If any person subject to the supervision of the police who is at large within Malaysia:
he shall in every such case unless he proves to the satisfaction of the Court before which he is tried that he did his best to act in conformity with the law be liable to imprisonment for one year.
When a sentence has been fully executed the officer executing it shall return the warrant to the Court from which it issued with an endorsement under his hand certifying the manner in which the sentence has been executed.
(1) When any person has been sentenced to punishment for an offence the Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed or in which the conviction was had may at any time, without conditions, or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.
(2) Whenever an application is made to a Ruler for the suspension or remission of a sentence the Ruler may require the convicting Judge or Magistrate to state his opinion as to whether the application should be granted or refused and the Judge or Magistrate shall state his opinion accordingly.
(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the Ruler by whom it was granted, not fulfilled, the Ruler may cancel the suspension or remission; whereupon the person in who
The Ruler of the State, acting in accordance with Article 42 of the Constitution, in which the offence was committed may, without the consent of the person sentenced, commute any one of the following sentence for any other mentioned after it:
(1) A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of that offence shall, while the conviction or acquittal remains in force, not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 166 or for which he might have been convicted under section 167.
(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection 165(1).
(3) A person convicted of any offence constituted by any act causing consequences which, together with that act, constituted a different offence from that of which he was convicted, may be afterwards tried for that last-mentioned offence, if the consequences had not happened or were not known to the C
(1) The plea of a previous acquittal or conviction may be pleaded either orally or in writing, and may be in the following form or to the following effect:
(2) Such plea may be pleaded together with any other plea, but the issue raised by the plea shall be tried and disposed of before the issues raised by the other pleas are tried.
(3) On the trial in the High Court of an issue on a plea of a previous acquittal or conviction the depositions transmitted to the Court on the former trial, together with the notes of the Judge if available, and the depositions transmitted to the Court on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Any reference in this Chapter to a Magistrate and a Magistrate's Court shall be deemed to include a reference to a President of Sessions Court, or a Sessions Court, as the case may be; and the expressions "Magistrate" and "Magistrate's Court" shall be construed accordingly.
No appeal shall lie from a judgment, sentence or order of a Magistrate in the case of any offence punishable with fine only not exceeding twenty-five ringgit.
When an accused person has pleaded guilty and been convicted by a Magistrate on that plea, there shall be no appeal except as to the extent or legality of the sentence.
When an accused person has been acquitted by a Magistrate there shall be no appeal except by, or with the sanction in writing of, the PP.
(1) Except in any case to which section 304 applies and subject to sections 305 and 306 any person who is dissatisfied with any judgment, sentence or order pronounced by any Magistrate's Court in a criminal case or matter to which he is a party may prefer an appeal to the High Court against that judgment, sentence or order in respect of any error in law or in fact or on the ground of the alleged excessive severity or of the alleged inadequacy of any sentence by lodging, within fourteen days from the time of the judgment, sentence or order being passed or made, with the clerk of the Magistrate's Court a notice of appeal in triplicate addressed to the High Court and by paying at the same time the prescribed appeal fee.
(2) Every notice of appeal shall contain a postal address or an electronic address at which any notices or documents connected with the appeal may be served upon the appellant or up
When the appellant has complied with section 307 the Court appealed from shall transmit to the High Court and to the PP and to the advocate for the appellant a signed copy of the record of the proceedings and of the grounds of the decision together with a copy of the notice and of the petition of appeal.
A Judge may, on the application of any person desirous of appealing who may be debarred from so doing upon the ground of his not having observed some formality or some requirement of this Code, permit an appeal upon such terms and with such directions to the Magistrate and to the parties as the Judge shall consider desirable, in order that substantial justice may be done in the matter.
Except in the case of a sentence of whipping (the execution of which shall be stayed pending appeal), no appeal shall operate as a stay of execution, but the Court below or a Judge may stay execution on any judgment, order, conviction or sentence pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court below or to the Judge may seem reasonable.
(1) If the Judge does not reject the appeal summarily he shall hand the documents mentioned in section 308 to the Registrar, who shall number the appeal and enter it on the list of appeals to be heard and give notice to the parties that the appeal has been so entered.
(2) As soon as a date has been fixed the Registrar shall give to the parties notice of the date of hearing of the appeal.
(3) In any case a Judge may, of his own motion or on the application of a party concerned and with reasonable notice to the parties, accelerate or postpone the hearing of an appeal.
(1) When the appeal comes on for hearing the appellant, if present, shall be first heard in support of the appeal, the respondent, if present, shall be heard against it, and the appellant shall be entitled to reply.
(2) If the appellant does not appear to support his appeal the Court may consider his appeal and may make such order thereon as it thinks fit:
Provided that the Court may refuse to consider the appeal or to make any such order in the case of an appellant who is out of the jurisdiction or who does not appear personally before the Court in pursuance of a condition upon which he was admitted to bail, except on such terms as it thinks fit to impose.
(1) If, at the hearing of the appeal, the respondent is not present and the Court is not satisfied that the notice of appeal was duly served upon him, then the Court shall not make any order in the matter of the appeal adverse to or to the prejudice of the respondent, but shall adjourn the hearing of the appeal to a future day for his appearance, and shall issue the requisite notice to him for service through the Registrar.
(2) If the service of the last-mentioned notice cannot be effected on the respondent the Court shall proceed to hear the appeal in his absence.
When an appeal is presented against an acquittal a Judge may issue a warrant directing that the accused be arrested and brought before him, and may commit him to prison pending the disposal of the appeal or admit him to bail.
At the hearing of the appeal the Judge may, if he considers there is no sufficient ground for interfering, dismiss the appeal, or may:
(a) in an appeal from an order of acquittal, reverse the order, and direct that further inquiry be made, or that the accused be re-tried, as the case may be, or find him guilty and pass sentence on him according to law;
[Am. by Act A1132]
(b) in an appeal from a conviction or in an appeal as to sentence
(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried; or
[Am. by Act A1132]
(ii) alter the finding, maintaining the sentence, or with or without altering the finding reduce or enhance the sentence or alter the nature of the sentence;
(c) in an appeal from any other order, alter or reverse
317 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-317. Order to take further evidence.
(1) In dealing with any appeal under this Chapter a Judge, if he thinks additional evidence to be necessary, may either take such evidence himself or direct it to be taken by a Magistrate.
(2) When the additional evidence is taken by a Magistrate he shall certify that evidence to the High Court who shall then, as soon as may be, proceed to dispose of the appeal.
(3) Unless the Judge otherwise directs, the accused or his advocate shall be present when the additional evidence is taken.
(4) The taking of evidence under this section shall, for the purposes of Chapter XXV, be deemed to be an inquiry.
318 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-318. Judgment.
On the termination of the hearing of the appeal the Judge shall, either at once or on some future day which shall either then be appointed for the purpose or of which notice shall subsequently be given to the parties, deliver judgment in open court.
319 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-319. Certificate and consequence of judgment.
(1) Whenever a case is decided on appeal by a Judge under this Chapter he shall certify his judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed.
(2) Whenever an appeal is not dismissed such certificate shall state the grounds upon which the appeal was allowed or the decision of the Magistrate's Court was varied.
(3) The Court to which a Judge certifies his judgment or order shall thereupon make such orders as are conformable to the judgment or order of the Judge and, if necessary, the record shall be amended in accordance therewith.
320 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-320. Death of parties to appeal.
Every appeal under section 306 shall finally abate on the death of the accused, and every other appeal under this Chapter (except an appeal against a sentence of fine) shall finally abate on the death of the appellant.
321 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-321. [Repealed by Act 25 of 1967].
[Repealed by Act 25 of 1967] .
322 PART VII APPEAL AND REVISION Chapter XXX Appeals to the High Court-322. Costs.
(1) Subject to the following subsections, in all proceedings under this and the following Chapter a Judge shall have power to award such costs as he may deem fit to be paid by the complainant to the accused or by the accused to the complainant:
Provided that no costs whatsoever shall be awarded in any proceedings brought against an order of acquittal.
(2) Such costs shall be assessed by the Judge at the time when he gives his decision.
