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

Chapter I

2. Interpretation

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(1)

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.

(2)

Words which refer to acts done extend also to illegal omissions.

(3)

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.

(4)

The shoulder notes of this Code shall not affect the construction thereof.

(5)

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.

Report

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

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

Schedules