What is Criminal Procedure Code?

Criminal Procedure Code is Brunei Act, cited as Act 7 2021, currently marked in force and first recorded in 2021.

Is Criminal Procedure Code still in force?

Yes — Criminal Procedure Code is currently in force.

When did Criminal Procedure Code take effect?

Criminal Procedure Code was first recorded in 2021.

How many sections does Criminal Procedure Code have?

Criminal Procedure Code contains 220 sections.

Where can I read the official version of Criminal Procedure Code?

The official text of Criminal Procedure Code is published at agc.gov.bn.

ActIn force

Criminal Procedure Code

The full official text, structured for quick navigation. Copy any section or jump straight to it.

Open source PDF Report an issue

Enacted: 2021
Sections: 225

Large legislation

This Act is large; open any provision below to read its full text.

ChapterCHAPTER 7
TextEnactment No. 16 of 1951
PreambleAn Act to establish a Code of Criminal Procedure Commencement: 1st May 1952
PartPART 1
TextPRELIMINARY
ChapterChapter 1
Section 1Citation and application
Section 2Interpretation
Section 3Trial of offences under Penal Code and other laws [S 7/2019]
Section 4Saving of powers of Supreme Court
PartPART 2
TextCONSTITUTION AND POWERS OF CRIMINAL COURTS
ChapterChapter 11
TextCriminal Courts generally
Section 5Classes of criminal Courts a
Section 6Court to be open
Section 6ASection 6 read subject to other Acts
Section 7Jurisdiction
Section 8Powers of Courts
Section 9Offences under other written laws
Section 10Sentences which High Court may pass
Section 11Sentences which Courts of Magistrates may pass
Section 12
Section 13Sentence in case of conviction of several offences at one trial
Section 13AOutstanding offences
Section 14Criminal jurisdiction of Magistrates
Section 14AReformative training
PartPART 3
TextGENERAL PROVISIONS
ChapterChapter 111
Texta
Section 15Public when to assist Magistrates and police
Section 16Aid to persons other than police off~cer executing warrant
Section 17Public to give information of certain matters
Section 18Police officer bound to report certain matters
Chapter IV
TextArrest, escape and re-taking
Section 19Arrest, how made
Section 20Search of place entered by persons sought to be arrested
Section 21Search of persons in place searched under warrant
Section 22Power to break open any place for purposes of liberation
Section 23Mode of searching women
Section 24Search of persons arrested
Section 25(No section).
Section 26Power to seize offensive weapons
Section 27Search of person for name and address
Section 28When police officer may arrest without warrant
Section 29Darussalam
Section 31Pursuit of offenders
Section 32Arrest by private persons
Section 34Release of person arrested
Chapter V
TextProcesses to compel appearance
Section 48(No section). Criminal Procedure Code CAP. 7 51 Proclamation and attachment Proclamation for person absconding 49.
(1)Every summons to appear issued by a Court under this Code shall be in writing and signed by a Magistrate or, in the case of the Supreme Cou...
(2)Such summons shall ordinarily be served by a police officer or if the summons is in connection with an offence under a written law which it...
(1)The summons shall if practicable be served personally on the person summoned by tendering or delivering to him a copy thereof under the sea...
(2)Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for the copy.
(3)In the case of a corporation, the summons may be served on the secretary or other like officer of the corporation.
(4)Where the person to be summoned cannot by the exercise of due diligence be found, the summons may be served by leaving a copy thereof for h...
(5)Where the person summoned is in the service of the Government, the Court issuing the summons shall ordinarily send it in Criminal Procedure...
(1)Every warrant of arrest issued by a Court under this Code shall be in writing and signed by a Magistrate or, in the case of the Supreme Cou...
(2)Every such warrant shall remain in force until it is cancelled by the Court which issued it or until it is executed. Court may by indorseme...
(1)Any Court issuing a warrant for the arrest of any person may, in its discretion, direct by indorsement on the warrant that if such person e...
(2)The indorsement shall state -
(3)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. Warrants, t...
(1)A warrant of arrest shall ordinarily be directed to the officer in charge of police of the District in which it is issued and to all other...
(2)The Court issuing a warrant may direct it to any person or persons by name, not being police officers, and all or any one or more of such p...
Chapter VI
TextProcesses to compel production of documents and other movable property and for discovery ofpersons wrongfiully conjned