(3) No costs shall in any case be awarded either against or in favour of the PP.
323 Chapter XXXI Revision-323. Powers to call for records of subordinate Courts.
(1) A Judge may call for and examine the record of any proceeding before any subordinate Criminal Court for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of that subordinate Court.
(2) Orders made under sections 97 and 98 are not proceedings within the meaning of this section.
324 Chapter XXXI Revision-324. Power to order further inquiry.
(1) On examining any record under section 323 or otherwise, a Judge may direct the Magistrate to make, and the Magistrate shall make, further inquiry into any complaint which has been dismissed under section 135, or into the case of any accused person who has been discharged.
(2) Section 303A shall apply for the construction of subsection (1).
[Am. by Act A324]
325 Chapter XXXI Revision-325. Powers of Judge on revision.
(1) A Judge may, in any case the record of the proceedings of which has been called for by himself or which otherwise comes to his knowledge, in his discretion, exercise any of the powers conferred by sections 311, 315, 316 and 317 of this Code.
(2) No order under this section shall be made to the prejudice of the accused unless he has had on opportunity of being heard, either personally or by advocate, in his own defence.
(3) Nothing in this section shall be deemed to authorise a Judge to convert a finding of acquittal into one of conviction.
326 Chapter XXXI Revision-326. Permission for parties to appear.
No party has any right to be heard, either personally or by advocate, before a Judge when exercising his powers of revision: Provided that the Judge may, if he thinks fit, when exercising such powers hear any party, either personally or by advocate, and that nothing in this section shall be deemed to affect subsection 325(2).
327 Chapter XXXI Revision-327. Orders on revision.
When a case is revised under this Chapter by a Judge he shall certify his decision or order to the Court by which the finding, sentence or order revised was recorded or passed stating, where the finding, sentence or order has been varied, the grounds for such variation; and the Court to which the decision or order is so certified shall then make such orders as are conformable to the decision so certified and, if necessary, the record shall be amended in accordance therewith.
328 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-328. Meaning of "cause of death".
In this Chapter the words "cause of death" include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code- see L.N. 198/1952.
329 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-329. Duty of police officer to investigate death.
(1) Every officer in charge of a police station on receiving information:
(a) that a person has committed suicide;
(b) that a person has been killed by another, or by an animal, or by machinery, or by an accident;
(c) that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence;
(d) that the body of a dead person has been found, and it is not known how he came by his death; or
(e) that a person has died a sudden death,
shall with the least practical delay transmit such information to the officer in charge of the police district.
(2) On receipt of the information the officer in charge of the police district or some other police officer acting under his directions and being either the officer in charge of a police station or a police officer not below the rank of serge
330 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-330. Duty of officer to arrange for post-mortem examination in certain cases.
Every officer making an investigation under section 329 shall if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence, or that his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest Government Medical Officer and, unless it appears to him that the body should be viewed by a Magistrate in situ , shall take or send the body to the nearest Government hospital or other convenient place for the holding of a post-mortem examination of the body by a Government Medical Officer:
Provided that if that officer is satisfied as to the cause of death and that the deceased came by his death by accident he may order the body to be buried immediately.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inqu
331 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-331. Post-mortem examination of body.
(1) Upon receiving the information referred to in section 330 a Government Medical Officer shall, as soon as practicable, make a post-mortem examination of the body of the deceased.
(2) The Medical Officer, if it is necessary in order to ascertain the cause of death, shall extend the examination to the dissection of the body and an analysis of any portion of it, and may cause any portion of it to be transmitted to the Institute for Medical Research.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code- see L.N. 198/1952.
332 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-332. Report of Government Medical Officer.
(1) The Medical Officer making any such examination shall draw up a report of the appearance of the body and of the conclusions which he draws from it, and shall certify as to the cause of death and shall date and sign the report and transmit it to the officer in charge of the police district who shall attach it to the report forwarded under subsection 329(5).
(2) The report of the Medical Officer and also the report of an officer of the Institute for Medical Research on anything transmitted to him under subsection 331(2) shall be admissible as evidence and shall be prima facie evidence of the facts stated in it at any inquiry held under this Chapter.
[Am. by Act A1132]
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Procedure Code- see L.N. 198/1952.
333 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-333. Duty of Magistrate on receipt of report.
(1) If the Magistrate shall be satisfied as to the cause of death without holding an inquiry under this Chapter, he shall report to the PP the cause of death as ascertained to his satisfaction with his reasons for being so satisfied and shall at the same time transmit to the PP all reports and documents in his possession connected with the matter.
(2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.
(3) It shall not be necessary for the Magistrate to hold any inquiry under this Chapter or to make any report under subsection (1) if any criminal proceedings have been instituted against any person in respect of any act connected with the death of the deceased or such hurt as caused the death.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Pr
334 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-334. Inquiry into cause of death of a person in custody of police or in any asylum.
When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death.
[Am. by Act A1132]
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Prosedur Code- see L.N. 198/1952.
335 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-335. Powers of Magistrate.
(1) A Magistrate holding an inquiry under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.
(2) A Magistrate holding an inquiry under this Chapter it he considers it expedient that the body of the deceased person should be examined by a Medical Officer in order to discover the cause of death may, whether a post-mortem examination has been made under section 331 or not, issue his order to a Medical Officer to make a post-mortem examination of the body, and may for that purpose order the body to be exhumed.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Prosedur Code- see L.N. 198/1952.
336 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-336. Magistrate may view body.
It shall not be necessary for a Magistrate holding an inquiry to view the body of the deceased, but the Magistrate may if he considers it expedient view the body, and may for that purpose cause the body to be exhumed.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Prosedur Code- see L.N. 198/1952.
337 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-337. Inquiries to be made by Magistrate.
A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and evidence under the Criminal Prosedur Code- see L.N. 198/1952.
338 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-338. Evidence and finding to be recorded.
(1) The Magistrate holding an inquiry under this Chapter shall record the evidence and his finding thereon and shall immediately transmit to the PP the original of such evidence and finding duly authenticated by his signature or a copy of such evidence and finding certified under his hand as correct.
(2) The place in which any inquiry of death under this Chapter is held shall be a place open to the public. But a Magistrate conducting an inquiry of death may, on special grounds of public policy or expediency, in his discretion, exclude the public or any person or persons in particular at any stage of the inquiry from the place in which the inquiry is being held.
339 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-339. Power of PP to require inquiry to be held.
(1) The PP may at any time direct a Magistrate to hold an inquiry under this Chapter into the cause of, and the circumstances connected with, any death such as is referred to in sections 329 and 334, and the Magistrate to whom such direction is given shall then proceed to hold an inquiry and shall record his finding as to the cause of death and also as to any of the circumstances connected with it with regard to which the PP may have directed him to make inquiry.
(2) When the proceedings at any inquiry under this Chapter have been closed and it appears to the PP that further investigation is necessary, the PP may direct the Magistrate to reopen the inquiry and to make further investigation, and thereupon the Magistrate shall have full power to reopen the inquiry and make further investigation and thereafter to proceed in the same manner as if the proceedings at the inquiry had not been closed:
Provided that this subsection shall not app
340 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-340. Admissibility of medical report in certain cases.
(1) Where on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from Malaysia, it shall be lawful to receive any report of that Medical Officer made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.
(2) Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.
[Am. by Act A1132]
Notes:
Medical Officer of the Armed Forces to be regarded as Government Medical Officer, for the purpose of inquiries into deaths and e
341 PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-341. Custody of proceedings.
The PP shall from time to time cause to be delivered to the Registrar all proceedings transmitted to him under this Chapter, and thereupon the Registrar shall take charge of those proceedings and shall keep a proper index of them.
341A PART VIII SPECIAL PROCEEDINGS Chapter XXXII Inquiries of Deaths-341A. Power to revise.
Chapter XXXI shall also apply to all proceedings under this Chapter.
342 Chapter XXXIII Persons of Unsound Mind-342. Procedure where accused is suspected to be of unsound mind.
(1) When a Judge or a Magistrate holding a trial has reason to suspect that the accused person is of unsound mind and consequently incapable of making his defence, he shall in the first instance investigate the fact of such unsoundness.
