Act of Parliament · Updated to 1 May 2023 · 83 chapters
Criminal Procedure Code
Feedback & supportCriminal procedureIn plain English
Not legal adviceThis Code deals with criminal procedure. Without a special order from a magistrate, a person arrested without a warrant cannot be held for more than twenty-four hours, excluding travel time. A person arrested without a warrant must be told the grounds of the arrest. Before any questioning, the police must usually tell that person they may contact a relative or friend and consult a lawyer. People questioned by the police must tell the truth but may refuse answers that could expose them to a criminal charge.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
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Chapter I
Official textFrom Laws of Malaysia Online, unchanged
s 1Short title
This Act may be cited as the Criminal Procedure Code, and is referred to in this Act as “this Code”.
In this Code―
“advocate” has the meaning assigned by section 3 of the
Interpretation Acts 1948 and 1967 [Act 388];
“bailable offence” means an offence shown as bailable in the First
Schedule or which is made bailable by any other law for the time being in force and “non-bailable offence” means any other offence;
“communication” means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;
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“communications service provider” means a person who provides services for the transmission or reception of communications;
“complaint” means that allegation made orally or in writing to a
Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;
“Court” means the High Court, a Sessions Court, or a Magistrate’s
Court of any class, as the context may require;
“diplomatic officer” means an Ambassador, High Commissioner,
Minister, Charge d’Affaires, Deputy High Commissioner, Secretary and Attache of a Diplomatic Mission of Malaysia, including a High
Commission within the meaning of the Diplomatic and Consular
Officers (Oaths and Fees) Act 1959 [Act 348];
“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any Court in
Malaysia;
“Government Hospital” includes the University Hospital, University of Malaya;
“Government Medical Officer” or “Medical Officer” includes a medical practitioner who has been given by the Director General of
Health Malaysia, an authorization in writing under section 34C of the
Medical Act 1971 [Act 50] to perform functions specified in that section;
“inquiry” includes every inquiry conducted under this Code before a
Magistrate;
“Inspector of Police” means Inspector of Police of any class but does not include a Sub-Inspector;
“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken;
Criminal Procedure Code 29
“local limits of the jurisdiction” of a Magistrate’s Court means the limits of the ordinary administrative district in which the Court house is situated;
“Medical Director” of a psychiatric hospital includes a Deputy
Medical Director;
“non-seizable offence” means an offence for which and “non-seizable case” means a case in which a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule;
“offence” means any act or omission made punishable by any law for the time being in force;
“Officer in charge of a Police District” means any police officer appointed as such and, when any officer so appointed is unable through absence, illness or otherwise to perform his duties, means the police officer designated, under the authority of the Inspector General to act for him;
“place” includes a house, building, tent and vessel;
“Police District” means any area designated as such under the Police
Act 1967 [Act 344], and, unless and until an area is so designated, means any area constituted or recognized as a Police District at the commencement of this Code;
“postal article” shall have the meaning given to the expression by the
Postal Services Act 1991 [Act 465];
“Registrar” means the Chief Registrar, Deputy Registrar or any
Assistant Registrar of the Federal Court, of the Court of Appeal or of the High Court;
“seizable offence” means an offence for which and “seizable case”
means a case in which a police officer may ordinarily arrest without warrant according to the third column of the First Schedule;
NOTE―The Postal Services Act 1991 [Act 465] has since been repealed by the Postal Services Act 2012
[Act 741]―see subsection 110(1) of Act 741.
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“summons case” means a case relating to an offence and not being a warrant case;
“warrant case” means a case relating to an offence punishable with death or with imprisonment for a term exceeding six months;
“youthful offender” means a person convicted of an offence punishable by fine or imprisonment who is of or above the age of eighteen and below the age of twenty-one.
Words which refer to acts done extend also to illegal omissions.
All words and expressions used herein and defined in the
Penal Code [Act 574] or the Police Act 1967, and not hereinbefore defined shall be deemed to have the meanings attributed to them by that Code or that Act, as the case may be.
The shoulder notes of this Code shall not affect the construction thereof.
Notwithstanding the definition of “seizable offence” in subsection (1), an offence under the Penal Code is a seizable offence if it is expressly provided in any written law that the offence is a seizable offence.
s 3Trial of offences under Penal Code and other laws
All offences under the Penal Code shall be inquired into and tried according to the provisions hereinafter contained, and all offences under any other law shall be inquired into and tried according to the same provisions: subject however to any written law for the time being in force regulating the manner or place of inquiring into or trying such offences.
s 4Saving of powers of High Court
Nothing in this Code shall be construed as derogating from the powers or jurisdiction of the High Court.
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s 5Laws of England, when applicable
As 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 in force the law relating to criminal procedure for the time being in force in England shall be applied so far as the same shall not conflict or be inconsistent with this Code and can be made auxiliary thereto.
