any Court be recorded, in whole or in part, by an...
  286. Section 272FElectronic record to be transcribed
  287. Section 272GSafe custody of electronic record and transcript
  288. Section 272HTranscript of statement, evidence or deposition of person or witness
  289. Section 272ITranscript to form part of record or notes of proceedings or evidence
  290. Section 272JElectronic filing, lodgement, submission and transmission of document
  291. Section 272KIssuance of Practice Direction
  292. Chapter XXVI
  293. TextJUDGMENT
  294. Section 273The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some...
  295. Section 274(Deleted by F.M. No. 1 of 1948). 152
  296. Section 275Sentence of death not to be passed on pregnant woman
  297. Section 276Judgment in the alternative
  298. Section 277Judgment of death
  299. Section 278Judgment not to be altered
  300. Section 279Judgment to be explained to accused and copy supplied
  301. Section 280Judgment to be filed with record
  302. Chapter XXVII
  303. TextSENTENCES AND THE CARRYING OUT OF IT
  304. Section 281With regard to sentences of death the following provisions shall be followed:
  305. Section 282Provisions as to execution of sentences of imprisonment
  306. Section 283Provisions as to sentences of fine
  307. Section 284Suspension of execution in certain cases
  308. Section 285Warrant by whom issuable
  309. Section 286Place for executing sentence of whipping
  310. Section 287Time of executing such sentence
  311. Section 288Mode of executing such sentence
  312. Section 289Sentence of whipping forbidden in certain cases
  313. Section 290Medical Officer’s certificate required
  314. Section 291Procedure if whipping cannot be inflicted
  315. Section 292Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
  316. Section 293Youthful offenders
  317. Section 294First offenders
  318. Section 294AConditions of bonds
  319. Section 295Sentence of police supervision
  320. Section 295ARehabilitative counseling
  321. Section 296Obligations of persons subject to supervision
  322. Section 297Penalty for non-compliance with section 296
  323. Section 298(Deleted by Act A1274).
  324. Section 299Return of warrant
  325. Chapter XXVIII
  326. TextSUSPENSIONS, REMISSIONS AND COMMUTATIONS
  327. Section 300(1) When any person has been sentenced to punishment for an offence the Ruler of the State, acting in accordance with Article 42 of the Con...
  328. Section 301Power to commute punishment
  329. Chapter XXIX
  330. TextPREVIOUS ACQUITTALS OR CONVICTIONS
  331. Section 302(1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while...
  332. Section 303Plea of previous acquittal or conviction
  333. Part VII
  334. TextAPPEAL AND REVISION
  335. Chapter XXX
  336. TextAPPEALS TO THE HIGH COURT
  337. Section 303AAny reference in this Chapter to a Magistrate and a Magistrate’s
  338. Section 304Cases in which no appeal lies
  339. Section 305When plea of guilty limited right of appeal
  340. Section 306Appeal against acquittal
  341. Section 307Procedure for appeal
  342. Section 308Transmission of appeal record
  343. Section 309(Deleted by Act 25 of 1967).
  344. Section 310Appeal specially allowed in certain cases
  345. Section 311Stay of execution pending appeal
  346. Section 312Setting down appeal on list
  347. Section 313Procedure at hearing
  348. Section 314Non-appearance of respondent
  349. Section 315Arrest of respondent in certain cases
  350. Section 316Decision on appeal
  351. Section 317Order to take further evidence
  352. Section 318Judgment
  353. Section 319Certificate and consequence of judgment
  354. Section 320Death of parties to appeal
  355. Section 321(Deleted by Act 25 of 1967).
  356. Section 322Costs
  357. Chapter XXXI
  358. TextREVISION
  359. Section 323(1) A Judge may call for and examine the record of any proceeding before any subordinate criminal Court for the purpose of satisfying himse...
  360. Section 324Power to order further inquiry
  361. Section 325Powers of Judge on revision
  362. Section 326Permission for parties to appear
  363. Section 327Orders on revision
  364. Part VIII
  365. TextSPECIAL PROCEEDINGS
  366. Section 328In this Chapter the words “cause of death” include not only the apparent cause of death as ascertainable by inspection or post-mortem exami...