(2) At the investigation it shall not be necessary for the accused person to be present and the Judge or Magistrate may receive as evidence a certificate in writing signed by a Medical Officer to the effect that the accused person is in his opinion of unsound mind or is a proper person to be detained for observation in a psychiatric hospital, or the Judge or Magistrate may, if he sees fit, take oral evidence from a Medical Officer on the state of mind of the accused person.
(3) If not satisfied that the person is capable of making his defence, the Judge or Magistrate shall postpone the trial and shall remand that person for a period not exceeding one month to be detained for observation in any psychiatri
343 Chapter XXXIII Persons of Unsound Mind-343. Certificate of Medical Director.
(1) If the Medical Director shall certify that the accused person is of sound mind and capable of making his defence the Judge or Magistrate shall proceed with the trial.
[Am. by Act A1132]
(2) If the Medical Director shall certify that that person is of unsound mind and incapable of making his defence the Court shall, if satisfied of the fact, find accordingly, and thereupon the trial shall be postponed.
[Am. by Act A1132]
(3) The certificate of the Medical Director shall be receivable as evidence under this section.
[Am. by Act A1132]
(4) If the accused person is certified to be of unsound mind and incapable of making his defence it shall not be necessary for him to be present in Court during proceedings under this section.
[Am. by Act A908]
344 Chapter XXXIII Persons of Unsound Mind-344. Release of person of unsound mind pending investigation or trial.
(1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Judge or Magistrate, if the offence charged is bailable, may, in his discretion, release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Judge or Magistrate or such officer as the Judge or Magistrate appoints in that behalf.
(2) If the offence charged is not bailable or if sufficient security is not given the Judge or Magistrate shall report the case to the Yang di-Pertuan Agong in respect of the Federal Territory, the Ruler or the Yang di-Pertua Negeri of the State, as the case may be, in respect of a State in which the trial is held and *the Ruler may, in his discretion, order the accused to be confined in a psychiatric hospital, and the Judge or Magistrate shall give effect to such order.
345 Chapter XXXIII Persons of Unsound Mind-345. Resumption of trial.
When the accused has been released under section 344 the Court may at any time require the accused to appear or be brought before it and may again proceed under section 342.
346 Chapter XXXIII Persons of Unsound Mind-346. [Repealed by Act A908].
[Repealed by Act A908] .
347 Chapter XXXIII Persons of Unsound Mind-347. Judgment of acquittal on ground of mental disorder.
Whenever any person is acquitted upon the ground that at the time at which he is alleged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.
348 Chapter XXXIII Persons of Unsound Mind-348. Safe custody of person acquitted.
(1) Whenever the finding states that the accused person committed the act alleged, the Court before which the trial has been held shall, if that act would, but for incapacity found, have constituted an offence, order that person to be kept in safe custody in such place and manner as the Court thinks fit and shall report the case for the orders of the Ruler of the State in which the trial is held:
Provided that if the Court concerned is a Magistrate's Court, the Magistrate may in his discretion, if he considers that the offence charged is not of a serious nature and that that person can safely be released without danger of his doing injury to himself or any other person, caution and discharge him.
(2) The Ruler may order that person to be confined in a mental hospital during the pleasure of the Ruler of the State.
[Am. by Act A1132]
349 Chapter XXXIII Persons of Unsound Mind-349. Procedure where prisoner of unsound mind is reported able to make his defence.
When any person is confined under section 344 in a psychiatric hospital, and the Visitors and Medical Director thereof jointly certify that in their opinion that person is capable of making his defence, he shall be taken before a Judge or Magistrate, as the case may be, at such time as the Judge or Magistrate appoints, and the Judge or Magistrate shall proceed with the trial and the aforesaid certificate of the Visitors and Medical Director shall be receivable as evidence.
[Am. by Act A908; Act A1132]
350 Chapter XXXIII Persons of Unsound Mind-350. Procedure where person of unsound mind is reported fit for discharge.
When any person is confined under section 348 in a psychiatric hospital, and the Visitors and Medical Director thereof shall jointly certify that in their judgment that person may be safely discharged without danger of his doing injury to himself or any other person, the Ruler may thereupon order that person to be discharged from such psychiatric hospital.
[Am. by Act A1132]
351 Chapter XXXIII Persons of Unsound Mind-351. Delivery of person of unsound mind to care of relative.
(1) Whenever any relative or friend of any person confined in a psychiatric hospital under section 344 or 348 makes application that that person be delivered over to his care or custody and gives security to the satisfaction of the Ruler that that person shall be properly taken care of and shall be prevented from doing injury to himself or any other person, the Ruler may in his discretion, after consulting the Visitors and the Medical Director of that psychiatric hospital, order that person to be delivered to that relative or friend:
[Am. by Act A1132]
Provided that if the person is confined under section 344, the Ruler may further require the relative or friend to give security to the satisfaction of the Ruler that if at any time it shall appear to the Ruler that that person is capable of making his defence, that relative or friend shall produce that person for trial.
(2) Whenever such person is so delive
352 Chapter XXXIII Persons of Unsound Mind-352. Interpretation of "psychiatric hospital" and "Visitors".
In this Chapter:
(a) "psychiatric hospital" means an approved psychiatric hospital established under the Mental Health Act 2001; and
(b) "Visitors" means the members of the Board of Visitors appointed under section 38 of the Mental Health Act 2001 and for the time being acting under section 40 of that Act. ".
[Subs. by Act A1132]
352A Chapter XXXIII Persons of Unsound Mind-352A. [Deleted by Act A1132].
[Deleted by Act A1132] .
353 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-353. Procedure as to offences committed in Court.
When any such offence as is described in section 175, 178, 179, 180 or 228 of the Penal Code is committed in the view or presence of any Magistrate's Court, whether civil or criminal, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognisance of the offence and sentence the offender to a fine not exceeding fifty ringgit and, in default of payment, to imprisonment for a term which may extend to two months.
354 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-354. Record of facts constituting the offence.
(1) In every such case the Court shall record the facts constituting the offence, with the statement, if any, made by the offender as well as the finding and sentence.
(2) If the offence is an offence punishable under section 228 of the Penal Code the record must show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.
355 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-355. Alternative procedure.
If the Court, in any case, considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence, may be better dealt with by ordinary process of law, the Court, after recording the facts constituting the offence and the statement of the accused as provided in section 354, may direct the accused to be prosecuted, and may require security to be given for the appearance of the accused person before a Magistrate or, if sufficient security is not given, may forward that person, under custody, to a Magistrate.
356 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-356. Power to remit punishment.
When any Court has, under section 353, adjudged an offender to punishment for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offencer or remit the punishment on his submission to the order or requisition of the Court or on apology being made to its satisfaction.
357 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-357. Refusal to give evidence.
If any witness before a Magistrate's Court refuses to answer such questions as are put to him or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, that Court may, for reasons to be recorded in writing, sentence him to imprisonment for any term not exceeding seven days, unless in the meantime that person consents to be examined and to answer or to produce the document. In the event of his persisting in his refusal he may be dealt with according to section 353 or 355 notwithstanding any sentence he may have undergone under this section.
358 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-358. Appeal.
(1) Any person sentenced by any lower Court under this Chapter may appeal to the High Court.
(2) Chapter XXX shall, so far as they are applicable, apply to appeals under this section, and the appellate court may alter or reverse the finding or reduce, alter or reverse the sentence appealed against.
(3) Chapter XXXI shall also apply to all proceedings by a Magistrate under this Chapter.
359 Chapter XXXIV Proceedings in Case of Certain Offences Affecting the Administration of Justice-359. Magistrate not to try certain offences committed before himself.
Except as provided in sections 353 and 357 no Magistrate shall try any person for any offence referred to in section 129 when the offence is committed before himself or in contempt of his authority, or is brought under his notice as such Magistrate in the course of a judicial proceeding.
360-364 Chapter XXXV Maintenance of Wives and Children-360-364. [Repealed by Ord. No. 36 of 1950].
