This is a matter referred to the High Court by Mr Karpal Singh for revision under s 323 of the Criminal Procedure Code (FMS Cap 6) on a preliminary issue raised by him in the magistrates court that s 85 of the Subordinate Courts Act 1948 (the Act) does not confer upon the first class magistrates court, jurisdiction to try offences which also provide for a sentence of whipping.

A preliminary issue was raised to the honourable magistrate (and was dismissed) that by virtue of the aforesaid, the honourable magistrate is not clothed with any jurisdiction to try the learned counsels client who was also charged under s 397 of the Penal Code (FMS Cap 45) which provides for whipping.

It was submitted that although s 87 provides for whipping up to 12 strokes, the opening phrase in s 85 subject to limitations contained in this Act meant whipping must first be provided for in s 85 before the limitation of 12 strokes in s 87 could arise. It was also submitted that s 87 purports to extend punishment of whipping to a magistrates court without providing for it in s 85. This, it was contended, was clearly illegal.

Section 85 of the Act clearly concerns the criminal j