  367. Section 329Duty of police officer to investigate death
  368. Section 330Duty of officer to arrange for post-mortem examination in certain cases
  369. Section 331Post-mortem examination of body
  370. Section 332Report of Government Medical Officer
  371. Section 333Duty of Magistrate on receipt of report
  372. Section 334When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that per...
  373. Section 335Powers of Magistrate
  374. Section 336Magistrate may view body
  375. Section 337Inquiries to be made by Magistrate
  376. Section 338Evidence and finding to be recorded
  377. Section 339Power of Public Prosecutor to require inquiry to be held
  378. Section 340Admissibility of medical report in certain cases
  379. Section 341Custody of proceedings
  380. Section 341AChapter XXXI shall also apply to all proceedings under this
  381. Chapter XXXIII
  382. TextPERSONS OF UNSOUND MIND
  383. Section 342(1) When a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapabl...
  384. Section 343Certificate of Medical Director
  385. Section 344Release of person of unsound mind pending investigation or trial
  386. Section 345Resumption of trial
  387. Section 346(Deleted by Act A908).
  388. Section 347Judgment of acquittal on ground of mental disorder
  389. Section 348Safe custody of person acquitted
  390. Section 349Procedure where prisoner of unsound mind is reported able to make his defence
  391. Section 350Procedure where person of unsound mind is reported fit for discharge
  392. Section 351Delivery of person of unsound mind to care of relative
  393. Section 352In this Chapter—
  394. Section 352A(Deleted by Act A1132).
  395. Chapter XXXIV
  396. TextPROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING
  397. Section 353When any such offence as is described in section 175, 178, 179, 180
  398. Section 354Record of facts constituting the offence
  399. Section 355Alternative procedure
  400. Section 356Power to remit punishment
  401. Section 357Refusal to give evidence
  402. Section 358Appeal
  403. Section 359Magistrate not to try certain offences committed before himself
  404. Chapter XXXV
  405. TextMAINTENANCE OF WIVES AND CHILDREN
  406. Chapter XXXVI
  407. TextDIRECTIONS OF THE NATURE OF A HABEAS CORPUS
  408. Section 365The High Court may whenever it thinks fit direct—
  409. Section 366Form of application
  410. Section 367Affidavit, by whom signed
  411. Section 368Copy of warrant
  412. Section 369Court
  413. Section 370Warrant to be prepared
  414. Section 371Service of warrant
  415. Section 372Attendance of prisoner in criminal case
  416. Section 373Duty of officer to whom warrant is addressed
  417. Section 374Any person aggrieved by any decision or direction of the High
  418. Section 375No application to banishment warrant
  419. Part IX
  420. TextSUPPLEMENTARY PROVISIONS
  421. Chapter XXXVII
  422. TextTHE PUBLIC PROSECUTOR
  423. Section 376(1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedin...
  424. Section 377Conduct of prosecutions in Court
  425. Section 378No one to appear for Public Prosecutor
  426. Section 379Employment of advocate
  427. Section 380Prosecution by private persons
  428. Section 380ASections 377 and 380 to prevail over other laws
  429. Chapter XXXVIII
  430. TextBAIL
  431. Section 387(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or ap...
  432. Section 388When person accused of non-bailable offence may be released on bail
  433. Section 388A(1) Where a Court has decided to release a person on bail under section 387 or 388, the Court may, on its own discretion, order for an elec...
  434. Section 389Amount of bond
  435. Section 390Bond to be executed
  436. Section 390A(1) A Court shall, before making an order for compliance with an electronic monitoring requirement, explain to the person to be so ordered—
  437. Section 390B(1) When a Court has made an order for any person to comply with an electronic monitoring requirement, the Court shall require the person t...
  438. Section 390CThe following devices may be used for the purpose of electronic monitoring:
  439. Section 391Person to be released
  440. Section 392When warrant of arrest may be issued against person bailed
  441. Section 393Sureties may apply to have bond discharged
  442. Section 394Any person aggrieved by any order or refusal of any inferior
  443. Chapter XXXIX
  444. TextSPECIAL PROVISIONS RELATING TO EVIDENCE
  445. Section 395(1) Whenever it appears to a Magistrate that any person able to give material evidence, either for the prosecution or defence, touching a s...
  446. Section 396Evidence of persons not called as witness
  447. Section 397Deposition of medical witness
  448. Section 398(Deleted by Act A908).
  449. Section 399Reports of certain persons
  450. Section 399AReport of Central Bank on currency note or coin
  451. Section 399BEvidence or report by an expert on matters relating to organized criminal group
  452. Section 400How previous conviction or acquittal may be proved
  453. Section 401Record of evidence in absence of accused
  454. Section 402(Deleted by Act A908).
  455. Section 402AAlibi
  456. Section 402BProof by written statement
  457. Section 402CProof by formal admission
  458. Chapter XL
  459. TextPROVISIONS AS TO BONDS
  460. Section 403When any person is required by any Court or officer to execute a bond, with or without sureties, the Court or officer may, except in the ca...