[Repealed by Ord. No. 36 of 1950] .
365 Chapter XXXVI Directions of the Nature of a Habeas Corpus-365. Power of High Court to make certain orders.
The High Court may whenever it thinks fit direct
(a) that any person who:
(i) is detained in any prison within the limits of Malaysia on a warrant of extradition whether under the Extradition Act 1992 [Act 479] ; or
(ii) is alleged to be illegally or improperly detained in public or private custody within the limits of Malaysia,
be set at liberty;
(b) that any defendant in custody under a writ of attachment be brought before the Court to be dealt with according to law.
366 Chapter XXXVI Directions of the Nature of a Habeas Corpus-366. Form of application.
Every application to bring up before the Court a person detained on a warrant of extradition or alleged to be illegally or improperly detained in custody shall be supported by affidavit stating where and by whom the person is detained and, so far as they are known, the facts relating to the detention, with the object of satisfying the Court that there is probable ground for supposing that the person is detained against his will and without just cause.
367 Chapter XXXVI Directions of the Nature of a Habeas Corpus-367. Affidavit, by whom signed.
The affidavit required by section 366 shall be made by the person detained or alleged to be detained unless it be shown that by reason of restraint or coercion or other sufficient cause he is unable to make it, in which case it shall be made by some other person.
368 Chapter XXXVI Directions of the Nature of a Habeas Corpus-368. Copy of warrant.
When an application is made under section 366 to bring up before the Court a person in custody under a warrant to detain that person a copy of the warrant under which he is detained, obtained from and authenticated by the signature of the person in whose custody the applicant is, shall be produced to the Court, or it shall be shown by affidavit that it has been asked for and refused.
369 Chapter XXXVI Directions of the Nature of a Habeas Corpus-369. Defendant in custody under writ of attachment to be brought before Court.
The officer in charge of a defendant in custody under a writ of attachment shall, as soon as possible after the arrest, bring the person before the Court to be dealt with according to law, and if he shall fail to do so the Court shall immediately order the said defendant to be brought before it.
370 Chapter XXXVI Directions of the Nature of a Habeas Corpus-370. Warrant to be prepared.
In any case in which the Court shall order a person in custody to be brought before it a warrant in writing shall be prepared and signed by the Registrar and sealed with the seal of the Court.
371 Chapter XXXVI Directions of the Nature of a Habeas Corpus-371. Service of warrant.
Such warrant shall unless otherwise ordered be delivered to the applicant or his advocate who shall cause it to be served personally upon the person to whom it is directed or otherwise as the Court shall direct.
372 Chapter XXXVI Directions of the Nature of a Habeas Corpus-372. Attendance of prisoner in criminal case.
(1) Whenever the presence of any person detained in a prison situate within Malaysia is required in any Criminal Court, that Court may issue a warrant addressed to the officer in charge of the prison requiring the production of that person before the Court in proper custody at a time and place to be named in the warrant.
(2) The officer in charge of the prison shall cause the person named in the warrant to be brought as directed and shall provide for his safe custody during his absence from prison.
(3) Every such Court may by endorsement on such warrant require the person named in it to be brought up at any time to which the matter in which the person is required is adjourned.
(4) Every warrant shall be sealed with the seal of the Court and signed by the Registrar or Magistrate as the case may be.
373 Chapter XXXVI Directions of the Nature of a Habeas Corpus-373. Duty of officer to whom warrant is addressed.
The officer to whom any warrant is addressed under this Chapter shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from prison for the purpose mentioned in the warrant.
374 Chapter XXXVI Directions of the Nature of a Habeas Corpus-374. Appeal.
Any person aggrieved by any decision or direction of the High Court under this Chapter may appeal to the Federal Court within thirty days from the date of the decision or direction appealed against.
375 Chapter XXXVI Directions of the Nature of a Habeas Corpus-375. No application to banishment warrant.
Nothing in this Chapter contained shall apply to any person detained in public custody under the provisions of any law in force for the time being relating to banishment.
376 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-376. PP.
(1) The Attorney General shall be the PP and shall have the control and direction of all criminal prosecutions and proceedings under this Code.
(1A) [Repealed by Act A365] .
(2) The Solicitor-General shall have all powers of a Deputy PP and shall act as PP in case of the absence or inability to act of the Attorney General.
(3) The PP may appoint fit and proper persons to be Deputy PPs who shall be under the general control and direction of the PP and may exercise all or any of the rights and powers vested in or exercisable by the PP by or under this Code or any other written law except any rights or powers expressed to be exercisable by the PP personally and he may designate any of such Deputy PPs as Senior Deputy PPs.
(3A) The PP may appoint fit and proper persons to be Assistant PPs who shall be under the general control and direction of the PP and, subject to such limitations or restrictions as may be specifi
377 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-377. Conduct of prosecutions in Court.
Every criminal prosecution before any court and every inquiry before a Magistrate shall, subject to the following sections, be conducted:
(a) by the PP, a Senior Deputy PP, a Deputy PP or an Assistant PP;
(b) subject to the control and direction of the PP, by the following persons who are authorised in writing by the PP:
(1) an advocate;
(2) a police officer not below the rank of Inspector;
(3) an officer of any Government department;
(4) an officer of any local authority;
(5) an officer of any statutory authority or body; or
(6) any person employed or retained by any local authority or any statutory authority
or body:
provided that in any district in which it may be impracticable, without an unreasonable amount of delay or expense, that such prosecutions or inquiries should be so conducted it shall be lawful f
378 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-378. No one to appear for PP.
No person shall appear on behalf of the PP on any criminal appeal other than the PP, a Senior Deputy PP or a Deputy PP.
[Subs. by Act A1015]
379 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-379. Employment of advocate.
With the permission in writing of the PP an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the PP. The advocate shall be paid out of the public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a "public servant".
380 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-380. Prosecution by private persons.
Notwithstanding anything in this Chapter contained, any private person may appear in person or by advocate and prosecute for an offence against his own person or property in a non-seizable case in the Court of a Magistrate.
[Subs. by Act A1015]
380A PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-380A. Sections 377 and 380 to prevail over other laws.
Sections 377 and 380 shall prevail notwithstanding any inconsistency with any other written law.
[Ins. by Act A1015]
381-386 PART IX SUPPLEMENTARY PROVISIONS Chapter XXXVII The PP-381-386. [Repealed by Act A908].
[Repealed by Act A908] .
387 Chapter XXXVIII Bail-387. When person may be released on bail.
(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court and is prepared at any time while in the custody of the officer or at any stage of the proceedings before the Court to give bail, that person shall be released on bail by any police officer in charge of a police station or by any police officer not under the rank of Corporal or by that Court.
(2) The police officer or the Court, if he or it thinks fit, may instead of taking bail from that person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided.
388 Chapter XXXVIII Bail-388. When person accused of non-bailable offence may be released on bail.
(1) When any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a Court, he may be released on bail by the officer in charge of the police district or by that Court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for a term which may extend to forty years:
Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accus
388A Chapter XXXVIII Bail-388A. Electronic monitoring requirement for person released on bail. [NOT YET IN FORCE].
(1) Where a Court has decided to release a person on bail under section 387 or 388, the Court may, on its own discretion, order for an electronic monitoring device to be attached to the person.
(2) The Court may, with due regard to the nature of the offence and the circumstances of the case as being sufficient to secure the person's attendance at his trial, order for an electronic monitoring device to be attached to the person in lieu of the execution of a bond.
(3) The Court shall, before ordering a person to be attached with an electronic monitoring device under subsection (1), give the person and the PP an opportunity to be heard.
(4) The Court shall not make an order for a person to be attached with an electronic monitoring device under subsection (1) if there is a person (other than the person to be monitored) without whose co-operation it will not be practicable to secure the monitoring.
(5) Notwithstanding subsect
389 Chapter XXXVIII Bail-389. Amount of bond.
The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case as being sufficient to secure the attendance of the person arrested, but shall not be excessive; and a Judge may, in any case, whether there be an appeal on conviction or not, direct that any person be admitted to bail or that the bail required by a police officer or Court be reduced or increased.
