Section 2

“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.