  461. Section 404Procedure on forfeiture of bond
  462. Section 405Appeal from orders
  463. Section 406Power to direct levy of amount due on bond
  464. Chapter XLI
  465. TextDISPOSAL OF EXHIBITS AND OF PROPERTY THE
  466. Section 406A(1) At the conclusion of any proceedings under this Code the Court shall consider in what manner the exhibits shall be disposed of and may...
  467. Section 407Order for disposal of property regarding which offence committed
  468. Section 407ADisposal of seized articles
  469. Section 407BPenalty if property has been disposed or concealed
  470. Section 408Direction instead of order
  471. Section 409Payment to innocent person of money found on accused
  472. Section 410Stay of order
  473. Section 411Destruction of libellous and other matter
  474. Section 412Restoration of possession of immovable property
  475. Section 413Procedure by police on seizure of property
  476. Section 414Procedure where no claim established
  477. Section 415Procedure where property is perishable or of small value
  478. Section 416Procedure where owner is absent
  479. Chapter XLII
  480. TextTRANSFER OF CRIMINAL CASES
  481. Section 417(1) Whenever it is made to appear to the High Court—
  482. Section 418Application for transfer to be supported by affidavit
  483. Section 418ATrials by High Court on a certificate by the Public Prosecutor
  484. Section 418BCases to which section 418A is applicable
  485. Chapter XLIII
  486. TextIRREGULARITIES IN PROCEEDINGS
  487. Section 419No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in...
  488. Section 420Procedure when confession irregularly taken
  489. Section 421Omission to frame charge
  490. Section 422Irregularities not to vitiate proceedings
  491. Section 423Irregularity in distress
  492. Chapter XLIV
  493. TextMISCELLANEOUS
  494. Section 424(1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn—
  495. Section 425Power of Court to summon and examine persons
  496. Section 425ATrial in absence of an accused
  497. Section 426Order for payment of costs of prosecution and compensation
  498. Section 427Payment of expenses of prosecutors and witnesses
  499. Section 428Rules as to rates of payment
  500. Section 429(Deleted by Act A908).
  501. Section 430Reward for unusual exertion
  502. Section 431Compensation for family of person killed in arresting
  503. Section 432Provisions as to money payable as costs or compensation
  504. Section 433Copies of proceedings
  505. Section 434(Deleted by F.M. Ord. No. 14 of 1952).
  506. Section 435Power of police to seize property suspected of being stolen
  507. Section 436Person released on bail to give address for service
  508. Section 437Power to compel restoration of abducted persons
  509. Section 438Compensation for giving in charge groundlessly
  510. Section 439Magistrate not to act where interested
  511. Section 440Public servants not to bid at sales under this Code
  512. Section 441When receivers, etc., charged, evidence of other cases allowed
  513. Section 442When evidence of previous conviction may be given
  514. Section 443Forms
  515. Section 444Application of fines
  516. Section 445(1) If an accused person who is under an electronic monitoring requirement— *NOTE—Section 445 is not yet in force—see section 9 of the Crim...