390 Chapter XXXVIII Bail-390. Bond to be executed.
(1) Before any person is released on bail, or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by that person, and when he is released on bail by one or more sufficient sureties, conditioned that person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) If the case so requires the bond shall also bind the person released on bail to appear when called upon at the High Court or other Court to answer the charge.
390A Chapter XXXVIII Bail-390A. Electronic monitoring requirement to be explained. [NOT YET IN FORCE].
(1) A Court shall, before making an order for compliance with an electronic monitoring requirement, explain to the person to be so ordered:
(a) the consequences which may follow any failure by the person to comply with the electronic monitoring requirement; and
(b) any other conditions as may be imposed by the Court which includes the payment for the maintenance of the device and the time period for the person to be monitored electronically.
(2) A Court shall revoke the bail of any person who wilfully fails to comply with the electronic monitoring requirement under subsection (1).
(3) Any person who tampers with, or destroys, the electronic monitoring device commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding three years or to both, and such person shall be liable to pay for any damage to the ele
390B Chapter XXXVIII Bail-390B. Requirement for electronic monitoring. [NOT YET IN FORCE].
(1) When a Court has made an order for any person to comply with an electronic monitoring requirement, the Court shall require the person to co-operate with the specified arrangement for monitoring to enable the person to be monitored by electronic means.
(2) For the purpose of subsection (1), "to co-operate with the specified arrangement for monitoring" includes:
(a) submitting to procedures required by the arrangement;
(b) wearing or otherwise using devices approved by or in accordance with the arrangement;
(c) maintaining such devices in the specified manner;
(d) complying with directions given by persons carrying out functions for the purposes of those arrangement.
[Ins. by Act A1431] [NOT YET IN FORCE].
390C Chapter XXXVIII Bail-390C. Electronic monitoring devices. [NOT YET IN FORCE].
The following devices may be used for the purpose of electronic monitoring:
(a) a device which is:
(i) attached to a person;
(ii) either directly or through a device referred to in paragraph (b) or (c) , linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(iii) either directly or through a device referred to in paragraph (b) or (c) , capable of transmitting to the receiving centre information relating to:
(A) the particular place at which the device is located at a particular time; and
(B) the functioning of the device; and
(iv) capable of detecting any tampering with the device and transmitting to the receiving centre information relating to such tampering;
(b) a portable tracking device which is, in conjunction with a de
391 Chapter XXXVIII Bail-391. Person to be released.
(1) As soon as the bond has been executed the person for whose appearance it has been executed shall be released and when he is in prison the Court admitting him to bail shall issue an order of release to the officer in charge of the prison, and that officer, on receipt of the order, shall release him.
(2) Nothing in this section, section 387 or 388 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.
392 Chapter XXXVIII Bail-392. When warrant of arrest may be issued against person bailed.
If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court admitting him to bail may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing so to do may commit him to prison.
393 Chapter XXXVIII Bail-393. Sureties may apply to have bond discharged.
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond either wholly or so far as relates to the applicants.
(2) On such application being made the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him.
(3) On the appearance of the person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged, either wholly or so far as relates to the applicants, and shall call upon that person to find other sufficient sureties, and if he fails to do so may commit him to custody.
(4) A surety may at any time arrest the person for whose attendance and appearance he is a surety and immediately bring him before a Magistrate, who shall then discharge that surety's bond and shall call on that person to find other sufficient surety, and if he fails to do so
394 Chapter XXXVIII Bail-394. Appeal.
Any person aggrieved by any order or refusal of any inferior Court made under this Chapter may appeal to the High Court, which may confirm, vary or reverse the order of the inferior Court.
395 Chapter XXXIX Special Provisions Relating to Evidence-395. Procedure where person able to give material evidence is dangerously ill.
(1) Whenever it appears to a Magistrate that any person able to give material evidence, either for the prosecution or defence, touching a seizable offence is so dangerously ill that it is not practicable to take his evidence according to the usual course of law the said Magistrate may take the deposition of that person provided such reasonable notice as the case admits of has been given to the prosecutor and the accused of his intention to take it and of the time and place at which he intends to take it.
(2) If the accused is in custody a Magistrate may order the officer in charge of the prison to convey him to the place, at the time notified, and the said officer shall convey him accordingly.
(3) When it is proved at the trial of the said accused for any offence to which that deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against
396 Chapter XXXIX Special Provisions Relating to Evidence-396. Evidence of persons not called as witness.
(1) Where it is likely that:
(a) the attendance of a person who is to give evidence cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable; or
(b) a person who is to give evidence may become incapable of giving evidence,
the PP may make an oral application to the Court which has jurisdiction to try the case for the production of that person before the Court for the purpose of recording that person's evidence on oath.
(2) The Court shall, upon such application being made, issue a summons or order for the attendance of the person, if the person is under custody, directed to the person in charge of the place where such person is placed, requiring him to produce the person at the time and place specified in the order.
(3) The Court shall record the evidence of the person and complete such recordi
397 Chapter XXXIX Special Provisions Relating to Evidence-397. Deposition of medical witness.
The High Court if satisfied that grave inconvenience would otherwise be caused may, if it thinks fit, allow the deposition of a Government Medical Officer or other medical witness taken and attested by a Magistrate in the presence of the accused to be given in evidence in any trial before such Court although the deponent is not called as a witness.
398 Chapter XXXIX Special Provisions Relating to Evidence-398. [Repealed by Act A908].
[Repealed by Act A908] .
399 Chapter XXXIX Special Provisions Relating to Evidence-399. Reports of certain persons.
(1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analysed by him or any document purporting to be a report under the hand of the Registrar of Criminals upon any matter or thing relating to finger impressions submitted to him for report may be given in evidence in any inquiry, trial or other proceeding under this Code unless that person or Registrar shall be required to attend as a witness:
(a) by the Court; or
(b) by the accused, in which case the accused shall give notice to the PP not less than three clear days before the commencement of the trial:
Provided always that in any case in which the PP intends to give in evidence any such report he shall deliver a copy of it to the accused not less than ten clear days before the commencement of the trial.
(2) The following are p
399A Chapter XXXIX Special Provisions Relating to Evidence-399A. Report of Central Bank on currency note or coin.
Where in any criminal proceeding it is necessary to decide whether a currency note or coin is or is not forged, a certificate signed by the Governor of the Central Bank or any officer authorised in writing by him in that behalf that he is satisfied by personal examination that the note or coin is or is not forged, shall be sufficient evidence that the note or coin is or is not forged, as the case may be, and neither the Governor nor any officer of the Bank shall be cross-examined with regard to the contents of the certificate unless the Court otherwise orders.
399B Chapter XXXIX Special Provisions Relating to Evidence-399B. Evidence or report by an expert on matters relating to organized criminal group.
(1) Notwithstanding any other written law, where evidence or report is given by an expert on the activities, structure, ritual, ceremonies, hand sign, insignia, characteristic of an organized criminal group or any other matters relating to an organized criminal group the Court shall admit the evidence as prima facie proof of the facts.
(2) If evidence is proved that the accused:
(a) is involved in any of the activities, ritual or ceremonies of an organized criminal group;
(b) is part of, or within the structure of an organized criminal group;
(c) exhibits any hand sign, insignia or characteristics of an organized criminal group; or
(d) can be linked to any other matters relating to an organized criminal group,
the Court shall presume that the accused is a member of an organized criminal group.
[Ins. by Act A1521/2016]
400 Chapter XXXIX Special Provisions Relating to Evidence-400. How previous conviction or acquittal may be proved.
(1) In any inquiry, trial or other proceeding under this Code a previous conviction or acquittal or an order directing any person to be under the supervision of the police may be proved in addition to any other mode provided by any law for the time being in force:
(a) by an extract certified under the hand of the officer having the custody of the records of the Court whether of Malaysia or the Republic of Singapore in which that conviction or acquittal was had to be a copy of the sentence or order; or
(b) in case of a conviction either by a certificate signed by the officer in charge of the prison in Malaysia or the Republic of Singapore in which the punishment or any part of it was inflicted, or by production of the warrant of commitment under which the punishment was suffered,
together with, in each of those cases, evidence as to the identity of the accused person with the person so
401 Chapter XXXIX Special Provisions Relating to Evidence-401. Record of evidence in absence of accused.
(1) If it is proved that an accused person has absented himself so that there is no immediate prospect of arresting him, the Court competent to try that person for the offence complained of may, in his absence, examine the witnesses, if any, produced on behalf of the prosecution and record their depositions.
