Section 53
of Syariah Courts Criminal Procedure Code
Section 53
(1)
If any such postal article or other document is in the opinion of the Syariah Appeal Court or the Syariah High Court wanted for the purpose of any investigation. inquiry, trial or other proceedings under this Code, such
Syariah Court may require the postal authority to deliver such postal article or other document to such person as it may direct.
(2)
In this section, "postal authority" includes institutions which give similar services and any person providing courier services.
Sections 36 to 39 to apply 54.
Sections 36, 37. 38 and 39 apply in relation to summons under this
Chapter.
Search warrants
When search warrant may be issued 55.
(1)
Where -
(a)
any Syariah Court has reason to believe that a person to whom a summons or order under section 52 has been or might have been addressed will not or would not produce the property or document as directed in the summons or order;
(b)
such property or document is not known to the Syariah
Court to be in the possession of any person:
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(c)
the Syariah Court considers that the purpose of justice or any inquiry, trial or other proceedings under this Code will be served by a general search or inspection;
(d)
a Syar'ie Judge, after receiving information and after such inquiry as he thinks necessary, has reason to believe that an offence has been committed; or
(e)
any evidence or thing which is necessary for the conduct of an investigation into any offence under which the Syariah Court has jurisdiction may be found in any place, the Syariah Court may issue a search warrant and the person to whom such warrant is directed may enter with such assistance as may be required, search and inspect the place for any such evidence or thing, and if anything searched for is found, it may be taken and brought before the Syar'ie Judge issuing the warrant. or other Syar'ie Judge to be dealt with in accordance with the provisions of this Code.
(2)
A search warrant shall ordinarily be directed to any Religious
Enforcement Officer or police officer to be designated by name in the warrant. and all or any of such Religious Enforcement Officer or police officer may execute the warrant.
Power to restrict search warrant 56.
The Syariah Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend, and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
Form of search warrant 57.
(1)
Every search warrant issued by a Syariah Court under this Code shall be in writing and signed by a Syar'ie Judge or Registrar and shall bear the seal of the Syariah Court.
(2)
Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant.
(3)
Search warrant issued under this Code may be executed in any part of Brunei Darussalam.
B. L.R.O. 4/2021
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Criminal Procedure Code