Section 57If any postal article, telegram or other document is, in the opinion of the Court of Appeal or the High Court, wanted for the purpose of an...
Section 61If a Magistrate upon information and after such inquiry as he thinks necessary has reason to believe that -
Section 65Magistrate issuing search warrant may attend at its execution
(1)Notwithstanding any other written law for the time being in force but subject to the provisions of the Evidence Act (Chapter 108), whenever...
(1A)In the case of banker's books, no police officer below the rank of Superintendent shall exercise any powers conferred by this section or or...
(2)Any person required under this section merely to produce any property or document is deemed to have complied with the requisition if he cau...
(3)Nothing in this section is deemed to apply to any postal article, telegram or other document in the custody of the postal or telegraph auth...
(4)In this section, "bankers' books" include ledgers, day books, cash books, account books and all other books used in the ordinary business o...
PartPART 4
TextPREVENTION OF OFFENCES
Chapter VII
TextSecurity for keepingpeace and for good behaviour
Section 72Security for keeping peace in other cases
Section 77
(1)Whenever any person is convicted of -
(2)If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. Criminal Procedure Code CAP. 7 61
Chapter VIIL
TextUnlawful assemblies
Section 87A Magistrate, the Commissioner of Police or any police officer not below the rank of Inspector or officer in charge of a police district or...
Section 90Magistrate may require any officer in command of troops to disperse unlawful assembly
Chapter IX
TextPublic nuisances
Section 100Injunction pending final decision
Section 101Power to prohibit repetition or continuance of public nuisance
(1)Whenever a Magistrate considers, on receiving a report or other information and on taking such evidence, if any, as he thlnks fit, that -
(3)any trade or occupation or the keeping of any goods or merchandise by reason of its being injurious to the health or physical comfort of th...
(2)For the purposes of this section, a "public place" includes also property belonging to the Government and grounds left unoccupied for sanit...
(1)The order and any notice or order given or made under this Chapter shall, if practicable, be served on the person against whom it is made i...
(2)If the order cannot be served, a copy thereof shall be posted at such place as may be the fittest for conveying the information to such per...
(1)If the person appears and shows cause against the order, the Magistrate shall take evidence in the matter.
(2)If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall be taken in the case.
(3)If the Magistrate is not satisfied, the order shall be made absolute. Procedure on order being made absolute 98. When an order has been mad...
(1)If the order is not performed within the time fixed, the Magistrate may cause it to be performed and may recover the costs of performing it...
(2)No suit shall lie in respect of anything done in good faith under this section.
Chapter X
TextTemporary orders in urgent cases of nuisance
Section 102Power to issue order absolute at once in urgent cases
Chapter XI
TextDisputes as to immovable property
Section 103Procedure where dispute concerning land etc. is likely to cause breach of peace
Section 104Power to attach subject of dispute
Section 106Order as to costs
Chapter XChapter X I
TextPreventive action ofpolice
Section 107Police to prevent offences
Section 108Information of design to commit offences
Section 109Arrest to prevent such offences a
PartPART 5
TextINFORMATION TO POLICE AND THEIR
Chapter XIII
TextDuties ofpolice oficer on receiving information about offences
Section 112CIn sections 1 12A and 1 12B -
Section 118
Section 122Diary of proceedings in police investigation
Section 123Report of police officer
(1)When information is received at a police station relating to the commission of an offence, being an offence of which it appears that no a p...
(2)If the information is in writing, he shall forthwith mark on it the date and time of receipt, and, if practicable, the name and address of...
(3)If the information is given orally and he considers it practicable to reduce it to writing forthwith, he shall record or cause to be record...
(4)If the information is given orally and it appears to him impracticable to proceed forthwith under subsection (3), he shall immediately make...
(2)If appropriate consent for a body sample to be taken is refused without good cause or cannot be obtained despite all reasonable efforts, th...
(3)Where it is shown that the appropriate consent from a person was refused without good cause, the Court in determining whether -
(21)he is guilty of the offence with which he has been charged, may draw such inference fiom the refusal as it thinks proper and, based on such...