  517. Chapter VCHAPTER V—ABETMENT
  518. TextAbetment of any offence,
  519. Chapter VCHAPTER V—ABETMENT —(cont.)
  520. TextAbetment of any offence do.
  521. TextAbetment of any offence do.
  522. Chapter VICHAPTER VI—OFFENCES AGAINST THE STATE
  523. TextWaging or attempting to wage
  524. Chapter VICHAPTER VI—OFFENCES AGAINST THE STATE—(cont.)
  525. Text124I
  526. Chapter VIICHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES
  527. TextAbetting mutiny, or attempting
  528. Chapter VIICHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES—(cont.)
  529. TextAbetment of mutiny, if mutiny do.
  530. Chapter VIIICHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY
  531. TextBeing member of an
  532. Chapter VIIICHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY—(cont.)
  533. TextWantonly giving provocation do.
  534. Chapter IXCHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS
  535. TextBeing or expecting to be a
  536. Chapter IXCHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS—(cont.)
  537. TextPublic servant unlawfully do.
  538. Chapter XCHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
  539. TextAbsconding to avoid service of
  540. Chapter XCHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS—(cont.)
  541. TextRefusing oath when duly do.
  542. TextThreatening any person to do.
  543. Chapter XICHAPTER XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
  544. TextGiving or fabricating false
  545. Chapter XIICHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
  546. Text(Deleted)
  547. Chapter XIICHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS—(cont.)
  548. TextAltering appearance of current do.
  549. Chapter XIIICHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES
  550. TextFraudulent use of false
  551. Chapter XIIICHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES—(cont.)
  552. TextMaking or selling false do.
  553. Chapter XIVCHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
  554. TextDECENCYAND MORALS
  555. Chapter XIVCHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY
  556. TextAND MORALS —(cont.)
  557. Chapter XVCHAPTER XV—OFFENCES RELATING TO RELIGION
  558. TextDestroying, damaging or
  559. Chapter XVCHAPTER XV—OFFENCES RELATING TO RELIGION—(cont.)
  560. TextTrespassing in place of do.
  561. Chapter XVICHAPTER XVI—OFFENCES AFFECTING THE HUMAN BODY
  562. TextOffences Affecting Life
  563. Preamblean act which endangers years, or fine of two human life, etc. thousand ringgit, or both Wrongful Restraint and Wrongful Confinement 341 Wro...
  564. Chapter XVIICHAPTER XVII—OFFENCES AGAINST PROPERTY
  565. TextTheft
  566. Chapter XVIIICHAPTER XVIII—OFFENCES RELATING TO DOCUMENTS AND TO CURRENCY NOTES
  567. TextAND BANK NOTES
  568. TextAND BANK NOTES—(cont.)
  569. Chapter XIXCHAPTER XIX—CRIMINAL BREACH OF CONTRACTS OF SERVICE
  570. TextBeing bound to attend on or
  571. Chapter XXCHAPTER XX—OFFENCES RELATING TO MARRIAGE
  572. TextA man by deceit causing a
  573. Chapter XXCHAPTER XX—OFFENCES RELATING TO MARRIAGE—(cont.)
  574. TextEnticing or taking away or do.
  575. Chapter XXICHAPTER XXI—DEFAMATION
  576. TextDefamation
  577. Chapter XXIICHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
  578. TextInsult intended to provoke a
  579. Chapter XXIICHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE—(cont.)
  580. TextUttering any word or making do.
  581. PreambleWhereas your attendance is necessary to answer to a charge of you are hereby required to appear on the day of at a.m/p.m in person [or by a...
  582. PreambleWhereas of stands charged with the offence of you are directed to arrest the said and to produce him before the Magistrate’s Court at . Dat...
  583. PreambleWhereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of punishable under section...
  584. PreambleWhereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of and a warrant has been i...
  585. PreambleWhereas a warrant has been duly issued to compel the attendance of of to testify concerning a complaint pending before this Court, and it h...
  586. PreambleWhereas complaint has been made before me that of has [or is suspected to have] committed the offence of and it appears likely that of can...
  587. PreambleWhereas information has been laid [or complaint has been made] before me of the commission [or suspected commission] of the offence of and...
  588. PreambleWhereas information has been laid before me, and on due enquiry thereupon I have been led to believe that the (describe the house or other...
  589. PreambleWhereas I inhabitant of have been called upon to enter into a bond to keep the peace for the term of I hereby bind myself not to commit a b...
  590. PreambleWhereas I inhabitant of have been called upon to enter into a bond to be of good behavior to the Yang di-Pertuan Agong and to all persons w...
  591. PreambleWhereas information has been received by me that (here set out the substance of the information received). It is hereby ordered that do att...
  592. PreambleWhereas it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to...
  593. PreambleWhereas of appeared before me in person [or by his authorized agent] on the day of in obedience to a summons calling upon him to show cause...
  594. PreambleWhereas it has been made to appear to me that of has been and is lurking within the District of having no ostensible means of subsistence [...
  595. PreambleWhereas evidence of the general character of of has been adduced before me and recorded, from which it appears that he is a habitual robber...
  596. PreambleWhereas of was committed to your custody under warrant of this Court, dated the day of , and has since duly given security under section of...
  597. PreambleWhereas it has been made to appear to me that you have caused an obstruction [or nuisance] to persons using the public roadway [or other pu...
  598. PreambleWhereas it has been made to appear to me that you are carrying on as owner, or manager, the trade or occupation of at and that the same is...
  599. PreambleWhereas it has been made to appear to me that you are the owner [or are in possession of, or have the control over] a certain tank [or well...
  600. PreambleWhereas, etc., etc. (as the case may be): I do hereby direct and require you within to or to appear at in the Court of on the day of next,...
  601. PreambleWhereas a conditional order was made by this Court on the day of 20 , requiring you and it has been made to appear to this Court that the n...
  602. PreambleWhereas it has been made to appear to this Court that, etc. (state the proper recital, guided by Form No. 17 or Form No. 21, as the case ma...
  603. PreambleWhereas it has been made to appear to this Court that you are in possession [or have the management] of and that, in digging a drain on the...
  604. PreambleWhereas it has been made to appear to this Court that you and a number of other persons (mention the class of persons) are about to meet an...