(2) Any such deposition may, on the arrest of that person, be given in evidence against him on the trial for the offence with which he is charged, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.
(3) If it appears that an offence punishable with death or with imprisonment has been committed by some person or persons unknown the Court of a First Class Magistrate may hold an inquiry and examine any witnesses who can give evidence concerning the offence. Any depositions so tak
402 Chapter XXXIX Special Provisions Relating to Evidence-402. [Repealed by Act A908].
[Repealed by Act A908] .
402A Chapter XXXIX Special Provisions Relating to Evidence-402A. Alibi.
(1) The Court shall, at the time the accused is being charged, inform the accused as to his right to put forward a defence of alibi.
(2) Where the accused seeks to put forward a defence of alibi, he shall put forward a notice of his alibi during the case management process.
(3) Notwithstanding subsection (2), where the accused has not put forward a notice of his alibi during the case management process, he may adduce evidence in support of an alibi at any time during the trial subject to the following conditions:
(a) the accused has given a written notice of the alibi to the PP; and
[Am. by Act A1422]
(b) the PP is given a reasonable time to investigate the alibi before such evidence can be adduced.
(4) The notice required under this section shall include particulars of the place where the accused claims to have been at the time of the co
402B Chapter XXXIX Special Provisions Relating to Evidence-402B. Proof by written statement.
(1) In any criminal proceedings, a written statement by any person shall, subject to the conditions contained in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.
[Am. by Act A1521/2016]
(2) A statement may be tendered in evidence under subsection (1) if:
(a) the statement purports to be signed by the person who made it;
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief; and
(c) a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings not later than fourteen days before the commencement of the trial unless the parties otherwise agree.
(3) Notwithstanding paragraph (2) (c) , a party proposing to tender a stat
402C Chapter XXXIX Special Provisions Relating to Evidence-402C. Proof by formal admission.
(1) Notwithstanding any other written law, and subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the PP or accused and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
(2) An admission under this section:
(a) may be made before or during the proceedings and shall be in writing and signed by both parties;
(b) if made otherwise than in the Court, shall be in writing;
(c) if made in writing by an individual, shall be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
(d) if made
403 Chapter XL Provisions as to Bonds-403. Deposit instead of bond.
When any person is required by any Court or officer to execute a bond, with or without sureties, the Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money to such amount as the Court may fix, instead of executing the bond.
404 Chapter XL Provisions as to Bonds-404. Procedure on forfeiture of bond.
(1) Whenever
(a) it is proved to the satisfaction of the Court by which a bond under this Code has been taken; or
(b) when the bond is for appearance before a Court, it is proved to the satisfaction of that Court,
that the bond has been forfeited the Court shall record the grounds of such proof and may call upon any person bound by the bond to pay the penalty thereof or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the property belonging to that person.
(3) The warrant may be executed within the local limits of the jurisdiction of the Court which issued it, and it shall authorise the distress and sale of any property belonging to that person without such limits when indorsed by a Magistrate within the local limits of
405 Chapter XL Provisions as to Bonds-405. Appeal from orders.
All orders made under section 404 by any Magistrate shall be appealable to the High Court.
406 Chapter XL Provisions as to Bonds-406. Power to direct levy of amount due on bond.
A Judge may direct any Magistrate to levy the amount due on a bond to appear and attend before the High Court.
406A Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-406A. Court shall consider manner of disposal of exhibits.
(1) At the conclusion of any proceedings under this Code the Court shall consider in what manner the exhibits shall be disposed of and may make any order for that purpose in accordance with law.
(2) If the Court makes no order as to the disposal of the exhibits they shall be handed to the police officer in charge of the proceedings and may be dealt with by the police in accordance with the provisions of this Chapter as if the Court had made an order or orders to that effect:
Provided that if the police are at any time in doubt as to the proper manner of disposing of any exhibit, or if any person claims delivery to him of any exhibit and the police refuse such delivery, the police or that person may apply summarily to the Court which determined the case and the Court shall make such order regarding the disposal of the exhibit as may be proper.
407 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-407. Order for disposal of property regarding which offence committed.
(1) Any Court may if it thinks fit impound any property or document produced before it under this Code.
(2) During or at the conclusion of any inquiry or trial in any criminal Court the Court may make such order as it thinks fit for the custody or disposal of any property or document whatsoever produced before it or in its custody or the custody of the police or of any public servant regarding which any offence appears to have been committed or which has been used for the commission of any offence.
The power herein conferred upon the Court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions relating to forfeiture, confiscation, destruction or delivery contained in the written law under which the conviction was had.
(3) When a Judge makes such order, and cannot through his own
407A Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-407A. Disposal of seized articles.
(1) Notwithstanding any other provisions, the PP may apply to the Court for the disposal of any articles specified in subsection (2) at any time.
[Am. by Act A1422]
(2) The following seized articles may be disposed of under this section:
(a) dangerous drugs seized under the Dangerous Drugs Act 1952 [Act 234] ;
(b) clandestine drug laboratories or premises;
(c) valuable goods;
(d) cash money;
(e) noxious, deleterious, corrosive, explosive, dangerous, toxic, flammable, oxidising, irritant, harmful, poisonous, psychotropic and decay substances;
(f) video compact discs, optic discs, films and other similar devices;
(g) publication, books and other documents;
(h) vehicles, ships and other forms of conveyance;
(i) equipment and machineries;
407B Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-407B. Penalty if property has been disposed or concealed.
Where an offence is proved against an accused and the property which is the subject matter of an offence has been disposed of or concealed by the accused or any person on his behalf, the Court shall order the accused to pay as a penalty a sum of which is equivalent to, in the opinion of the Court, the value of the property, and any such penalty shall be recoverable as a fine.
[Ins. by Act A1521/2016]
408 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-408. Direction instead of order.
Instead of himself making an order under section 407 a Judge may direct the property to be delivered to a Magistrate, who shall, in such cases, deal with it as if it had been seized by the police and the seizure had been reported to him in the manner hereinafter mentioned.
409 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-409. Payment to innocent person of money found on accused.
When any person is convicted of any offence which includes or amounts to theft or receiving stolen property and it is proved that any other person has bought the stolen property from him without knowing or having reason to believe that the same was stolen and that any money has, on his arrest, been taken out of the possession of the convicted person, the Court may, on the application of the purchaser and on the restitution of the stolen property to the person entitled to the possession of it, order that out of that money a sum not exceeding the price paid by the purchaser be delivered to him.
410 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-410. Stay of order.
The High Court may direct any order under section 407 or 409 made by a Magistrate's Court to be stayed pending consideration by the High Court and may modify, alter or annul that order.
411 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-411. Destruction of libellous and other matter.
(1) On a conviction under section 292, 293, 501 or 502 of the Penal Code the Court may order the destruction of all the copies of the thing in respect of which the conviction was had and which are in the custody of the Court or remain in the possession or power of the person convicted.
(2) The Court may in like manner, on a conviction under section 272, 273, 274 or 275 of the Penal Code, order the food, drink, drug or medical preparation in respect of which the conviction was had to be destroyed.
412 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-412. Restoration of possession of immovable property.
(1) Whenever a person is convicted of an offence attended by criminal force and it appears to the Court that by that force any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that property to be restored to the possession of the person who has been dispossessed.
(2) No such order shall prejudice any right or interest to or in that immovable property which any person may be able to establish in a civil suit.
413 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-413. Procedure by police on seizure of property.
(1) The seizure or finding by any police officer of property taken under section 20 or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence shall be immediately reported to a Magistrate, who shall make such order as he thinks fit respecting the delivery of the property to the person entitled to the possession of it, or, if that person cannot be ascertained, respecting the custody and production of the property.
