Section 1
(1)
This Act may be cited as the Criminal Procedure Code
(Amendment) Act 2023.
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment ActIn force
Criminal Procedure Code (Amendment) Act 2023
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- Enacted
- 2023
- Sections
- 3
- Languages
- MS · EN
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.
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1
CRIMINAL PROCEDURE CODE (AMENDMENT)
ACT 2023
Date of Royal Assent
...
...
27 April 2023
Date of publication in the
...
...
5 May 2023
Gazette
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Criminal Procedure Code (Amendment)
3
CRIMINAL PROCEDURE CODE (AMENDMENT)
ACT 2023
Opening note
Preamble
- An Act to amend the Criminal Procedure Code. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
New Chapter Xa
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.
(3)
A person against whom the protection order is made may apply to set aside the protection order.
(4)
The protection order made under this section may be served—
(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)
(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.
(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.
(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.”.
Section 3
Amendment of First Schedule
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 Criminal Procedure Code (Amendment) Act 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 Criminal Procedure Code (Amendment) Act 2023 still in force?
- Yes — Criminal Procedure Code (Amendment) Act 2023 is currently in force.
- When did Criminal Procedure Code (Amendment) Act 2023 take effect?
- Criminal Procedure Code (Amendment) Act 2023 was first recorded in 2023.
- How many sections does Criminal Procedure Code (Amendment) Act 2023 have?
- Criminal Procedure Code (Amendment) Act 2023 contains 3 sections.
- Where can I read the official version of Criminal Procedure Code (Amendment) Act 2023?
- The official text of Criminal Procedure Code (Amendment) Act 2023 is published at lom.agc.gov.my.
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