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.

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Criminal Procedure Code

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English Bahasa Malaysia

Enacted: 2023
Sections: 459
Languages: EN · MS

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Front matterCRIMINAL PROCEDURE
PreambleAn Act relating to criminal procedure. [Throughout Malaysia— 10 January 1976, Act A324]
Part I
TextPRELIMINARY
Chapter I
TextShort title
Section 1This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as “this Code”.
Section 2Interpretation
Section 3Trial of offences under Penal Code and other laws
Section 4Saving of powers of High Court
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...
Part II
TextPROVISIONS AS TO CRIMINAL COURTS
Chapter II
TextCRIMINAL COURTS IN GENERAL
Section 6The Courts for the administration of criminal justice in Malaysia shall be those constituted pursuant to the Constitution, or the Courts of...
Section 7Courts to be open
Section 8(Deleted by Act A908).
Section 9Criminal jurisdiction of Magistrates
Section 10(Deleted by Act A1274).
Part III
TextGENERAL PROVISIONS
Chapter III
TextAID AND INFORMATION TO MAGISTRATES AND POLICE AND
Section 11Every person is bound to assist a Magistrate, Justice of the Peace, police officer or penghulu reasonably demanding his aid―
Section 12Aid to persons other than police officer executing warrant
Section 13Public to give information of certain matters
Section 14Police officer bound to report certain matters
Chapter IV
TextARREST, ESCAPE AND RETAKING
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...
Section 16Search of place entered by person sought to be arrested
Section 17Search of persons in place searched under warrant
Section 18Power to break open any place for purposes of liberation
Section 19No unnecessary restraint and mode of searching women
Section 20Whenever a person is arrested—
Section 20AProcedure on search of a person
Section 21Power to seize offensive weapons
Section 22Search of person for name and address
Section 23When police or penghulu may arrest without warrant
Section 24Refusal to give name and residence
Section 25How person arrested by penghulu is to be dealt with
Section 26Pursuit of offenders
Section 27Arrest by private persons and procedure in such cases
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...
Section 28ARights of person arrested
Section 29Release of person arrested
Section 30When any offence is committed in the presence of a Magistrate or
Section 31Arrest by or in presence of Magistrate
Section 32Power on escape to pursue and retake
Section 33Sections 16 and 18 to apply to arrests under section 32
Chapter V
TextPROCESSES TO COMPEL APPEARANCE
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...
Section 35Summons how served
Section 36Procedure when personal service cannot be effected
Section 37Proof of service
Section 37A(Deleted by Act 6 of 1965). Warrant Of Arrest
Section 38Form of warrant of arrest
Section 39Court may direct by indorsement on warrant security to be taken
Section 40Warrants, to whom directed
Section 41Notification of substance of warrant
Section 42Person arrested to be brought before Court without delay
Section 43Procedure on arrest of person against whom warrant is issued
Section 44Proclamation for person absconding
Section 45Attachment of property of person proclaimed
Section 46Restoration of attached property
Section 47Issue of warrant in lieu of or in addition to summons
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...
Section 49Power to take bond for appearance
Section 50Arrest on breach of bond for appearance
Chapter VI
TextPROCESSES TO COMPEL THE PRODUCTION OF
Section 51(1) Whenever any Court or police officer making a police investigation considers that the production of any property or document is necessa...
Section 51ADelivery of certain documents
Section 52Procedure as to postal articles, etc.