(2) If the person so entitled is known the Magistrate may order the property to be delivered to him on such conditions, if any, as the Magistrate thinks fit, and shall in that case cause a notice to be served on that person informing him of the terms of the order and requiring him to take delivery of the property within such period from the date of the service of the notice (not being less than forty-eight hours) as the Magistrate may in the notice prescribe.
414 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-414. Procedure where no claim established.
(1) If within three months from the publication of a notification under subsection 413(3) no person establishes a claim to such property and if the person in whose possession the property was found is unable to show that it was legally acquired by him, the property may be sold on the order of the Officer in charge of a Police District.
[Am. by Act A1521/2016]
(2) If within six months from the publication of the notification no person has established a claim to the property, the ownership of the property or, if sold, of the net proceeds of it shall then pass to and become vested in the Federal Government.
[Am. by Act A1521/2016]
415 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-415. Procedure where property is perishable or of small value.
(1) Any property detained in police custody on the order of a Magistrate made under subsection 413(3) may be sold by public auction or in such manner as may be practicable if:
(a) it is subject to speedy decay or deterioration;
(b) it cannot be maintained without difficulty, or it is not practicable to maintain;
(c) in the opinion of the police officer that the value of such property is less than ten thousand ringgit; or
(d) its custody involves unreasonable expense and inconvenience.
(2) The proceeds of the sale shall be then passed to and become vested in the Federal Government after deducting the cost and expenses of the maintenance and sale of the property.
[Subs. by Act A1521/2016]
416 Chapter XLI Disposal of Exhibits and of Property the Subject of Offences-416. Procedure where owner is absent.
(1) If the person entitled to the possession of such property is absent from the State and the property is subject to speedy and natural decay or the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner or that the value of the property is less than ten ringgit the Magistrate may, at any time, direct it to be sold and subsection 414(2) shall apply to the net proceeds of the sale.
(2) If the person to whom property has been ordered to be delivered under subsection 413(2) neglects or omits to take delivery of the property within the period prescribed, the Magistrate may, where the property is subject to speedy and natural decay or where in his opinion its value is less than ten ringgit, direct that the property be sold and the net proceeds of the sale shall, on demand, be paid over to the person entitled to it.
417 Chapter XLII Transfer of Criminal Cases-417. High Court's power to transfer cases.
(1) Whenever it is made to appear to the High Court:
(a) that a fair and impartial trial cannot be had in any criminal Court subordinate to it;
(b) that some question of law of unusual difficulty is likely to arise;
(c) that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the same;
(d) that an order under this section will tend to the general convenience of the parties or witnesses; or
(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code,
it may order:
(aa) that any offence be tried by any Court not empowered under sections 121 to 126 but in other respects competent to try such offence;
(bb) that any particular case or class of cases be transferred from a criminal Court s
418 Chapter XLII Transfer of Criminal Cases-418. Application for transfer to be supported by affidavit.
(1) Every application for the exercise of the power conferred by section 417 shall be made by motion which shall, except when the applicant is the PP, be supported by affidavit.
(2) Every such application shall be made before the inquiry into or trial of the offence has been concluded.
(3) When an accused person makes an application under this section, a Judge may, if he thinks fit, direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the expenses of the prosecution.
(4) Every accused person making any such application shall give to the PP notice in writing of the application, together with a copy of the grounds on which it is made, and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of the notice and the hearing of the application.
418A Chapter XLII Transfer of Criminal Cases-418A. Trials by High Court on a certificate by the PP.
(1) Notwithstanding the provisions of section 417 and subject to section 418B, the PP may in any particular case triable by a criminal Court subordinate to the High Court issue a certificate specifying the High Court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High Court.
(2) The power of the PP under subsection (1) shall be exercised by him personally.
(3) The certificate of the PP issued under subsection (1) shall be tendered to the subordinate Court before which the case is triable whereupon the Court shall transfer the case to the High Court specified in the certificate and cause the accused person to appear or be brought before such Court as soon as may be practicable.
(4) When the accused person appears or is brought before the High Court in accordance with subsection (3), the High Court shall fix a date for his trial whic
418B Chapter XLII Transfer of Criminal Cases-418B. Cases to which section 418A is applicable.
Section 418A shall apply to all cases triable under this Code by a criminal Court subordinate to the High Court, whether the proceedings are instituted before or after the coming into force of that section, provided that the accused person has not pleaded guilty and no evidence in respect of the case against him has begun to be adduced.
[Ins. by Act A728]
419 Chapter XLIII Irregularities in Proceedings-419. Proceeding in wrong place, etc.
No finding, sentence or order of any criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at, passed or made, took place in a wrong local area or before a wrong Magistrate or Court, unless it appears that such error occasioned a failure of justice.
420 Chapter XLIII Irregularities in Proceedings-420. Procedure when confession irregularly taken.
If any Court before which a confession or other statement of an accused person recorded under section 115 or 256 is tendered or has been received in evidence finds that any of the provisions of that section have not been complied with by the Magistrate recording the statement, it shall take evidence that such person duly made the statement recorded and if it is satisfied of the same that statement shall be admitted if the error has not injured the accused as to his defence on the merits.
421 Chapter XLIII Irregularities in Proceedings-421. Omission to frame charge.
(1) No finding or sentence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed unless, in the opinion of the appellate court, a failure of justice has been occasioned thereby.
(2) If the appellate court thinks that a failure of justice has been occasioned by the omission to frame a charge it shall order that a new trial be had.
422 Chapter XLIII Irregularities in Proceedings-422. Irregularities not to vitiate proceedings.
Subject to the provisions contained in this Chapter no finding, sentence or order passed or made by a Court of competent jurisdiction shall be reversed or altered on account of:
(a) any error, omission or irregularity in the complaint, sanction, consent, summons, warrant, charge, judgment or other proceedings before or during trial or in any inquiry or other proceeding under this Code;
(b) the want of any sanction; or
(c) the improper admission or rejection of any evidence,
unless such error, omission, irregularity, want, or improper admission or rejection of evidence has occasioned a failure of justice.
[Subs. by Act A1015]
423 Chapter XLIII Irregularities in Proceedings-423. Irregularity in distress.
No distress made under this Code shall be deemed unlawful, nor shall any person making it be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of distress or other proceedings relating to it, nor shall that party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him, but all persons aggrieved by the irregularity may recover full satisfaction for the special damage caused by it in any Court of competent jurisdiction.
424 Chapter XLIV Miscellaneous-424. Affidavits before whom sworn.
(1) Subject to any rules of Court, any affidavit may be used in a criminal Court if it is sworn:
(a) in Malaysia before any Magistrate or Registrar;
(b) in the Republic of Singapore before any Judge, District Judge, Assistant District Judge, Registrar, Deputy Registrar, Police Magistrate or before any person authorised to take affidavits by any written law in force in the Republic of Singapore;
(c) in England, Scotland, Ireland or the Channel Islands or in any Colony, island or place (other than the above) under the dominion or jurisdiction or protection of Her Britannic Majesty, before any Judge, Court, Notary Public or other person lawfully authorised to administer oaths;
(d) in any other place before any officer exercising consular functions on behalf of Malaysia.
(2) The Court shall take judicial notice of the seal or signature, as the case may be
425 Chapter XLIV Miscellaneous-425. Power of Court to summon and examine persons.
Any Court may at any stage of any inquiry, trial or other proceeding under this Code summon any person as a witness, or examine any person in attendance though not summoned as a witness, or recall and re-examine any person already examined, and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case.
425A Chapter XLIV Miscellaneous-425A. Trial in absence of an accused.
(1) Notwithstanding any other provision of this Code, if an accused after being charged absconds before or during the course of his trial, the accused shall be deemed to have waived his right to be present at the trial.
(2) A Court may proceed or continue with the trial and pronounce judgment in the absence of the accused provided that the Court shall not pass any of the following sentences in the absence of the accused:
(a) death;
(b) imprisonment for life; and
(c) imprisonment for a term of not less than thirty years but not exceeding forty years.