Part II
Provisions as to Criminal Courts
Chapter II
Criminal Courts in General
Part III
General Provisions
Chapter III
Aid and Information to Magistrates and Police and Persons Making Arrests
Chapter IV
Arrest, Escape and Retaking
Chapter V
Processes to Compel Appearance
Chapter VI
Part IV
Prevention of Offences
Chapter VII
Security for Keeping the Peace and
Chapter VIII
Unlawful Assemblies
Chapter IX
Public Nuisances
Chapter X
Temporary Orders in Urgent Cases of Nuisance
Chapter XI
Disputes as to Immovable Property
Chapter XII
Preventive Action of the Police
Part V
Information to Police and Their Powers to Investigate
Chapter XIII
Part VI
Proceedings in Prosecutions
Chapter XIV
Jurisdiction of Criminal Courts in Inquiries and Trials
Chapter XV
Complaints to Magistrates
Chapter XVI
Commencement of Proceedings Before a Magistrate’S Court
Chapter XVII
Preliminary Inquiries Into Cases Triable by the High Court
Chapter XVIII
The Charge
Chapter XIX
Summary Trials by Magistrates
Chapter XX
Chapter XX.
Chapter XX
Trials Before the High Court
Chapter XXI
Trials Before the High Court with the Aid of Assessors
Chapter XXII
Trials by Jury Before the High Court
Chapter XXIII
Jurors and Assessors
Chapter XXIV
General Provisions as to Inquiries and Trials
Chapter XXV
Mode of Taking and Recording Evidence in Inquiries and Trials
Chapter XXVI
Judgment
Chapter XXVII
Sentences and the Carrying Out of IT
Chapter XXVIII
Suspensions, Remissions and Commutations of Sentences
Chapter XXIX
Previous Acquittals or Convictions
Part VII
Appeal and Revision
Chapter XXX
Appeals to the High Court
Chapter XXXI
Revision
Part VIII
Special Proceedings
Chapter XXXIII
Persons of Unsound Mind
Chapter XXXIV
Proceedings in Case of Certain Offences Affecting the Administration of Justice
Chapter XXXV
Maintenance of Wives and Children
Chapter XXXVI
Directions of the Nature of a Habeas Corpus
Part IX
Supplementary Provisions
Chapter XXXVII
The Public Prosecutor
Chapter XXXVIII
Bail
Chapter XXXIX
Special Provisions Relating to Evidence
Chapter XL
Provisions as to Bonds
Chapter XLI
Disposal of Exhibits and of Property the Subject of Offences
Chapter XLII
Transfer of Criminal Cases
Chapter XLIII
Irregularities in Proceedings
Chapter XLIV
Miscellaneous
Chapter V
Chapter V—Abetment
Chapter V
Chapter V—Abetment —(Cont.)
Chapter VI
Chapter Vi—Offences Against the State
Chapter VI
Chapter Vi—Offences Against the State—(Cont.)
Chapter VII
Chapter Vii—Offences Relating to the Armed Forces
Chapter VII
Chapter Vii—Offences Relating to the Armed Forces—(Cont.)
Chapter VIII
Chapter Viii—Offences Against Public Tranquility
Chapter VIII
Chapter Viii—Offences Against Public Tranquility—(Cont.)
Chapter IX
Chapter Ix—Offences by, or Relating to Public Servants
Chapter IX
Chapter Ix—Offences by, or Relating to Public Servants—(Cont.)
Chapter X
Chapter X—Contempts of the Lawful Authority of Public Servants
Chapter X
Chapter X—Contempts of the Lawful Authority of Public Servants—(Cont.)
Chapter XI
Chapter Xi—False Evidence and Offences Against Public Justice
Chapter XII
Chapter Xii—Offences Relating to Coin and Government Stamps
Chapter XII
Chapter Xii—Offences Relating to Coin and Government Stamps—(Cont.)
Chapter XIII
Chapter Xiii—Offences Relating to Weights and Measures
Chapter XIII
Chapter Xiii—Offences Relating to Weights and Measures—(Cont.)
Chapter XIV
Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience,
Chapter XIV
Chapter Xiv—Offences Affecting the Public Health, Safety, Convenience, Decency
Chapter XV
Chapter Xv—Offences Relating to Religion
Chapter XV
Chapter Xv—Offences Relating to Religion—(Cont.)
Chapter XVI
Chapter Xvi—Offences Affecting the Human Body
Chapter XVII
Chapter Xvii—Offences Against Property
Chapter XVIII
Chapter Xviii—Offences Relating to Documents and to Currency Notes
Chapter XIX
Chapter Xix—Criminal Breach of Contracts of Service
Chapter XX
Chapter Xx—Offences Relating to Marriage
Chapter XX
Chapter Xx—Offences Relating to Marriage—(Cont.)
Chapter XXI
Chapter Xxi—Defamation
Chapter XXII
Chapter Xxii—Criminal Intimidation, Insult and Annoyance
Chapter XXII