/akn/my/act/amendment_act/2023/A1682

CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2023

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Type
Amendment Act
Status
In force
Enacted
2023
Sections
3
Languages
MS · EN

Quick answer

About this amendment act

CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2023 is Malaysia Amendment Act, cited as Amendment Act A1682 2023, currently marked in force and first recorded in 2023.

Opening note

Preamble

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  1. An Act to amend the Criminal Procedure Code. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 2

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The Criminal Procedure Code [Act 593], which is referred to as the “Code” in this Act, is amended by inserting after

Chapter X the following chapter:

“Chapter Xa

PROTECTION ORDER IN CASES OF STALKING

Power to issue protection order in cases of stalking 98a.  (1)   The Court may, upon an ex parte application, issue a protection order against a person who is being investigated for or is charged with an offence under section 507a of the Penal Code, and such order shall be effective until the completion of the investigation or disposal of a criminal proceeding, whichever is later.

(2)

An application for a protection order under this section shall be made by—

(c)

in the case where the victim is a child or an incapacitated adult, the guardian, relative or person responsible for the care of such child or incapacitated adult.

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(3)

A person against whom the protection order is made may apply to set aside the protection order.

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(4)

The protection order made under this section may be served—

(b)

by registered post to the last known address of the person; or

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(c)

by electronic means to the electronic address of the person.

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(5)

The protection order shall be deemed to be served on the person against whom the order is made if—

(a)

the order is sent by registered post to the last known address of the person; or

Criminal Procedure Code (Amendment)

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(b)

the order is transmitted to the electronic address of the person.

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(6)

The protection order issued under subsection (1)

shall prohibit the person against whom the order is made from further committing any act under section 507a of the Penal Code.

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(7)

The Court may, in addition to the order under subsection (6), if it is satisfied that it is necessary for the protection and personal safety of the victim or any other person related to or associated with the victim, prohibit or restrain the person against whom the order is made from going near the victim or any other person related to or associated with the victim at a distance the Court thinks reasonable, and make any other orders as may be necessary.

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(8)

Any person who contravenes the protection order issued under subsection (1) shall be punished with imprisonment for a term which may extend to one year or with fine or with both.”.

Amendment of First Schedule

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Section 3

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The First Schedule to the Code is amended by inserting after the item relating to section 507 of the Penal Code the following items under the respective columns:

1 2 3 4 5 6 7

Penal

Code section

Offence

Whether the police may ordinarily arrest without warrant or not

Whether a warrant or a summons shall ordinarily issue in the first instance

Whether bailable or not

Whether compoundable or not

Maximum punishment under the

Penal Code

“507a

Stalking do.

do.

do.

do.

Imprisonment for three years, or fine, or both”.

Common questions

What is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023?
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2023 is Malaysia Amendment Act, cited as Amendment Act A1682 2023, currently marked in force and first recorded in 2023.
Is AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 still in force?
Yes — AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 is currently in force.
When did AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 take effect?
AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 was first recorded in 2023.
How many sections does AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 have?
AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 contains 3 sections.
Where can I read the official version of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023?
The official text of AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 is published at lom.agc.gov.my.
AKTA KANUN TATACARA JENAYAH (PINDAAN) 2023 (A1682)