[(c) Subs. by Act 846]
(3) If a warrant of arrest has been issued:
(a) the Court may adjourn the trial and await the appearance of the accused or await the execution of the warrant; or
(b) if the Court is satisfied that it is no longer in
426 Chapter XLIV Miscellaneous-426. Order for payment of costs of prosecution and compensation.
(1) The Court before which an accused is convicted of an offence:
(a) in its discretion, may make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof as may be agreed by the PP; or
(b) where:
(i) the prosecution of the convicted accused involves evidence obtained pursuant to a request made under the Mutual Assistance in Criminal Matters Act 2002 [Act 621] ; or
(ii) the accused has obtained pecuniary gain,
upon the application of the PP, shall make an order for the payment by the convicted accused of the cost of his prosecution or any part thereof, the sum of which is to be fixed by the Court as may be agreed by the PP.
[Subs. by Act A1422]
(1A) Without prejudice to subsection (1), the Court before which an accused is convicted of an offence shall,
427 Chapter XLIV Miscellaneous-427. Payment of expenses of prosecutors and witnesses.
In every criminal case tried before the High Court, and in every criminal case tried before a Sessions Court or a Magistrate's Court, the Court may in its discretion order payment out of the Consolidated Fund to the prosecutor and to the witnesses both for the prosecution and for the defence, or to such of them as it thinks fit, of the expenses incurred by them severally in and about attending the High Court, or the Sessions Court or Magistrate's Court and also compensation for their trouble and loss of time, subject to such rules as are prescribed.
[Am. by Act A908]
428 Chapter XLIV Miscellaneous-428. Rules as to rates of payment.
The rule committee may make rules as to the rates or scales of payment of the expenses to be ordered as aforesaid and concerning the form of the certificates hereinafter mentioned and the details to be inserted in it.
[Am. by Act A1378]
429 Chapter XLIV Miscellaneous-429. [Repealed by Act A908].
[Repealed by Act A908] .
430 Chapter XLIV Miscellaneous-430. Reward for unusual exertion.
Whenever it appears to any Court that a private person has shown unusual courage, diligence or exertion in the apprehension of a person accused of having committed, attempted to commit or abetted an offence punishable with death or imprisonment, such Court may order payment to him out of the Consolidated Fund of any sum not less than one thousand ringgit and not more than ten thousand ringgit.
[Am. by Act A1521/2016]
431 Chapter XLIV Miscellaneous-431. Compensation for family of person killed in arresting.
If any person is killed in endeavouring to arrest or to keep in lawful custody a person accused as aforesaid the Minister of Finance may order payment out of the Consolidated Fund to the wife, husband, parent or child of the deceased of such sum or sums as appear reasonable in compensation for the loss sustained.
432 Chapter XLIV Miscellaneous-432. Provisions as to money payable as costs or compensation.
(1) Subject to the provisions of this Code where any person is, under this Code, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the Court making the order may in its discretion do all or any of the following things, namely:
(a) allow time for the payment of that sum;
(b) direct payment of that sum to be made by instalments;
(c) issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;
(d) direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum an order for imprisonment in d
433 Chapter XLIV Miscellaneous-433. Copies of proceedings.
(1) If the complainant or the accused or any person affected by a judgment or order passed or made by a criminal Court desires to have a copy of any order or deposition or other part of the record, he shall, on applying for such copy, be furnished with it by the Court:
Provided that he pay for the same such reasonable sum as the Court may direct unless the Court for some special reason thinks fit to furnish it free of cost.
(2) An application for a copy of the record may be made at any time by the PP by whom no fee shall be payable.
434 Chapter XLIV Miscellaneous-434. [Repealed by Ord. No. 14 of 1952].
[Repealed by Ord. No. 14 of 1952] .
435 Chapter XLIV Miscellaneous-435. Power of police to seize property suspected of being stolen.
Any member of the police force may seize any property which is alleged or may be suspected to have been stolen, or which is found under circumstances which create suspicion that an offence has been committed, and such member, if subordinate to the officer in charge of the nearest police station, shall immediately report the seizure to that officer.
436 Chapter XLIV Miscellaneous-436. Person released on bail to give address for service.
(1) When any person is released on bail, or on his own bond, he shall give to the Court or officer taking the bail or bond an address at which service upon him of all notices and process may be made.
(2) In any case where that person cannot be found, or for other reasons the service on him cannot be effected, any notice or process left for that person at such address shall be deemed to have been duly served upon him.
437 Chapter XLIV Miscellaneous-437. Power to compel restoration of abducted persons.
Upon complaint made to a Magistrate on oath of the abduction or unlawful detention of a woman or of a female child under the age of fourteen years for any unlawful purpose within the local limits of his jurisdiction, he may make an order for the immediate restoration of the woman to her liberty, or of the female child to her husband, parent, guardian or other person having the lawful charge of that child, and may compel compliance with the order, using such force as may be necessary.
438 Chapter XLIV Miscellaneous-438. Compensation for giving in charge groundlessly.
(1) Whenever any person causes a police officer to arrest another person if it appears to the Magistrate who takes cognisance of the case that there was no sufficient ground for causing the arrest the Magistrate may award such compensation, not exceeding twenty-five ringgit, to be paid by the person so causing the arrest to each person so arrested for his loss of time and any expenses incurred by him in the matter as the Magistrate shall think fit.
(2) (Omitted) .
(3) Such compensation shall be no bar to an action for false imprisonment.
439 Chapter XLIV Miscellaneous-439. Magistrate not to act where interested.
No Magistrate shall, except with the permission of the High Court to which an appeal lies from his Court, try any case to or in which he is a party or personally interested.
Explanation - A Magistrate shall not be deemed to be a party or personally interested within the meaning of this section to or in any case by reason only that he is a member of a local authority or otherwise concerned in it in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.
ILLUSTRATION
A , as Collector of Land Revenue, upon consideration of information furnished to him directs the prosecution of B for a breach of the land laws. A is disqualified from trying this case as a Mag
440 Chapter XLIV Miscellaneous-440. Public servants not to bid at sales under this Code.
A public servant, having any duty to perform in connection with the sale of any property under this Code, shall not purchase or bid for the property.
441 Chapter XLIV Miscellaneous-441. When receivers, etc., charged, evidence of other cases allowed.
Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property, evidence may be given at any stage of the proceedings that there was found in the possession of that person other property stolen within the preceding period of twelve months, and that evidence may be taken into consideration for the purpose of proving that that person knew the property to be stolen which forms the subject of the proceedings taken against him.
442 Chapter XLIV Miscellaneous-442. When evidence of previous conviction may be given.
Where proceedings are taken against any person for having received goods knowing them to be stolen or for having in his possession stolen property and evidence has been given that the stolen property has been found in his possession, then if that person has, within five years immediately preceding, been convicted of any offence involving fraud or dishonesty, evidence of his previous conviction may be given at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person accused knew the property which was proved to be in his possession to have been stolen:
Provided that not less that seven days' notice in writing shall have been given to the person accused that proof is intended to be given of his previous conviction; and it shall not be necessary for the purposes of this section to enter in the charge the previous conviction of the person so accused.
443 Chapter XLIV Miscellaneous-443. Forms.
The Forms set out in the Second Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in them.
444 Chapter XLIV Miscellaneous-444. Application of fines.
The Court imposing any fine under the authority of any law for the time being in force may award any portion of it to an informer.
445 Chapter XLIV Miscellaneous-445. Electronic monitoring requirement on acquittal. [NOT YET IN FORCE].
(1) If an accused person who is under an electronic monitoring requirement:
(a) is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the period of the electronic monitoring requirement to be extended by the Court until his appeal is proceeded with; or
(b) is acquitted by the Court and the PP decides to appeal against the acquittal, the PP may apply to the Court for the electronic monitoring requirement to be continued until his appeal is proceeded with.
(2) If an accused person who is not under an electronic monitoring requirement:
(a) is convicted by the Court and decides to appeal against his conviction, the accused person may apply to the Court for the electronic monitoring requirement to be applied to him until his appeal is proceeded with; or
(b) is acquitted by the Cou
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