Section 53Sections 34 to 37 to apply
Section 54When search warrant may be issued
Section 55Power to restrict search warrant
Section 56Magistrate may issue warrant authorizing search for evidence of offence
Section 57Form of search warrant
Section 58Search for persons wrongfully confined
Section 59Persons in charge of closed places to allow search
Section 60Magistrate issuing search warrant may attend at its execution
Section 61Magistrate may direct search in his presence
Section 62Search without warrant
Section 62AForfeiture of counterfeit coin
Section 62BForfeiture of counterfeit currency
Section 63Summary search
Section 64A list of all things seized in the course of a search made under this
Section 65Occupant to be present at search
Part IV
TextPREVENTION OF OFFENCES
Chapter VII
TextSECURITY FOR KEEPING THE PEACE AND
Section 66(1) Whenever any person is convicted―
Section 66ASecurity for keeping the peace by complainant
Section 67Security for keeping the peace in other cases
Section 68(1) Whenever it appears to a Magistrate that―
Section 69Security for good behaviour from habitual offenders
Section 70Summons or warrant if required
Section 71Form of summons or warrant
Section 72Power to dispense with personal attendance
Section 73Inquiry to be held
Section 74Order to give security
Section 75Discharge of person informed against
Section 76Commencement of period for which security is required
Section 77Contents of bond
Section 78Power to reject sureties
Section 79Imprisonment in default of security
Section 80Power to release person imprisoned for failing to give security
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...
Section 82Discharge of sureties
Chapter VIII
TextUNLAWFUL ASSEMBLIES
Section 83A Magistrate, gazetted police officer, police officer not below the rank of Inspector or officer in charge of a police station may command...
Section 84Forcible dispersal of unlawful assemblies
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...
Chapter IX
TextPUBLIC NUISANCES
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...
Section 90Order to be served or notified
Section 91Person against whom order is made to obey or appear and show cause
Section 92Consequence of his failing to do so
Section 93Procedure on appearance to show cause
Section 94When an order has been made absolute under section 92 or 93 the
Section 95Consequence of disobedience to order
Section 96Injunction pending final decision
Section 97Power to prohibit repetition or continuance of public nuisance
Chapter X
TextTEMPORARY ORDERS IN URGENT CASES
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...
Section 98APower to issue protection order in cases of stalking
Chapter XI
TextDISPUTES AS TO IMMOVABLE PROPERTY
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...
Section 100Power to attach subject of dispute
Section 101Disputes concerning rights over land or water
Section 102Order as to costs
Chapter XII
TextPREVENTIVE ACTION OF THE POLICE
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...
Section 104Information of design to commit seizable offences
Section 105Arrest to prevent seizable offences
Section 106Prevention of injury to public property
Part V
TextINFORMATION TO POLICE AND THEIR POWERS
Chapter XIII
TextInformation of offences
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...
Section 107AReport on status of investigation
Section 108Procedure in non-seizable cases
Section 108AAdmission of certified copy of information as evidence
Section 109Investigation in seizable cases
Section 110Procedure where seizable offence suspected
Section 111Police officer’s power to require attendance of witnesses
Section 112Examination of witnesses by police
Section 113Admission of statements in evidence
Section 114No discouragement from making statement to police
Section 115Criminal Procedure Code 85
Section 116Search by police officer
Section 116ASearch and seizure without warrant
Section 116BAccess to computerized data
Section 116CInterception of communication and admissibility of intercepted communications
Section 117Procedure where investigation cannot be completed within twenty-four hours
Section 118Police officer may require bond for appearance of complainant and witnesses
Section 119Diary of proceedings in investigation
Section 120Report of police officer
Part VI
TextPROCEEDINGS IN PROSECUTIONS
Chapter XIV
TextJURISDICTION OF CRIMINAL COURTS IN INQUIRIES AND TRIALS
Section 121Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.
Section 122Accused triable in place where act is done or where consequence ensues
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...
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...
Section 125If—
Section 126Offence committed on a journey
Section 127When doubt arises High Court to decide
Section 127ALiability for offences committed out of Malaysia
Section 127BPower to direct copies of depositions and exhibits to be received in evidence
Section 128Cognizance of offences by Magistrates
Section 129Sanction required for prosecution for certain offences
Section 130No Court shall take cognizance of any offence punishable under Chapter VI of the Penal Code, except section 127, or punishable under sectio...
Section 131Where complaint by person aggrieved
Section 132Where complaint by husband
Chapter XV
TextCOMPLAINTS TO MAGISTRATES
Section 133(1) When a Magistrate takes cognizance of an offence on a complaint―
Section 134Postponement of issue of process
Section 135Dismissal of complaint
Chapter XVI
TextCOMMENCEMENT OF PROCEEDINGS BEFORE
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...