  605. PreambleWhereas, etc., etc. (as the case may be). 318 Laws of Malaysia ACT 593 You are hereby ordered not to place or permit to be placed any of th...
  606. PreambleWhereas it appears to the undersigned Magistrate on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, exis...
  607. PreambleWhereas it having been made to appear to the undersigned Magistrate that a dispute likely to induce a breach of the peace existed between o...
  608. Section 1At a.m./p.m. on the day of 20 , I received information by from that a had taken place at and that persons were concerned or suspected of be...
  609. Section 2I proceeded thereupon to take action as detailed in the enclosed investigation diaries.
  610. Section 3I ascertained the following facts.
  611. Section 4I examined the following witnesses whose statements accompany this report: persons marked “B” are under a Bond to appear in Court.
  612. Section 5The following documents accompany this report in addition to the statements of the witnesses: Investigation Diary No.
  613. Section 6I am of opinion that the offence of is disclosed and that the following persons are concerned therein .
  614. Section 7I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I h...
  615. Section 8The under mentioned articles have been secured or recovered and are to serve as exhibits. Signature FORM 27 [Sections 152 and 154] CHARGES
  616. (1)—CHARGES WITH ONE HEAD Penal Code: Criminal Procedure Code 321 On section 121
  617. Section 1That you, on or about the day of , at , waged war against the Yang di-Pertuan Agong and thereby committed an offence punishable under secti...
  618. Section 2On section 124
  619. Section 3On section 161
  620. Section 4On section 166
  621. Section 5On section 193
  622. Section 6On section 304
  623. Section 7On section 306
  624. Section 8On section 325
  625. Section 9On section 392
  626. Section 10On section 395
  627. (II)—CHARGES WITH TWO OR MORE HEADS On section 241
  628. Section 1First—That you, on or about the day of , at , knowing a coin to be counterfeit, delivered the same to another person, by name A B, as genui...
  629. Section 2On sections 302 and 304
  630. Section 3On sections 379 and 382
  631. Section 4Alternative charges on section 193
  632. (III)—CHARGE FOR THEFT AFTER A PREVIOUS CONVICTION That you, on or about the day of , at , committed theft, and thereby committed an offence pun...
  633. PreambleWhereas a Charge/Charges in respect of an offence/offences has/have been preferred against me/us by the Public Prosecutor as follows: 324 L...
  634. PreambleWhereas on the day of the (lst, 2nd, 3rd, as the case may be) prisoner in Case No. at the Magistrate’s Court at was convicted before this C...
  635. PreambleWhereas of has brought against of the complaint that , and the same has been dismissed as frivolous [or vexatious], and the order of dismis...
  636. PreambleWhereas complaint has been made before me that of has [or is suspected to have] committed the offence of (state the offence concisely, with...
  637. PreambleWhereas at the Assizes held on the day of the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. at the said Assizes was duly convict...
  638. PreambleWhereas the (1st, 2nd, 3rd, as the case may be) prisoner in Case No. at the Assizes held at on the day of 20 , has been, by a warrant of th...
  639. PreambleWhereas of was on the day of 20 , convicted before me of the offence of and sentenced to pay a fine of ringgit, and whereas the said althou...
  640. PreambleWhereas it has been proved to me that the signature T S to the within warrant is that of T S, a Magistrate of the District of , I do hereby...
  641. PreambleWhereas I inhabitant of have been called upon to enter into a bond to appear before the Court of at if and when called upon to receive the...
  642. PreambleWhereas at a Court before me on this day of in the presence [or view] of the Court committed willful contempt: And whereas for such contemp...
  643. PreambleWhereas of being summoned [or brought before this Court] as a witness and this day required to give evidence on an inquiry into an alleged...
  644. PreambleWhereas of was committed to your custody under warrant of this Court, dated the day of 20 , and has since with his surety [or sureties] dul...
  645. PreambleWhereas of has failed to appear on pursuant to his recognizance, and has by such default forfeited to the Yang di-Pertuan Agong the sum of...
  646. PreambleWhereas on the day of 20 , you became surety for of that he should appear before this Court on the day of 20 , and bound yourself in defaul...
  647. PreambleWhereas on the day of 20 , you became surety by a bond for of that he would be of good behaviour for the period of, and bound yourself in d...
  648. PreambleWhereas of has bound himself as surety for the appearance of (mention the condition of the bond), and the said has made default, and thereb...
  649. PreambleWhereas of has bound himself as a surety for the appearance of (state the condition of the bond) and the said has therein made default wher...
