Section 2

In this Code, unless the context otherwise requires -

"'udil" has the same meaning assigned to it under the Syariah

Courts Evidence Order, 2001 (S 6312001);

"arsy " has the same meaning assigned to it under section 12 1 of the Syariah Penal Code Order, 201 3 (S 691201 3);

"bailable offence" means an offence shown as bailable in

Schedule 1 or which is made bailable by any other written law for the time being in force;

"baligh?' has the same meaning assigned to it under the Syariah

Courts Evidence Order, 200 1 (S 631200 1);

"Chief Religious Enforcement Officer" means the Chief Religious

Enforcement Officer appointed under section 26 of the Syariah

Courts Act (Chapter 184);

"Chief Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act (Chapter 184);

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"Chief Syar'ie Prosecutor'' has the same meaning assigned to it under the Syariah Courts Act (Chapter 184);

e

"Commissioner of Police" means the Commissioner of Police of the Royal Brunei Police Force appointed under the Royal Brunei

Police Force Act (Chapter 50);

"complaint' means the allegation made orally or in writing to a

Religious Enforcement Officer, police officer or Syar'ie Judge with a view to the Religious Enforcement Officer, police officer or

Syar'ie Judge taking action under this Code that a person whether known or unknown has committed or is guilty of an offence;

"hadd' has the same meaning assigned to it under section 52(1) of the Syariah Penal Code Order, 2013 (S 6912013);

"Hukum Syara' '? means the laws of any sect which the Syariah

Court considers valid;

"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;

"Judge", for the purposes of sections 122 and 249, means a Syar'ie

Judge or Judge of the Supreme Court, as the case may be;

"Majlis" means Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter 77);

"medical officer" means a person registered under the Medical

Practitioners and Dentists Act (Chapter 112)' and includes a

Medical Officer appointed under section 14 of the Prisons Act

(Chapter 5 1);

"Minister" means the Minister of Religious Affairs;

"mukallaf' has the same meaning assigned to it under the Syariah

Penal Code Order, 20 1 3 (S 69/20 13);

a

"mumaiyiz" has the same meaning assigned to it under the Syariah

Courts Evidence Order, 200 1 (S 631200 1);

"non-bailable offence" means an offence shown as non-bailable in

Schedule 1 or which is made non-bailable by any other written law for the time being in force;

-

'hon-seizable offence?' means an offence for which a Religious

Enforcement Officer or a police officer may not ordinarily arrest without warrant according to the third column of Schedule 1 or

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under the provisions of any other written law for the time being in force;

"offence" means any act or omission made punishable by this

Code or any other written law for the time being in force;

"officer in charge of prison" means the Officer-in-Charge of any prison as defined under the Prisons Act (Chapter 5 1);

"officer in charge of a police district" means the oflicer appointed to perform the duties of that office and when such officer is absent therefrom or unable from illness to perform his duties, the police officer present and acting in the police district who is next in rank below such officer;

"officer in charge of a police station" n1eans the officer appointed to perform the duties of that office and when such officer is absent therefrom or unable from illness to perform his duties, the police officer present and acting in the police station who is next in rank below such officer;

"Permanent Secretary" means the Permanent Secretary to the

Office of the Prime Minister;

"place" includes a house, building, tent and vessel;

"police district" has the same meaning assigned to it under the

Royal Brunei Police Force Act (Chapter 50);

"police officer" means any member of the Royal Brunei Police

Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;

"postal article" means any letter, postcard, book, document, pamphlet or sample parcel or package or other article whatsoever transmitted by post or courier service;

"public servant" has the same meaning assigned to it under the

Syariah Penal Code Order, 20 13 (S 69/20 1 3);

"Registrar" means the Chief Registrar of the Syariah Appeal

Court, the Deputy Chief Registrar of the Syariah Appeal Court, the

Registrars of the Syariah High Court or the Assistant Registrars of the Syariah Subordinate Courts, as the case may be, appointed under section 13 of the Syariah Courts Act (Chapter 184);

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"relative" has the same meaning assigned to it under the Islamic

Adoption of Children Act (Chapter 206);

"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act (Chapter 184);

"seizable offence" means an offence for which a Religious

Enforcement Officer or police officer may ordinarily arrest without warrant according to the third coluinn of Schedule 1 or under the provisions of any other written law for the time being in force;

"summons case" means a case relating to an offence not being a warrant case;

"Syariah Court" ineans the Syariah Courts established under section 6(1) of the Syariah Courts Act (Chapter 184);

"Syar'ie Judge" has the same meaning assigned to it under the

Syariah Courts Act (Chapter 184);

"Syar'ie Lawyer9' has the same meaning assigned to it under the

Syariah Courts Act (Chapter 184);

''Syar'ie Prosecutor" means a Syar'ie Prosecutor appointed under section 25(4) of the Syariah Courts Act (Chapter 184), and includes the Chief Syar'ie Prosecutor;

"wali-ad-dam" has the same meaning assigned to it under the

Syariah Penal Code Order, 20 13 (S 69/20 13);

"warrant case" means a case relating to an offence punishable with hadd, qi.tas or imprisonment for a term exceeding one year;

"yamin" has the same meaning assigned to it under the Syariah

Courts Evidence Order, 2001 (S 6312001).

All words and expressions used in this Code and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4)

shall have the same meanings respectively assigned thereto to the extent that they do not conflict with Hukum Syara '.

If any conflict or doubt arises when interpreting any word or expression relating to Hukum Syara ', it shall be the discretion of the Syariah

Court trying the case to decide the meaning of such word or expression.

The Chief Syar'ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, amend the Schedules to this Code.

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References in this Code to the commencement of this Code are references to the commencement of the main substantive provisions of this

Code.