(1)A body sample may only be taken by -
(21)a police officer who has received training for that purpose;
(2)Before taking a body sample, the person permitted under subsection (1) to take it must satisfy himself that such taking will not endanger t...
(3)The fact that a body sample has been taken under this section shall be recorded by the person taking it in such form or manner as may be re...
(4)A person fiom whom a body sample is lawfully required under section 1 12A who -
PartPART 6
TextPROCEEDINGS IN PROSECUTIONS
ChapterChapter X7V
TextJurisdiction of criminal Courts in inquiries and trials
Section 124-
Section 130(No sections). Conditions requisite for initiation ofproceedings Power to take cognisance of offences 131. Subject to the provisions of thi...
Chapter XV
TextComplaints
Section 134Postponement of issue of process
(1)When a Judge or Magistrate takes cognisance of an offence on complaint, the Judge or Magistrate shall at once examine the complainant upon...
(2)Where the complaint is made in writing by a Court or by a public servant acting or purporting to act in his official capacity, the Judge or...
Chapter XVI
TextCommencement ofproceedings
Section 136Issue of process
Section 137Personal attendance of accused may be dispensed with
Chapter XVII
TextPreliminary inquiries into cases triable by High Court
Section 138Procedure in inquiries preparatory to committal
Section 139Committal for trial where accused wishes to plead guilty
Section 140Hearing and taking of evidence for prosecution
Section 148Power to summon supplementary witnesses
Section 149Custody of accused pending trial
Section 150(no section). Addresses 151.
Chapter XVIII
TextCharge
Section 152Form of charge
Section 154When manner of committing offence must be stated
Section 157Procedure on arraignment on imperfect or erroneous charge
Section 160When new trial may be directed or trial adjourned
Section 161Stay of proceeding if prosecution of offence in altered charge requires prior sanction
Section 162Recall of witnesses when charge altered
Section 164Separate charges for distinct offences
Section 165Trial of offences
Section 166Trial for more than one offence
Section 167If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will cons...
Section 168When person charged with one offence can be convicted of another
Section 169Person charged with offence can be convicted of attempt a
Section 170Person charged with offence can be convicted of another
Section 171When persons may be charged jointly
Section 173Form of charges
Chapter XChapter X H
TextTrials without aid of assessors
Section 174Procedure
Section 175Charge to be read and explained. Conviction on plea of guilty
Section 176Procedure when no admission is made
Section 177When noprima facie case
Section 178When prima facie case
Section 179Defence
Section 180Summoning witnesses
Section 181Acquittal and sentence on conviction
Section 182Non-appearance of complainant
Section 183Non-appearance of accused
Section 184Addresses
Section 185(No section).
Section 186Public Prosecutor may decline to further prosecute at any stage
Section 188Particulars to be recorded
Section 189Transfer of cases
Chapter XX
TextTrials of capital offences
Section 190Trial of capital and certain other offences
Section 191-
Section 205(No sections).
Chapter XXI
TextAssessors
Section 206-
Section 215(No sections).
Chapter XXII
TextGeneral provisions as to inquiries and trials
Section 217-
Section 219(No sections). Assistance to undefended accused 220. Without prejudice to section 22 1, if the accused is undefended, the Court may, in its...
Section 225(No section). The person whose religious feelings are intended to be wounded The person to whom the hurt is caused The person restrained or...
Section 228Power to view
Section 229Sunday or public holiday
ChapterChapter XX7I1
TextMode of taking and recording evidence in inquiries and trials
Section 230Evidence to be taken in presence of accused
Section 231Manner of recording evidence
Section 236Remarks as to demeanour of witness
Section 236DRules of court for sections 236B and 236C
Section 2361(1) Where any proceedings before any Judge or Magistrate are recorded by any mechanical means, the Judge or Magistrate shall cause the elec...
Chapter XXIV
TextJudgment
Section 238No sentence of death against person under 18 years
Section 239Judgment of death
Section 240Judgment not to be altered
Section 242-
Section 243(No sections).
(1)The judgment in every trial in any criminal Court of original jurisdiction shall be pronounced in open Court, or the substance of such judg...
(2)Every such judgment shall be delivered in Malay or in English, and in some language understood by the accused. It shall contain the point o...
