ChapterCHAPTER 224
TextSYARIAH COURTS CRIMINAL PROCEDURE
TextSYARIAH COURTS
PreambleAn Act to make provisions in respect of criminal procedure for Syariah Courts
PartPART 1
TextPRELIMINARY
PartPART 2
TextGENERAL PROVISIONS
PartPART 3
TextOTHER GENERAL PROVISIONS
Chapter I
TextInformation to Syar 'ie Judge, Religious Enforcement Oficer and police officer
Chapter II
TextArrest, escape and re-arrest
(1)In making an arrest, the Religious Enforcement Officer, police officer or other person making the arrest shall touch the body of the person...
(2)If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such officer or other person may use all means...
(3)Nothing in this section gives a right to cause the death of any person to be arrested who is not accused of an offence punishable with deat...
(4)The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. A, a Religious Enforcement Officer, a...
(1)If any person acting under a warrant of arrest or any Religious Enforcement Officer or police officer having authority to arrest has reason...
(2)If ingress to such place cannot be obtained in accordance with subsection (1). it shall be lawful in any case for a person acting under a w...
(1)When a person is arrested -
(2)A list of all articles seized shall be prepared by the officer making the arrest and shall be signed by him. Power to seize offensive weapo...
(1)Any Religious Enforcement Officer or police officer may, without an order from a Syar'ie Judge and without a warrant, arrest -
(2)If any person liable to be arrested under this Code is not arrested at the time of committing the offence for which he is so liable, or aft...
(1)An officer of customs may arrest without warrant any person committing or attempting to commit or abetting the commission of an offence und...
(2)In this section, "officer of customs'' has the same meaning assigned to it under the Customs Order, 2006 (S 3912006). Refusal to give name...
(1)When any person in the presence of a Religious Enforcement Officer or police officer commits or is accused of committing a non-seizable off...
(2)When any person is brought before a Syar'ie Judge, such Syar'ie Judge may either require him to execute a bond, with or without surety. for...
(3)When any person in the presence of a Religious Enforcement Officer or police officer commits or is accused of committing a non-seizable off...
(1)Any private person may arrest any person who, in his view, commits a seizable offence or who has been proclaimed under section 45 and shall...
(2)If there is reason to believe that such person comes under the provisions of section 25, a Religious Enforcement Officer or police oficer s...
(3)If there is reason to believe that he has committed a non-seizable offence and he refuses on the demand of a Religious Enforcement Officer...
(4)If there is no reason to believe that he has committed an offence. he shall be at once released. Syariah Courts Criniinal Procedure Code CA...
(5)Any person who commits an offence on or with respect to the property of another may. if his name and address are unknown. be apprehended by...
(1)A Religious Enforcement Officer or police officer making an arrest without a warrant under this Code shall without unnecessary delay and su...
(2)No Religious Enforcement Officer or police officer shall detain in custody a person arrested without a warrant for a longer period than und...
(3)Such period shall not ordinarily exceed 48 hours, exclusive of the time necessary for the journey from the place of arrest to the Syariah C...
(4)When a person arrested is brought before the Syariah Court, the Syariah Court shall immediately hear the charge against him or adjourn the...
(5)When any Syar'ie Judge before whom the accused person is brought under this section, whether he has jurisdiction or not to try the case, he...
(6)A Syar'ie Judge authorising under this section the remand of any a person in the custody of the police shall record his reasons for so doin...
(7)If the case against the accused is adjourned, the person shall, unless he is released on bail, be remanded in prison or police custody unde...
Chapter III
TextProcesses to compel appearance
(1)Every summons to appear issued by a Syariah Court under this Code shall be in writing and signed by a Syar'ie Judge or Registrar and shall...
(2)The summons shall state in general the offence charged and the section and the law under which it is punishable.
(3)Such summons shall ordinarily be served by a Religious Enforcement Officer or police officer but the Syariah Court issuing the summons may,...
(1)The summons sliall, if possible, be served persoilally on the person summoned by showing him the original suminons and by tendering or deli...
(2)Every person on whom a summons is so served shall. if so required by the serving oficer, sign a receipt for the summons or its copy at tlie...
(3)In the case of a corporation. the summons may be served on the secretary or other like officer authorised by the corporation.
(4)Where the person to be summoned refuses to sign the receipt and refuses to accept the summons or its copy, it may be left near him and his...