  650. PreambleWhereas on the day of 20 , you entered into a bond not to commit, etc. (as in the bond), and proof of the forfeiture of the same has been g...
  651. PreambleWhereas of did on the day of enter into a bond for the sum of ringgit, binding himself not to commit a breach of the peace, etc. (as in the...
  652. PreambleWhereas proof has been given before me and duly recorded that of has committed a breach of the bond entered into by him to keep the peace,...
  653. PreambleWhereas of did on the day of 20 , give security by bond in the sum of ringgit for the good behaviour of , and proof has been given before m...
  654. PreambleWhereas of did on the day of 20 , give security by bond in the sum of ringgit for the good behaviour of and proof of the breach of the said...
  655. Section 1*Your petitioner the above-named A B was charged with and convicted [or acquitted] at the Magistrate’s Court held at on the day of 20 , and...
  656. Section 2Your petitioner is dissatisfied with the said judgment on the grounds following: (here state the particular grounds of appeal on which the...
  657. Section 3Your petitioner prays that such judgment or sentence may be reversed or that such order may be made thereon as justice may require. Appella...
  658. Section 1Name: .........................................................................................................
  659. Section 2Case No.: ...................................................................................................
  660. Section 3Identity Card No.: ......................................................................................
  661. Section 4Address: .....................................................................................................
  662. Section 5Telephone No.: ...........................................................................................
  663. Section 6Family members to be contacted: .............................................................. ...............................................
  664. Section 7Period to be attached with electronic monitoring device (“device”): ......
  665. Section 8Terms and conditions:
  666. (a)to report to the nearest police station at/for every .........................;
  667. (b)understands that all movements will be tracked and retained as an official record;
  668. (c)agrees to be required to report for device equipment checks if necessary;
  669. (d)to notify the police officer if there is any change of address;
  670. (e)to allow inspections of the device by the police officer;
  671. (f)to report to the nearest police station for removal of the device;
  672. (g)to return all the device equipment to the police officer;
  673. (h)to submit to procedures required by the police officer;
  674. (i)to maintain the device as instructed by the police officer;
  675. (j)to comply with any directions of the police officer;
  676. (k)to comply with any other conditions as the court may determine.
  677. Section 9Failure to comply with the terms and conditions is an offence under the Penal
  678. TextOBJECTIVE
  679. Section 1(1) A body search may be conducted on a person arrested only if it complies with any of the following objectives:
  680. (a)to obtain incriminating evidence of the commission of the offence for which he has been arrested;
  681. (b)to seize contraband, the proceeds of crime, or other things criminally possessed or used in conjunction with the offence for which he has b...
  682. (c)for the discovery of evidence related to the reason of the arrest or to preserve the evidence or to prevent disposal of such evidence by th...
  683. (2)For the purposes of this Schedule, “person arrested” means a person who is arrested or a person who is in lawful custody after his arrest.
  684. TextTYPES AND CONDUCT OF BODY SEARCH
  685. Section 2There shall be four types of body search—
  686. (a)pat down search;
  687. (b)strip search; Criminal Procedure Code 339
  688. (c)intimate search; and
  689. (d)intrusive search. General conduct of officer during search
  690. Section 3(1) An officer conducting a body search shall do so in a professional manner and have the highest regard for the dignity of the person arre...
  691. (2)The officer shall comply strictly with the following procedure:
  692. (a)before any search is commenced, the officer shall introduce himself to the person arrested and shall be courteous, professional and shall n...
  693. (b)the search shall not be more extensive than necessary to ascertain the existence of harmful or unlawful articles believed to be concealed o...
  694. (c)the officer conducting the search shall be of the same sex as the person arrested with strict regard to decency;
  695. (d)where the gender of the person arrested is in doubt, his gender shall be determined by way of an interview or through his identification ca...
  696. (e)for strip, intimate and intrusive search, a second officer who is of the same sex of the person arrested shall be present during the search;
  697. (f)no officer shall disclose to the public any blemish, flaw or defect of body parts found on the body of the person arrested during the cause...
  698. (g)in the course of a search, the officer shall respect—
  699. (i)the religious and cultural sensitivities; and
  700. (ii)the physical, psychological, medical and mental characteristics, of a person arrested. In cases involving the removal of a female’s scarf o...
  701. (h)when a person arrested is pregnant, elderly or a person with disabilities, the search shall be conducted in a proper manner taking into con...
  702. TextPAT DOWN SEARCH
  703. Section 4(1) Pat down search means the act of searching the outer clothing of a person arrested which is to be conducted by quickly running the hand...
  704. (2)Pat down search may be conducted when there is reasonable suspicion that a weapon, object, evidence or contraband is being concealed on a p...