Section 137Personal attendance of accused may be dispensed with
Chapter XVII
TextPRELIMINARY INQUIRIES INTO CASES TRIABLE BY THE HIGH
Chapter XVIII
TextTHE CHARGE
Section 152(1) Every charge under this Code shall state the offence with which the accused is charged.
Section 153Particulars as to time, place and person
Section 154When manner of committing offence must be stated
Section 155Sense of words used in charge to describe offence
Section 156Effect of errors
Section 157(Deleted by Act A1132).
Section 158Court may alter or add to charge
Section 159When trial may proceed immediately after alteration or addition
Section 160When new trial may be directed or trial suspended
Section 161Stay of proceedings if prosecution of offence in altered charge requires previous sanction
Section 162Recall of witnesses when charge altered
Section 163Separate charges for distinct offences
Section 164Three offences of same kind within twelve months may be charged together
Section 165Trial for more than one offence
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...
Section 167When a person charged with one offence can be convicted of another
Section 168Person charged with an offence can be convicted of the attempt
Section 169When offence proved is included in offence charged
Section 170When persons may be charged jointly
Section 171Withdrawal of remaining charges on conviction on one of several charges
Section 171AOutstanding offences
Section 172Charges to be in forms in Second Schedule
Section 172APre-trial conference
Section 172BCase management
Section 172CPlea bargaining
Section 172DDisposal of the case
Section 172EFinality of the judgment
Section 172FNotwithstanding anything contained in any law, the statements of or facts stated by an accused in an application for a plea bargaining unde...
Section 172GSubparagraph 172D(1)(c)(ii) to be applicable to accused who pleads guilty
Chapter XIX
TextSUMMARY TRIALS BY MAGISTRATES
Section 173The following procedure shall be observed by Magistrates in summary trials:
Section 173APower to discharge conditionally or unconditionally
Section 174In summary trials under this Chapter—
Section 175Power to award compensation
Section 176Particulars to be recorded
Section 177Transfer of cases
Section 177ATransmission of case to, and trial by, the High Court
Chapter XXChapter XX.
Chapter XX
TextTRIALS BEFORE THE HIGH COURT
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...
Section 179Opening case for prosecution
Section 180Procedure after conclusion of case for prosecution
Section 181Defence
Section 182Reply
Section 182AProcedure at the conclusion of the trial
Section 183Sentence
Section 183AVictim’s impact statement
Chapter XXI
TextTRIALS BEFORE THE HIGH COURT WITH THE
Chapter XXII
TextTRIALS BY JURY BEFORE THE HIGH COURT
Chapter XXIII
TextJURORS AND ASSESSORS
Chapter XXIV
TextGENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 253Where the accused charged with an offence committed after a previous conviction for any offence the procedure hereinbefore laid down shall...
Section 254Public Prosecutor may decline to prosecute further at any stage
Section 254AReinstatement of trial after discharge
Section 255Right of accused to be defended
Section 256Court may put questions to accused
Section 257Case for prosecution to be explained by Court to undefended accused
Section 258Procedure where accused does not understand proceedings
Section 259Power to postpone or adjourn proceedings
Section 260Compounding offences
Section 261Change of Magistrate during hearing
Section 262Detention of offenders attending in Court
Section 263Weekly or public holiday
Chapter XXV
TextMODE OF TAKING AND RECORDING EVIDENCE IN
Section 264Except as otherwise expressly provided all evidence taken under
Section 265Manner of recording evidence
Section 265ASpecial provisions relating to protected witness
Section 265BIdentification by witness where evidence is taken in camera
Section 265CProtection of identity of witness
Section 266Recording evidence in summons cases
Section 267Recording evidence in other cases
Section 268Record to be in narrative form
Section 269Reading over evidence and correction
Section 270Interpretation of evidence to accused
Section 271Remarks as to demeanour of witness
Section 272Judge to take notes of evidence
Section 272AOther persons may be authorized to take down notes of evidence
Section 272BEvidence through live video or live television links
Section 272CApplication of this Chapter
Section 272DInterpretation for the purposes of this Chapter
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...