(5)Where the person to be summoned cannot by the exercise of due diligence be found, the summons may be served by leaving the summons or a cop...
(6)Where the person summoned is in tlie service of the Government, the Syariah Court issuing the summons shall ordinarily send it or a copy th...
(1)Every warrant of arrest issued by a Syariah Court under this Code shall be in writing and signed by a Syar'ie Judge or Registrar and shall...
(2)Every such warrant shall remain in force until it is cancelled by the Syariah Court which issued it or until it is executed. Syariah Court...
(1)Any Syariah Court issuing a warrant for the arrest of any person may. in its discretion, direct by indorsement on the warrant that if such...
(2)The indorsement shall state -
(3)When security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Syariah Court. Warrant...
(1)A warrant of arrest shall ordinarily be directed to all Religious Enforcement Officers and all police officers and any such officer may exe...
(2)The Syariah Court issuing a warrant may direct it to any person or persons by name not being a Religious Enforcement Officer or police offi...
(1)If a Syariah Court has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by i...
(2)The proclamation shall be published as follows - B.L.R.O. 1.2021 Syariah Courts 44 Crirninal Procedure Code
(3)A statement in writing by the Syariah Court issuing the proclamation to the effect that the proclamation was duly published on a specified...
(1)The Syariah Court issuing a proclamation under section 45 may at any time order the attachment of any property belonging to the proclaimed...
(2)In exercising the power conferred by subsection (I), the Syariah Court shall have regard to the type of offence and sentence that could be...
(3)If the property ordered to be attached consists of debts or other movable property, the attachment shall be made by -
(4)If the property ordered to be attached is immovable property, the attachment under this section shall be made through the Land Oficer of th...
(5)No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly...
(6)If the proclaimed person does not appear within the time specified in the proclamation, the property shall be at the disposal of the Govern...
(7)Any person other than the person proclaimed may appear before the Syariah Court which made the order of attachment and claim, stating his t...
(8)The Syariah Court shall record the claim so made and shall cause a copy thereof to be served on the prosecutor together with a notice requi...
(9)At the hearing, the Syariah Court shall proceed to inquire into the tn~th and justice of the claim so made and to takesuch evidence as may...
(10)Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter V of Part 5 for conducting trials. B. L.R....
(12)The Syariah Court may, in its discretion, award to the claimant costs and such expenses as it thinks proper which shall be paid by the Gove...
Chapter IV
TextProcess to compel production of documents and other mo~~able property and for discovery ofpersons wrongfiully confined
(1)Notwithstanding any other written law for the time being in force. when any Syariah Court, Religious Enforcement Officer or police officer...
(2)In the case of banker's books, no Religious Enforcement Oficer not authorised in writing by the Chief Religious Enforcement Officer or poli...
(3)Any person required under this section merely to produce any property or document is deemed to have complied with the requisition if he cau...
(4)Nothing in this section is deemed to apply to any postal article or other document in the custody of the postal authority.
(5)In this section, "banker's books" include ledgers, day books, cash books, account books and all other books used in the ordinary business o...
PartPART 4
TextINFORMATION TO RELIGIOUS ENFORCEMENT OFFICERS AND
(a)receive information as to the commission of an offei~ce and make any necessary investigation;
(6)examine or arrest any person committing an offence or suspected of committing an offence;
(1)Subject to the provisions of any other written law and to any lawful order or direction given to him in that behalf, every Religious Enforc...
(2)The Chief Syar'ie Prosecutor may direct that the investigation of such non-seizable offences as may be specified in such direction need not...
(1)A Religious Enforcement Oflicer or police officer making an investigation under this Chapter may cause a body sample of a person to be obta...
(2)If a person's appropriate consent for a body sample to be taken is refused without good cause or cannot be obtained despite all reasonable...
(3)Where it is shown that such person's appropriate consent was refused without good cause, the Syariah Court, in determining whether - ((I) t...
(4)A body sample under this section is qarinah.
PartPART 5
TextPROCEEDINGS IN PROSECUTION
TextJurisdiction of Syariah Courts in trial
(1)Subject to this Code, a Syar'ie Judge may take cognisance of an offence -
(2)When a Syar'ie Judge takes cognisance of an offence under subsection (l)(b). the accused or, when there are more than one accused. any one...