(3)It shall specify the offence (if any) of which, and the section of the Penal Code (Chapter 22) or other written law under which the accused...
(4)When the conviction is under the Penal Code (Chapter 22) and it is doubtful under which of two sections or under which of two parts of the...
(5)If it is a judgment of acquittal, it shall state the offence of which the accused is acquitted, and direct that he be set at liberty.
(6)If the accused is convicted of an offence punishable with death and the Court sentences him to any punishment other than death, the Court s...
(2)Without limiting the generality of subsection (I), the officer or other person conducting the prosecution may, in an address pursuant to th...
(6)where the Court has a choice with regard to the lunds of sentence that it may impose in relation to the offence, comment on the appropriate...
(3)The failure by the officer or other person conducting the prosecution to exercise his right under subsection (1) to address the Court with...
(2)This section applies to -
(3)Where a Court is determining the sentence to be imposed on a person for an offence to which this section applies, the Court shall, upon app...
Chapter XXV
TextSubmission of sentences of death to
Section 244Di-Pertuan
Section 245Execution of sentences of death
Section 246Procedure where it is alleged that woman convicted of capital offence is pregnant
Section 247Persons of unsound mind
Section 248Procedure at execution
Section 249Escape of prisoner
Section 250Saving for irregularity
Section 251Date of commencement of sentence
Section 252Execution of sentences of imprisonment
Section 253Provisions as to sentences of fine
Section 254Imprisonment in default
Section 255Termination of imprisonment when fine paid
Section 256Allowing time to pay fine and suspending execution of imprisonment
Section 257Mode of executing sentence of whipping
Section 258Certain persons not punishable with whipping
Section 259Medical certificate required
Section 260Procedure if whipping cannot be inflicted
Section 261Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
Section 262Young Persons Act (Chapter 219)
Section 263Community Service) Act (Chapter 220)
Section 265Requirements from persons subject to supewision
Section 268Di-Pertuan and Constitution
Chapter XXVII
TextPrevious acquittals or convictions
(1)A person who has been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while the...
(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...
(3)A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offenc...
(4)A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently a...
(5)The dismissal of a complaint or the discharge of the accused is not an acquittal for the purposes of this section. 156 Criminal Procedure 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 follow...
(2)Such plea may be pleaded together with any other plea, but the issue raised by such plea shall be tried and disposed of before the issues r...
(3)On the trial of an issue on a plea of a previous acquittal or conviction, the proceedings of the Court on the former trial, and the proceed...
PartPART 7
TextAPPEALS, REFERENCE AND REVISION
Chapter XChapter X;YVIII
TextAppeals
Section 272Procedure
Section 273-
Section 274(no sections).
Section 275Appeal against acquittal
Section 276Copy of record and petition to be sent to appellate Court
Section 277Summary rejection of appeal
Section 278Appeal specially allowed in certain cases a
Section 279Stay of execution pending appeal
Section 280Setting down appeals
Section 281Procedure at hearing
Section 282Non-appearance of respondent
Section 283Arrest of respondent in certain cases
Section 284Appeal from acquittal
Section 285Appeal from conviction
Section 285AAppeal as to sentence
Section 286Appeal from other order
Section 287Order to take further evidence
Section 288Judgment
Section 289Certificate and consequence of judgment
Section 290Death of accused
Section 291Grounds for reversal of judgment of Courts of Magistrates
Section 291AReference to Court of Appeal from Courts of Magistrates on grounds of public interest
Section 292Costs
Section 293Copies of proceedings
Chapter XXLX
TextReference and revision
Section 294Reservation of points of law
Section 295Determination and power thereon
Section 296Power to call for records of Courts of Magistrates
Section 297Power to order further inquiry
Section 298Powers on revision
Section 299Permission for parties to appear
Section 300Orders on revision
PartPART 8
TextSPECIAL PROCEEDINGS
Section 302In this Chapter, "cause of death" include not only the apparent cause of death as ascertainable by inspection or post mortem examination of...
Section 305Post mortem examination of body
Section 306Report of medical officer
Section 308Death of person in custody of police or in psychiatric facility
Section 313Powers of Public Prosecutor and High Court as to inquests