Section 272FElectronic record to be transcribed
Section 272GSafe custody of electronic record and transcript
Section 272HTranscript of statement, evidence or deposition of person or witness
Section 272ITranscript to form part of record or notes of proceedings or evidence
Section 272JElectronic filing, lodgement, submission and transmission of document
Section 272KIssuance of Practice Direction
Chapter XXVI
TextJUDGMENT
Section 273The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced in open court, either immediately or at some...
Section 274(Deleted by F.M. No. 1 of 1948). 152
Section 275Sentence of death not to be passed on pregnant woman
Section 276Judgment in the alternative
Section 277Judgment of death
Section 278Judgment not to be altered
Section 279Judgment to be explained to accused and copy supplied
Section 280Judgment to be filed with record
Chapter XXVII
TextSENTENCES AND THE CARRYING OUT OF IT
Section 281With regard to sentences of death the following provisions shall be followed:
Section 282Provisions as to execution of sentences of imprisonment
Section 283Provisions as to sentences of fine
Section 284Suspension of execution in certain cases
Section 285Warrant by whom issuable
Section 286Place for executing sentence of whipping
Section 287Time of executing such sentence
Section 288Mode of executing such sentence
Section 289Sentence of whipping forbidden in certain cases
Section 290Medical Officer’s certificate required
Section 291Procedure if whipping cannot be inflicted
Section 292Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
Section 293Youthful offenders
Section 294First offenders
Section 294AConditions of bonds
Section 295Sentence of police supervision
Section 295ARehabilitative counseling
Section 296Obligations of persons subject to supervision
Section 297Penalty for non-compliance with section 296
Section 298(Deleted by Act A1274).
Section 299Return of warrant
Chapter XXVIII
TextSUSPENSIONS, REMISSIONS AND COMMUTATIONS
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...
Section 301Power to commute punishment
Chapter XXIX
TextPREVIOUS ACQUITTALS OR CONVICTIONS
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...
Section 303Plea of previous acquittal or conviction
Part VII
TextAPPEAL AND REVISION
Chapter XXX
TextAPPEALS TO THE HIGH COURT
Section 303AAny reference in this Chapter to a Magistrate and a Magistrate’s
Section 304Cases in which no appeal lies
Section 305When plea of guilty limited right of appeal
Section 306Appeal against acquittal
Section 307Procedure for appeal
Section 308Transmission of appeal record
Section 309(Deleted by Act 25 of 1967).
Section 310Appeal specially allowed in certain cases
Section 311Stay of execution pending appeal
Section 312Setting down appeal on list
Section 313Procedure at hearing
Section 314Non-appearance of respondent
Section 315Arrest of respondent in certain cases
Section 316Decision on appeal
Section 317Order to take further evidence
Section 318Judgment
Section 319Certificate and consequence of judgment
Section 320Death of parties to appeal
Section 321(Deleted by Act 25 of 1967).
Section 322Costs
Chapter XXXI
TextREVISION
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...
Section 324Power to order further inquiry
Section 325Powers of Judge on revision
Section 326Permission for parties to appear
Section 327Orders on revision
Part VIII
TextSPECIAL PROCEEDINGS
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...
Section 329Duty of police officer to investigate death
Section 330Duty of officer to arrange for post-mortem examination in certain cases
Section 331Post-mortem examination of body
Section 332Report of Government Medical Officer
Section 333Duty of Magistrate on receipt of report
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...
Section 335Powers of Magistrate
Section 336Magistrate may view body
Section 337Inquiries to be made by Magistrate
Section 338Evidence and finding to be recorded
Section 339Power of Public Prosecutor to require inquiry to be held
Section 340Admissibility of medical report in certain cases
Section 341Custody of proceedings
Section 341AChapter XXXI shall also apply to all proceedings under this
Chapter XXXIII
TextPERSONS OF UNSOUND MIND
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...
Section 343Certificate of Medical Director
Section 344Release of person of unsound mind pending investigation or trial
Section 345Resumption of trial
Section 346(Deleted by Act A908).