  705. (a)at the time of arrest; or
  706. (b)before the arrested person is put into custody in a lock-up or detention centre. Authorization is not required to conduct pat down search
  707. Section 5No authorization is required for an officer to conduct a pat down search.
  708. Section 6Procedure on pat down search
  709. (a)the officer shall first ask the person arrested to declare any item, object, evidence or contraband on his body or clothing that is harmful...
  710. (b)the officer shall then ask the person arrested to remove any personal items from his pockets or other parts of his clothing, to turn pocket...
  711. (c)the officer may ask the person arrested to remove from his body any jewellery, watch, footwear, sock, belt, headwear, beg, pouch and prosth...
  712. (d)the officer may instruct the person arrested to face his back towards him with his arms raised in such position that his palms are resting...
  713. (e)if there is a wall or vehicle nearby, the person arrested may be asked to face or lean on the said wall or vehicle and the officer shall po...
  714. (f)the officer may either run his fingers through the person arrested’s hair or squeeze it, without pulling the hair and he may also ask the p...
  715. (g)the officer may start off the pat down search beginning with one side of the person arrested and later proceeding to the centre back, and t...
  716. (h)the officer may proceed to search the person arrested in a manner from top to bottom, running the hand over the neck and collar, shoulder a...
  717. (i)the officer may instruct the person arrested to loosen his waistbands, if any, and check the bands or waistlines seams and belt loops, then...
  718. (j)the officer shall not pass the hands over the person arrested’s genital area when searching the trunk and legs of the person arrested;
  719. (k)the search shall where ever possible be done out of the public view, and the officer shall—
  720. (i)conduct the search having due regard to the security of the situation and evidence to be recovered and, as reasonably practical, cause mini...
  721. (ii)prepare a list of all things seized in the course of the search and signed by the person arrested and he shall be given a copy thereof.
  722. (l)any pat down search conducted in a lock-up or a detention centre shall be recorded in a station diary or a proper book of record as the cas...
  723. TextSTRIP SEARCH
  724. Section 7(1) A strip search means a search involving the removal of some part of outer clothings or removal of all the person arrested’s clothing an...
  725. (2)The strip search may only be conducted in the following circumstances:
  726. (a)an arrest has been made; and
  727. (b)when there is reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him.
  728. (3)A strip search may be conducted before a person arrested is detained in a lock-up or a detention centre or may also be conducted whenever h...
  729. Section 8(1) A strip search shall not be conducted, without the prior approval of a police officer not below the rank of Inspector or in the case of...
  730. (2)The approval under subparagraph (1), if given orally shall be reduced in writing by the officer conducting a search, in the case of a polic...
  731. Section 9Whenever any officer of any enforcement agency conferred with the power of arrest or search of a person under any law conducts a strip sear...
  732. (a)the search shall be conducted in a private room out of the view of anyone outside the room and no recording or communicating devices shall...
  733. (b)the officer conducting a search shall first explain in a language that the person arrested understands that the person arrested shall be re...
  734. (c)the strip search does not require that the person arrested removes all his clothes at the same time;
  735. (d)the search shall be divided into the search of the upper torso, arms and head, and the search of the lower torso from the navel downwards a...
  736. (e)all the removed clothes and personal items shall be thoroughly inspected, in the full view of the person arrested, to ensure that there are...
  737. (f)to check the person arrested’s hair the officer conducting a search may comb through the person’s hair and if the hair is dreadlocked or ma...
  738. (g)to search the ears, the officer may—
  739. (i)check the crevice behind the ears and have the person arrested lift his hair away from the neck; and
  740. (ii)inspect the ear canals of the person by looking into the ear canal and for this purpose, a flashlight may be used;
  741. (h)in conducting a search of the nasal passage, the officer conducting a search may instruct the person arrested to tilt head back to observe...
  742. (i)to search the mouth, the officer may—
  743. (i)instruct the person arrested to roll back his tongue to observe under the tongue;
  744. (ii)instruct the person arrested to stick his tongue out to observe the back of the throat;
  745. (iii)instruct the person arrested to pull his upper and lower lip from the gums to inspect the gum lines; or
  746. (iv)instruct the person arrested to remove his dentures or false plates, if any, for inspection;
  747. (j)for an inspection of the person’s torso from the navel upwards, the person arrested is allowed to wear his lower garments and the officer m...
  748. (i)instruct the person arrested to stand in a position with his arms raised and palms resting on the head;
  749. (ii)conduct a visual inspection of the person arrested may be conducted either by asking the person to turn 360 degrees slowly, or the officer...