Section 314Admissibility of medical report in certain cases
Section 315Procedure where accused is of unsound mind
Section 316Certificate of medical officer
Section 319Defence of mental disorder at preliminary inquiry
Section 320Defence of insanity on trial
Section 321Order for detention
Section 322Visiting of prisoners of unsound mind
Section 326Procedure in certain cases mentioned in section 132
Section 327Power of Courts in certain offences committed before themselves
Section 328Summary procedure for offences committed in Court
Section 331Power to remit punishment
Section 332Refusal to give evidence
Section 334(No section). Chapter XYXIII
Section 335Maintenance of wives and children
Section 340A(No sections). Chapter XYXIV Directions of nature of habeas corpus Power of Court to make certain orders 341. The High Court may, whenever...
PartPART 9
TextSUPPLEMENTARY PROVISIONS
(a)it is declared by any written law to be discretionary in respect of any offence;
(b)the offence is declared by Schedule 1 to be non-bailable; or
(c)the offence alleged against the person arrested or detained is punishable by imprisonment for a term of 2 years or more, whether or not it...
(1)When any person other than a person accused of an offence punishable with death, imprisonment for life or imprisonment for 15 years or more...
(6)may, if the case is one in which bail is discretionary, be admitted to bail in the discretion of such Magistrate or Court or any police off...
(2)Notwithstanding anything contained in subsection (I), the High Court may in any case direct that any person be admitted to bail irrespectiv...
(3)Any Court may at any subsequent stage of any proceedings under this Code -
(6)direct that any bail required by any police officer or any Court of a Magistrate be reduced or increased: Provided that the Court of Appeal...
(4)Where any police officer exercises the power of granting bail under this section he shall immediately report the complaint and details of t...
(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...
(2)Nothing in this section or in section 346 or 347 is deemed to require the release of any person liable to be detained for some matter other...
(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 b...
(2)On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before hi...
(3)On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be dischar...
(4)A surety may at any time arrest the person for whose attendance and appearance he is a surety and forthwith bring him before a Magistrate,...
Chapter XXXVI
TextBonds
Section 358Direction in lieu of order
Section 359Payment to innocent person of money found on accused
Section 360Stay of order
Section 362Restoration of possession of immovable property
Section 363Procedure by police on seizure of property
Section 364Procedure where no claim established
Section 367Application for transfer
Section 370Omission to frame charge
Section 373Unlawful distress; irregularity no trespass
(1)Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken or, when the bond is for appearance b...
(2)If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the bond by issuing a warrant for the attach...
(3)If the penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the a Cour...
(4)The Court may, in its discretion, remit any portion of the penalty mentioned and enforce payment in part only. Appeal 356. Any person aggri...
(1)When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any...
(2)When an inquiry or a trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by destructi...
(3)When the High Court makes such order and cannot through its own officers conveniently deliver the property to the person entitled thereto,...
(4)Nothing in this section is deemed to prohibit any Court from delivering any property under the provisions of subsection (2) to any person c...
Chapter XL
TextPublic Prosecutor
(1)The Attorney General shall be the Public Prosecutor and shall have the general direction and control of criminal prosecutions and proceedin...
(2)His Majesty the Sultan and Yang Di-Pertuan may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the genera...
(3)The Public Prosecutor may, by notification published in the Gazette, delegate all or any of the powers vested in him by this Code to any De...
(1)Every criminal prosecution and every inquiry shall be conducted -
(2)In cases where no such officer is available, the prosecution shall be conducted as the Public Prosecutor or the Court shall direct.
(3)In non-seizable cases, any private person may appear in person to prosecute for an offence against his own person or property.
(4)In any case in which a private person is appearing in person under subsection (3), the Public Prosecutor may at any stage of the proceeding...