Section 347Judgment of acquittal on ground of mental disorder
Section 348Safe custody of person acquitted
Section 349Procedure where prisoner of unsound mind is reported able to make his defence
Section 350Procedure where person of unsound mind is reported fit for discharge
Section 351Delivery of person of unsound mind to care of relative
Section 352In this Chapter—
Section 352A(Deleted by Act A1132).
Chapter XXXIV
TextPROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING
Section 353When any such offence as is described in section 175, 178, 179, 180
Section 354Record of facts constituting the offence
Section 355Alternative procedure
Section 356Power to remit punishment
Section 357Refusal to give evidence
Section 358Appeal
Section 359Magistrate not to try certain offences committed before himself
Chapter XXXV
TextMAINTENANCE OF WIVES AND CHILDREN
Chapter XXXVI
TextDIRECTIONS OF THE NATURE OF A HABEAS CORPUS
Section 365The High Court may whenever it thinks fit direct—
Section 366Form of application
Section 367Affidavit, by whom signed
Section 368Copy of warrant
Section 369Court
Section 370Warrant to be prepared
Section 371Service of warrant
Section 372Attendance of prisoner in criminal case
Section 373Duty of officer to whom warrant is addressed
Section 374Any person aggrieved by any decision or direction of the High
Section 375No application to banishment warrant
Part IX
TextSUPPLEMENTARY PROVISIONS
Chapter XXXVII
TextTHE PUBLIC PROSECUTOR
Section 376(1) The Attorney General shall be the Public Prosecutor and shall have the control and direction of all criminal prosecutions and proceedin...
Section 377Conduct of prosecutions in Court
Section 378No one to appear for Public Prosecutor
Section 379Employment of advocate
Section 380Prosecution by private persons
Section 380ASections 377 and 380 to prevail over other laws
Chapter XXXVIII
TextBAIL
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...
Section 388When person accused of non-bailable offence may be released on bail
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...
Section 389Amount of bond
Section 390Bond to be executed
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—
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...
Section 390CThe following devices may be used for the purpose of electronic monitoring:
Section 391Person to be released
Section 392When warrant of arrest may be issued against person bailed
Section 393Sureties may apply to have bond discharged
Section 394Any person aggrieved by any order or refusal of any inferior
Chapter XXXIX
TextSPECIAL PROVISIONS RELATING TO EVIDENCE
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...
Section 396Evidence of persons not called as witness
Section 397Deposition of medical witness
Section 398(Deleted by Act A908).
Section 399Reports of certain persons
Section 399AReport of Central Bank on currency note or coin
Section 399BEvidence or report by an expert on matters relating to organized criminal group
Section 400How previous conviction or acquittal may be proved
Section 401Record of evidence in absence of accused
Section 402(Deleted by Act A908).
Section 402AAlibi
Section 402BProof by written statement
Section 402CProof by formal admission
Chapter XL
TextPROVISIONS AS TO BONDS
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...
Section 404Procedure on forfeiture of bond
Section 405Appeal from orders
Section 406Power to direct levy of amount due on bond
Chapter XLI
TextDISPOSAL OF EXHIBITS AND OF PROPERTY THE
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...
Section 407Order for disposal of property regarding which offence committed
Section 407ADisposal of seized articles
Section 407BPenalty if property has been disposed or concealed
Section 408Direction instead of order
Section 409Payment to innocent person of money found on accused
Section 410Stay of order
Section 411Destruction of libellous and other matter
Section 412Restoration of possession of immovable property
Section 413Procedure by police on seizure of property
Section 414Procedure where no claim established
Section 415Procedure where property is perishable or of small value
Section 416Procedure where owner is absent
Chapter XLII
TextTRANSFER OF CRIMINAL CASES
Section 417(1) Whenever it is made to appear to the High Court—
Section 418Application for transfer to be supported by affidavit
Section 418ATrials by High Court on a certificate by the Public Prosecutor
Section 418BCases to which section 418A is applicable
Chapter XLIII
TextIRREGULARITIES IN PROCEEDINGS
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...