  750. (iii)inspect both his armpits, entire torso and belly button and if the person arrested is obese, he may be instructed to lift any skin to inspe...
  751. (iv)instruct a female person to lift and separate her breasts to inspect all sides; 344 Laws of Malaysia ACT 593
  752. (v)inspect the whole arm and all fingers.
  753. (k)for an inspection of the lower torso below the navel and the legs, the person arrested shall be allowed to wear his upper garments and the...
  754. (i)instruct the person arrested to remove all clothes covering the bottom half from the navel downwards;
  755. (ii)conduct a visual inspection of the person arrested either by asking the person to turn 360 degrees slowly, or the officer may walk around t...
  756. (l)the officer shall have minimal physical contact with the person arrested during the search involving his intimate parts of the body;
  757. (m)after the search is completed the person arrested shall be allowed to put on his clothes;
  758. (n)a list of all things seized in the course of the search shall be prepared by the officer conducting the search and signed by the person arr...
  759. TextINTIMATE SEARCH
  760. Section 10(1) An intimate search means a search which consists of the physical examination of a person arrested’s body orifices other than the mouth,...
  761. (2)The intimate search may only be conducted in the following circumstances:
  762. (a)an arrest has been made; and
  763. (b)the officer has a reasonable suspicion, whether or not the pat down search or strip search is conducted, that the person arrested is concea...
  764. Section 11An intimate search shall not be conducted, without the prior approval of a police officer not below the rank of Assistant Superintendent of...
  765. (a)if necessary, the person arrested may be instructed to remove all clothes covering the bottom half, from the navel downwards;
  766. (b)if necessary, the person arrested may be instructed to squat over a mirror placed on the floor and made to cough deeply not more than ten t...
  767. (c)when nothing is recovered after the squat and coughing deeply until ten times the intimate search shall stop and the person arrested shall...
  768. (d)where the officer considers that the person arrested is incapable of doing the squat due to the health, physical conditions or appears to b...
  769. (e)the officer shall not attempt or conduct any external intervention in discharging the article from the body orifices of the person arrested;
  770. (f)the procedure on strip search as specified under subparagraphs 9(a), (b),
  771. (c), (d), (e), (f), (j), (k), (l), (m) and (n) shall apply for the purpose of intimate search.
  772. TextINTRUSIVE SEARCH
  773. Section 13(1) An intrusive search means a search involving the examination of a person arrested to determine the existence of any object, evidence, w...
  774. (2)The intrusive search shall only be conducted by a Government Medical Officer or a Medical Officer, or by any hospital assistant or a regist...
  775. Section 14(1) An intrusive search shall not be conducted, without the prior approval of an Officer in charge of the Police District or in the case of...
  776. (2)The approval under subparagraph (1) shall be recorded in the station diary and in the case of other enforcement agencies, such approval sha...
  777. (3)A Government Medical Officer or a Medical Officer after being served with a copy of the request for an intrusive search containing particul...
  778. Section 15Whenever an intrusive search on a person arrested is conducted, the following procedure shall be complied with:
  779. (a)the person arrested may be taken to the nearest hospital as soon as practicable for the search to be conducted accompanied by an officer;
  780. (b)the accompanying officer, who is of the same sex as the person arrested, shall witness the search and shall take into custody of any weapon...
  781. (c)a list of all things seized in the course of the search shall be prepared by the officer conducting the search and signed by the person arr...
  782. (h): 06-03-2007, para. 33(k) &
  783. (v): 02-07-2007, S. 2-8, 10-19, 21-32, para. 33(a), (c), (d),
  784. (e), (i), (j), (l)-
  785. (u)and S. 34: 07-09 2007 Criminal Procedure Code (Amendment) (Amendment) Act 2007 07-09-2007 Act A1350 Criminal Procedure Code (Amendment) Act...
  786. Text151A-151B
  787. Text406A

Common questions

What is Criminal Procedure Code?
Criminal Procedure Code is Malaysia Act, cited as Act 593 2023, currently marked in force and first recorded in 2023.
Is Criminal Procedure Code still in force?
Yes — Criminal Procedure Code is currently in force.
When did Criminal Procedure Code take effect?
Criminal Procedure Code was first recorded in 2023.
How many sections does Criminal Procedure Code have?
Criminal Procedure Code contains 459 sections.
Where can I read the official version of Criminal Procedure Code?
The official text of Criminal Procedure Code is published at lom.agc.gov.my.

Something wrong on this page?

If one provision's text doesn't match the official source, use Suggest a fix beside that provision — it opens an editor next to the source document. For anything else — a missing amendment, a broken link, out-of-date content, or a removal request — report it here.

Report an issueRequest removal