Section 4
New sections 116A, 116B and 116c
of Criminal Procedure Code (Amendment) (No. 2) Act 2012
The Code is amended by inserting after section 116 the following sections:
"Search and seizure without warrant
Quoted provision
Section 116A
(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].
Quoted provision
Section 116B
Access to computerized data
(2)
Any information obtained under subsection (1) shall be admissible in evidence notwithstanding any other provisions in any written law to the contrary.
(3)
For the purpose of this section, "access" includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.
Quoted provision
Section 116c
Interception of communication and admissibility of intercepted communications
(a)
to intercept, detain and open any postal article in the course of transmission by post;
(b)
to intercept any message transmitted or received by any communication; or
(c)
to intercept, listen to or record any conversation by communication.
(2)
The Public Prosecutor, if he considers that any communication is likely to contain any information relating to the commission of an offence, may—
(a)
require a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or
(b)
authorize a police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such device.
(3)
Where any person is charged with an offence, any information obtained under subsection (1) or (2), whether before or after such person is charged, shall be admissible in evidence at his trial.
(4)
An authorization by the Public Prosecutor under this section may be given either orally or in writing, but if an oral authorization is given, the Public Prosecutor shall as soon as practicable reduce the authorization in writing.
(5)
The Court shall take cognizance of any authorization by the Public Prosecutor under this section.".
Amendment of section 127A