Section 420Procedure when confession irregularly taken
Section 421Omission to frame charge
Section 422Irregularities not to vitiate proceedings
Section 423Irregularity in distress
Chapter XLIV
TextMISCELLANEOUS
Section 424(1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn—
Section 425Power of Court to summon and examine persons
Section 425ATrial in absence of an accused
Section 426Order for payment of costs of prosecution and compensation
Section 427Payment of expenses of prosecutors and witnesses
Section 428Rules as to rates of payment
Section 429(Deleted by Act A908).
Section 430Reward for unusual exertion
Section 431Compensation for family of person killed in arresting
Section 432Provisions as to money payable as costs or compensation
Section 433Copies of proceedings
Section 434(Deleted by F.M. Ord. No. 14 of 1952).
Section 435Power of police to seize property suspected of being stolen
Section 436Person released on bail to give address for service
Section 437Power to compel restoration of abducted persons
Section 438Compensation for giving in charge groundlessly
Section 439Magistrate not to act where interested
Section 440Public servants not to bid at sales under this Code
Section 441When receivers, etc., charged, evidence of other cases allowed
Section 442When evidence of previous conviction may be given
Section 443Forms
Section 444Application of fines
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...
Chapter VCHAPTER V—ABETMENT
TextAbetment of any offence,
Chapter VCHAPTER V—ABETMENT —(cont.)
TextAbetment of any offence do.
TextAbetment of any offence do.
Chapter VICHAPTER VI—OFFENCES AGAINST THE STATE
TextWaging or attempting to wage
Chapter VICHAPTER VI—OFFENCES AGAINST THE STATE—(cont.)
Text124I
Chapter VIICHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES
TextAbetting mutiny, or attempting
Chapter VIICHAPTER VII—OFFENCES RELATING TO THE ARMED FORCES—(cont.)
TextAbetment of mutiny, if mutiny do.
Chapter VIIICHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY
TextBeing member of an
Chapter VIIICHAPTER VIII—OFFENCES AGAINST PUBLIC TRANQUILITY—(cont.)
TextWantonly giving provocation do.
Chapter IXCHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS
TextBeing or expecting to be a
Chapter IXCHAPTER IX—OFFENCES BY, OR RELATING TO PUBLIC SERVANTS—(cont.)
TextPublic servant unlawfully do.
Chapter XCHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
TextAbsconding to avoid service of
Chapter XCHAPTER X—CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS—(cont.)
TextRefusing oath when duly do.
TextThreatening any person to do.
Chapter XICHAPTER XI—FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
TextGiving or fabricating false
Chapter XIICHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS
Text(Deleted)
Chapter XIICHAPTER XII—OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS—(cont.)
TextAltering appearance of current do.
Chapter XIIICHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES
TextFraudulent use of false
Chapter XIIICHAPTER XIII—OFFENCES RELATING TO WEIGHTS AND MEASURES—(cont.)
TextMaking or selling false do.
Chapter XIVCHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
TextDECENCYAND MORALS
Chapter XIVCHAPTER XIV—OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY
TextAND MORALS —(cont.)
Chapter XVCHAPTER XV—OFFENCES RELATING TO RELIGION
TextDestroying, damaging or
Chapter XVCHAPTER XV—OFFENCES RELATING TO RELIGION—(cont.)
TextTrespassing in place of do.
Chapter XVICHAPTER XVI—OFFENCES AFFECTING THE HUMAN BODY
TextOffences Affecting Life
Preamblean act which endangers years, or fine of two human life, etc. thousand ringgit, or both Wrongful Restraint and Wrongful Confinement 341 Wro...
Chapter XVIICHAPTER XVII—OFFENCES AGAINST PROPERTY
TextTheft
Chapter XVIIICHAPTER XVIII—OFFENCES RELATING TO DOCUMENTS AND TO CURRENCY NOTES
TextAND BANK NOTES
TextAND BANK NOTES—(cont.)
Chapter XIXCHAPTER XIX—CRIMINAL BREACH OF CONTRACTS OF SERVICE
TextBeing bound to attend on or
Chapter XXCHAPTER XX—OFFENCES RELATING TO MARRIAGE
TextA man by deceit causing a
Chapter XXCHAPTER XX—OFFENCES RELATING TO MARRIAGE—(cont.)
