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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part VIII · Examination and Investigation

92. Powers of entry, search and seizure with warrant

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(1)

Where it appears to a magistrate, upon written information, on oath and after such inquiry as he considers necessary that there is reasonable cause to believe that—

(a)

any premises have been used or are about to be used for;

or

(b)

there is evidence in any premises necessary to the conduct of an investigation into, the commission of an offence under this Act, the magistrate may issue a warrant authorizing an investigating officer named in the warrant, at any reasonable time, by day or by night and with or without assistance to enter the premises and if need be by force.

(2)

A warrant under subsection (1) may authorize the investigating officer to—

(a)

enter any premises and search for, seize and detain any document, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article;

(b)

have access to inspect, make copies of, or take extracts from, any document, securities held in respect of credit consumers’ transactions, titles, cash, computer, computer output, system, data, programmes, or information so seized and detained, including access to any program or data held in any computer or otherwise, or have access to, inspect or check the operation of any computer or otherwise, and any associated apparatus or material;

(c)

take possession of, and remove from the premises, any document, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article so seized and detained;

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(d)

search any person who is in, or on, such premises, and for the purpose of such search, detain such person, subject to section 97, and remove him to such place as may be necessary to facilitate the search, and seize and detain any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article found on such person;

(e)

break open, examine, and search, any article, container or receptacle, including accessing into a computer or otherwise; or

(f)

stop, detain or search any conveyance.

(3)

An investigating officer may if it is necessary to do so—

(a)

break open any outer or inner door of such premises or other obstruction to the premises, in order to effect entry into the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to entry, search, seizure, detention or removal as he is empowered to effect under this section; or

(d)

detain, subject to section 97, any person found in any premises, or in any conveyance, searched under subsection (2) until such premises or conveyance have been searched.

(4)

An investigating officer shall for the purposes of this section be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of any program or data held in any computer or otherwise including in a form in which the information contained in a computer or otherwise can be taken away and in which it is visible and legible.

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(5)

Any document, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information, article or statement obtained by or provided to an investigating officer in the course of a search under this section shall, notwithstanding any law to the contrary, be admissible in evidence in any proceedings under this Act.

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Part IX

Enforcement

Part X

General Provisions

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