Skip to content
In forceUpdated to 1 May 2023Read it in Bahasa Malaysia
Contents

Chapter XIII

116A. Search and seizure without warrant

Feedback & support
(1)

Whenever it appears to any police officer not below the rank of Inspector that there is reasonable cause to suspect that there is concealed or deposited in any place any evidence of the commission of a security offence or any offence relating to an organized crime and such police officer has reasonable grounds for believing that, by reason of delay in obtaining a search warrant, the object of the search is likely to be frustrated, he may—

86

(a)

enter any premises and there search for, seize and take possession of, any book, document, record, account or data, or other article;

(b)

inspect, make copies of, or take extracts from, any book, document, record, account or data;

(c)

search any person who is in or on such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain such article, container or receptacle;

(d)

break open, examine, and search any article, container or receptacle; or

(e)

stop, search, and seize any conveyance.

(2)

Whenever it is necessary so to do, a police officer conducting a search under subsection (1) may—

(a)

break open any outer or inner door or window of any premises and enter into, or otherwise forcibly enter the premises and every part thereof;

(b)

remove by force any obstruction to such entry, search, seizure or removal; or

(c)

detain any person found in or on any premises or in any conveyance searched under subsection (1) until such premises or conveyance has been searched.

(3)

No person who is detained under paragraph (2)(c) shall be searched except by a person who is of the same gender as the person to be searched.

(4)

For the purpose of this section, “security offence” means a security offence as specified under the First Schedule to the Security

Offences (Special Measures) Act 2012 [Act 747].

Criminal Procedure Code 87

Report

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

Chapter Xxii—Criminal Intimidation, Insult and Annoyance—(Cont.)

Schedules