TextEnticing or taking away or do.
Chapter XXICHAPTER XXI—DEFAMATION
TextDefamation
Chapter XXIICHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
TextInsult intended to provoke a
Chapter XXIICHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE—(cont.)
TextUttering any word or making do.
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...
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...
PreambleWhereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of punishable under section...
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...
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...
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...
PreambleWhereas information has been laid [or complaint has been made] before me of the commission [or suspected commission] of the offence of and...
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...
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...
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...
PreambleWhereas information has been received by me that (here set out the substance of the information received). It is hereby ordered that do att...
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...
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...
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 [...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
PreambleWhereas it appears to the undersigned Magistrate on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, exis...
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...
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...
Section 2I proceeded thereupon to take action as detailed in the enclosed investigation diaries.
Section 3I ascertained the following facts.
Section 4I examined the following witnesses whose statements accompany this report: persons marked “B” are under a Bond to appear in Court.
Section 5The following documents accompany this report in addition to the statements of the witnesses: Investigation Diary No.
Section 6I am of opinion that the offence of is disclosed and that the following persons are concerned therein .
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...
Section 8The under mentioned articles have been secured or recovered and are to serve as exhibits. Signature FORM 27 [Sections 152 and 154] CHARGES
(1)—CHARGES WITH ONE HEAD Penal Code: Criminal Procedure Code 321 On section 121
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...
Section 2On section 124
Section 3On section 161
Section 4On section 166
Section 5On section 193
Section 6On section 304
Section 7On section 306
Section 8On section 325
Section 9On section 392
Section 10On section 395
(II)—CHARGES WITH TWO OR MORE HEADS On section 241
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...
Section 2On sections 302 and 304
Section 3On sections 379 and 382
Section 4Alternative charges on section 193
(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...
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...
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...
PreambleWhereas of has brought against of the complaint that , and the same has been dismissed as frivolous [or vexatious], and the order of dismis...
PreambleWhereas complaint has been made before me that of has [or is suspected to have] committed the offence of (state the offence concisely, with...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
Section 2Your petitioner is dissatisfied with the said judgment on the grounds following: (here state the particular grounds of appeal on which the...
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...
Section 1Name: .........................................................................................................
Section 2Case No.: ...................................................................................................
Section 3Identity Card No.: ......................................................................................
Section 4Address: .....................................................................................................
Section 5Telephone No.: ...........................................................................................
Section 6Family members to be contacted: .............................................................. ...............................................
Section 7Period to be attached with electronic monitoring device (“device”): ......
Section 8Terms and conditions:
(a)to report to the nearest police station at/for every .........................;
(b)understands that all movements will be tracked and retained as an official record;
(c)agrees to be required to report for device equipment checks if necessary;
(d)to notify the police officer if there is any change of address;
(e)to allow inspections of the device by the police officer;
(f)to report to the nearest police station for removal of the device;
(g)to return all the device equipment to the police officer;
(h)to submit to procedures required by the police officer;
(i)to maintain the device as instructed by the police officer;
(j)to comply with any directions of the police officer;
(k)to comply with any other conditions as the court may determine.
Section 9Failure to comply with the terms and conditions is an offence under the Penal
TextOBJECTIVE
Section 1(1) A body search may be conducted on a person arrested only if it complies with any of the following objectives:
(a)to obtain incriminating evidence of the commission of the offence for which he has been arrested;
(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...
(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...
(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.
TextTYPES AND CONDUCT OF BODY SEARCH
Section 2There shall be four types of body search—
(a)pat down search;
(b)strip search; Criminal Procedure Code 339
(c)intimate search; and
(d)intrusive search. General conduct of officer during search
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...
(2)The officer shall comply strictly with the following procedure:
(a)before any search is commenced, the officer shall introduce himself to the person arrested and shall be courteous, professional and shall n...
(b)the search shall not be more extensive than necessary to ascertain the existence of harmful or unlawful articles believed to be concealed o...
(c)the officer conducting the search shall be of the same sex as the person arrested with strict regard to decency;
(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...