ChapterChapter I1
TextComplaint to Syar 'ie Judge
(1)When a Syar7ie Judge takes cognisance of an offence on complaint, the Syar'ie Judge shall immediately examine the complainant on a yamin or...
(2)Where the complaint is made in writing by the Syariah Court or by a public officer acting or purporting to act in his official capacity, th...
(3)No proceedings shall be initiated in the case of qazaf except on a report made to a Religious Enforcement Officer or police officer, or a c...
(1)A Syar'ie judge before whom a complaint is made may dismiss the complaint if, after examining the complainant and recording his examination...
(2)The Syar'ie Judge dismissing the complaint shall record his reasons for doing so. Issue of process 97.
(1)If in the opiilion of a Syar'ie Judge taking cognisance of an offence there is sufficient ground for proceeding and the case appears to be...
(2)If the case appears to be a warrant case, the Syar'ie Judge may issue a warrant or, if he thinks fit. a summons for causing the accused to...
(3)Nothing in this section is deemed to affect the provisions of section 48. Personal attendance of accused may be dispensed with 98.
(1)Whenever a Syar'ie Judge issues a summons, he may, if he sees reason to do so, dispense with the personal attendance of the accused.
(2)The Syar'ie Judge inquiring into or trying the case may, in his discretion, at any stage of the proceedings direct the personal attendance...
Chapter IIL
TextCharges
(1)Every charge under this Code shall state the offence with which the accused is charged.
(2)If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3)If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give...
(4)The law. section of the law and the punishment against which the @ offence is said to have been committed shall be mentioned in the charge.
(5)The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged...
(6)B is charged with committing iit~a. The charge may state that B committed zinu without making reference to the definition of iinu but the c...
Chapter V
TextTrial
Chapter VI
TextGeneral provisions us to triul
Chapter VII
TextMode of taking and recording evidence in inqui~y or trial
Chapter VIII
TextNo sentence of death on person who is not muknllaf or has not attained age of baliglr
Chapter X
TextSubmission ofsentences o f death and qisas to His Mujesty the Sultan and
(1)In every case where death sentence as hadd or qisas is confirmed by the Syariah Appeal Court or after the appeal against such sentence has...
(2)In the case of death sentence as qisus, His Majesty the Sultan and Yang Di-Pertuan may, after receiving the report, graciously advice, dire...
(3)If His Majesty the Sultan and Yang Di-Pertuan becomes ivali for the offence which is punishable with death sentence as qisas, His Majesty t...
(1)In every case in which sentence of death other than sentence of death under section 159, the presiding Syar'ie Judge shall forward to the C...
(2)On the expiration of the time prescribed for instituting an appeal or, if an appeal has been instituted upon the dismissal of the appeal, t...
(3)His Majesty the Sultan and Yang Di-Pertuan may cause the presiding Syar'ie Judge to be summoned to attend the meeting of the Privy Council...
(4)His Majesty the Sultan and Yang Di-Pertuan, after considering the report or reports and if the presiding Syar'ie Judge has been summoned to...
Chapter XI
TextSentences and execution thereof
ScheduleSchedule 4. Compounding of sentence 176. Where after committing sariqah. the offender is convicted of another offence and sentenced with qi...
ScheduleSchedule 6: ,"j after inflicting each stroke, the officer executing the sentence shall lift the whipping rod upwards and not pull it as sho...
ScheduleSCHEDULE 1 (sections 2(l) and 323(1)(b))
ScheduleSCHEDULE OF OFFENCES UNDER SYARIAH PENAL CODE ORDER, 201 3 (S 691201 3 ) PART 111 -ABETMENT Section 41 42 43 45 2 Offence Abetment and if a...
ScheduleSCHEDULE 2 (sections 272(2) and 375) FORMS FORM I IN THE ............................. COURT AT ......................................... R...
ScheduleSCHEDULE 4 (section 1 75(3)) AMPUTATION OF LEFT FOOT Syaricrh Courts C'rin~inal Procedure Code CAP. 224 325
ScheduleSCHEDULE 6 (section 179(e) and (0) EXECUTION OF SENTENCE OF WHIPPING Syar ia h Courts 326 Crinzinul Procedure Code
ScheduleSCHEDULE 7 (section 204(a)) CONDITIONS AND LAFAZ OF REPENTANCE Conditions for offender who desires to repent, whether Muslim or non-Muslim...