(5)The provisions of subsection (4) apply to any appeal in a criminal prosecution to which the Public Prosecutor is not a party and, subject t...
(6)In any case not falling within subsection (3), the proceedings shall be deemed to be conducted by the Public Prosecutor and he shall for al...
(1)The Public Prosecutor may -
(6)may direct generally that in any specified offence or offences such report or record shall be sent to him, and the officer or Magistrate sh...
(2)Notwithstanding that the Public Prosecutor has not called for such report or record, the oficer making such report or the Magistrate holdin...
(3)Pending the instructions of the Public Prosecutor, the inquiry, trial or further consideration of the case shall be adjourned, unless the P...
(1)In any criminal case and at any stage thereof before judgment, the Public Prosecutor may, either personally or in writing, inform the Court...
(2)Such discharge shall not operate as a bar to any subsequent proceedings against him on account of the same facts. When Public Prosecutor ma...
(1)If the Public Prosecutor is of opinion that a criminal offence is disclosed and that further proceedings should be taken against the accuse...
(2)Upon the order of the Public Prosecutor being received by the Magistrate he shall cause the accused person to appear before him and shall h...
(3)If an inquiry or supplemental inquiry is directed to be held the accused person, if at large on bail, shall be called upon by written notic...
(4)All the provisions in respect of the original inquiry shall be applicable, so far as may be, to the supplemental inquiry.
(5)The Magistrate shall at the termination of the inquiry or supplemental inquiry forthwith transmit a copy of the record to the Public Prosec...
(6)A supplemental inquiry may be continued by a Magistrate other than the Magistrate who conducted the original inquiry.
(7)The Public Prosecutor may, in lieu of or in addition to requiring the Magistrate to take further evidence under subsection (I), give notice...
Chapter XLI
TextGeneral
Section 381Power of Court to summon and examine persons
Section 384Rules as to rates etc.
Section 385Certificate of Magistrate
Section 387Compensation for family of person killed in arresting
Section 388Recovery of money payable under order
Section 389Superior police officer may exercise powers of subordinate officers
Section 390Power of police to seize property suspected of being stolen
Section 391Person released on bail to give address for service
Section 392Power to compel restoration of abducted persons
Section 393Compensation for giving in charge groundlessly
Section 394Magistrate not to act where interested
Section 395Public servants not to bid at sales under this Code
Section 396When receivers etc. charged evidence of other cases allowed
(1)Any affidavit if otherwise admissible may be used in a criminal Court if it is sworn or affirmed -
(2)The Court shall take judicial notice of the seal or signature (as the case may be) of any Judge, Court, Notary Public, Consul, Vice-Consul...
(2)The following are persons to whom the provision of subsection (1) applies -
(3)Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.
PartPART 10
TextJURISDICTION OF COURT OF APPEAL
Chapter XLII
Text(Repealed)
Section 401-
Section 404(Repealed). Criminal Procedure Code CAP. 7 205
Chapter XLIII
TextReference
Section 405In this Chapter, unless the context otherwise requires, "reference"
Section 410Costs
Section 412Resewation by Judge
Chapter XLIV
TextAppeals by persons convicted
Section 427Right of appeal if person found incapable of making defence
Section 437Restitution
Section 4380(1) The Public Prosecutor, in any appeal under this Chapter, shall give notice of appeal in such manner as may be provided by rules and ord...
(1)Except as provided by this Code, the Court of Appeal shall allow an appeal against conviction if it thinks that -
(2)The Court of Appeal may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the ap...
(3)The Court of Appeal shall, if it allows the appeal, quash the conviction.
(4)An order of the Court of Appeal quashing a conviction shall, except when under section 420 the appellant is ordered to be retried, operate...
(1)This section applies on an appeal against conviction where the appellant has been convicted of an offence and the Judge could have found hi...
(2)The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the Judge, a verdict of guilty o...
(1)This section applies where on an appeal against conviction after trial in the High Court on two or more charges, the Court of Appeal allows...
(2)The Court of Appeal may, in respect of any charge on which the appellant remains convicted, pass such sentence in substitution for any sent...
(1)This section applies on an appeal against conviction by a person in whose case the Judge has made a special finding.