(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;
(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...
(g)in the course of a search, the officer shall respect—
(i)the religious and cultural sensitivities; and
(ii)the physical, psychological, medical and mental characteristics, of a person arrested. In cases involving the removal of a female’s scarf o...
(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...
TextPAT DOWN SEARCH
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...
(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...
(a)at the time of arrest; or
(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
Section 5No authorization is required for an officer to conduct a pat down search.
Section 6Procedure on pat down search
(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...
(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...
(c)the officer may ask the person arrested to remove from his body any jewellery, watch, footwear, sock, belt, headwear, beg, pouch and prosth...
(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...
(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...
(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...
(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...
(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...
(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...
(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;
(k)the search shall where ever possible be done out of the public view, and the officer shall—
(i)conduct the search having due regard to the security of the situation and evidence to be recovered and, as reasonably practical, cause mini...
(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.
(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...
TextSTRIP SEARCH
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...
(2)The strip search may only be conducted in the following circumstances:
(a)an arrest has been made; and
(b)when there is reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him.
(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...
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...
(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...
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...
(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...
(b)the officer conducting a search shall first explain in a language that the person arrested understands that the person arrested shall be re...
(c)the strip search does not require that the person arrested removes all his clothes at the same time;
(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...
(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...
(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...
(g)to search the ears, the officer may—
(i)check the crevice behind the ears and have the person arrested lift his hair away from the neck; and
(ii)inspect the ear canals of the person by looking into the ear canal and for this purpose, a flashlight may be used;
(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...
(i)to search the mouth, the officer may—
(i)instruct the person arrested to roll back his tongue to observe under the tongue;
(ii)instruct the person arrested to stick his tongue out to observe the back of the throat;
(iii)instruct the person arrested to pull his upper and lower lip from the gums to inspect the gum lines; or
(iv)instruct the person arrested to remove his dentures or false plates, if any, for inspection;
(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...
(i)instruct the person arrested to stand in a position with his arms raised and palms resting on the head;
(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...
(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...
(iv)instruct a female person to lift and separate her breasts to inspect all sides; 344 Laws of Malaysia ACT 593
(v)inspect the whole arm and all fingers.
(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...
(i)instruct the person arrested to remove all clothes covering the bottom half from the navel downwards;
(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...
(l)the officer shall have minimal physical contact with the person arrested during the search involving his intimate parts of the body;
(m)after the search is completed the person arrested shall be allowed to put on his clothes;
(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...
TextINTIMATE SEARCH
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,...
(2)The intimate search may only be conducted in the following circumstances:
(a)an arrest has been made; and
(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...
Section 11An intimate search shall not be conducted, without the prior approval of a police officer not below the rank of Assistant Superintendent of...
(a)if necessary, the person arrested may be instructed to remove all clothes covering the bottom half, from the navel downwards;
(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...
(c)when nothing is recovered after the squat and coughing deeply until ten times the intimate search shall stop and the person arrested shall...
(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...
(e)the officer shall not attempt or conduct any external intervention in discharging the article from the body orifices of the person arrested;
(f)the procedure on strip search as specified under subparagraphs 9(a), (b),
(c), (d), (e), (f), (j), (k), (l), (m) and (n) shall apply for the purpose of intimate search.
TextINTRUSIVE SEARCH
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...
(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...
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...
(2)The approval under subparagraph (1) shall be recorded in the station diary and in the case of other enforcement agencies, such approval sha...
(3)A Government Medical Officer or a Medical Officer after being served with a copy of the request for an intrusive search containing particul...
Section 15Whenever an intrusive search on a person arrested is conducted, the following procedure shall be complied with:
(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;
(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...
(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...
(h): 06-03-2007, para. 33(k) &
(v): 02-07-2007, S. 2-8, 10-19, 21-32, para. 33(a), (c), (d),
(e), (i), (j), (l)-
(u)and S. 34: 07-09 2007 Criminal Procedure Code (Amendment) (Amendment) Act 2007 07-09-2007 Act A1350 Criminal Procedure Code (Amendment) Act...
Text151A-151B
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.

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