(2)If the Court of Appeal considers that a wrong conclusion has been arrived at by the Judge, it may, instead of allowing the appeal, order su...
(1)Where, on an appeal against conviction, the Court of Appeal is of opinion that -
(3)the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused person...
(2)On making an order under this section, the Court of Appeal may give such directions as it thinks fit for his detention pending his admissio...
(1)Where the Court of Appeal allows an appeal against conviction and it appears to the Court of Appeal that the interests of justice so requir...
(2)A person shall not under this section be ordered to be retried for any offence other than -
(1)A person who is to be retried for an offence in pursuance of an order under section 420 shall be tried on a fresh charge preferred by the P...
(2)The Court of Appeal may, on ordering a retrial make such orders as appear to it to be necessary or expedient -
(3)If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order...
(1)A person convicted of any offence after trial in the High Court may appeal to the Court of Appeal against any sentence (not being a sentenc...
(2)This section shall also provide rights of appeal against sentence when a person is dealt with by the High Court (otherwise than on appeal f...
(3)An appeal against sentence lies under this section if an offender is committed for sentence by a Magistrate under this Code or any other wr...
(1)Where the High Court has passed on an appellant two or more sentences in the same proceedings, an appeal against any one of those sentences...
(2)On an appeal against sentence, the Court of Appeal, if it considers that the appellant should be sentenced differently for an offence for w...
(1)Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 424 if it is of opinion that -
(2)Notwithstanding subsection (I.), the Court of Appeal may dismiss an appeal under section 424 if it is of opinion that, notwithstanding the...
(3)Where apart from this subsection -
(6)none of the grounds for allowing it relates to the question of the insanity of the appellant, the Court of Appeal may dismiss the appeal if...
(4)Where an appeal under section 424 is allowed, the following provisions apply -
(6)in any other case, the Court of Appeal shall substitute for the verdict of not guilty by reason of insanity, a verdict of acquittal. 214 Cr...
(2)Where in accordance with section 425(4)@) the Court of Appeal substitutes a verdict of acquittal and it is of opinion that -
(3)On making an order under this section, the Court of Appeal may give such directions as it thinks fit for his detention pending his admissio...
Chapter XLV
TextGeneral
(1)The powers of the Court of Appeal under this Part which are specified in subsection (2) may be exercised by a single Judge of the High Cour...
(2)The powers are the following -
(3)If the single Judge refuses an application by an appellant or applicant to exercise in his favour any of the powers above specified, the ap...
(1)The Chief Justice may make rules and orders governing the practice and procedure to be followed under this Part.
(2)Such rules and orders may provide for -
ScheduleSCHEDULE 1 (sections 8(l)(b), 136(1) and 346@)) TABULAR STATEMENT OF OFFENCES UNDER PENAL CODE (CHAPTER 22) Explanatory Note - 1. The entri...
ScheduleSCHEDULE 2 (sections 173,294(2), 398 and 400) FORMS I - Summons to an accused person (section 39) To of Whereas your attendance is necessar...
ScheduleSCHEDULE 3 (section 14A(7)) 1. RELEASE OF PERSONS SENTENCED TO REFORMATIVE TRAINING A person sentenced to reformative training shall be det...
ScheduleSCHEDULE 3 - (continued) (3) the Visiting Justices may at any time release a person who is a detained in a reformative training centre unde...
ScheduleSCHEDULE 3 - (continued) deemed to be unlawfully at large and to have escaped from lawful custody. (8) Every person released under this par...

Common questions

What is Criminal Procedure Code?: Criminal Procedure Code is Brunei Act, cited as Act 7 2021, currently marked in force and first recorded in 2021.
Is Criminal Procedure Code still in force?: Yes — Criminal Procedure Code is currently in force.
When did Criminal Procedure Code take effect?: Criminal Procedure Code was first recorded in 2021.
How many sections does Criminal Procedure Code have?: Criminal Procedure Code contains 220 sections.
Where can I read the official version of Criminal Procedure Code?: The official text of Criminal Procedure Code is published at agc.gov.bn.

Something wrong on this page?

If one provision's text doesn't match the official source, use Suggest a fix beside that provision — it opens an editor next to the source document. For anything else — a missing amendment, a broken link, out-of-date content, or a removal request — report it here.

Report an issue Request removal