#Cr.PC ( Code Of Criminal Procedure 1973 )Criminal Procedure Law Chapter IIISection 26 to 35 Mult. 66A. (3) An officer or a Court releasing any person on bail under subsections (1) or (2) shall record in writing the reasons for so doing. 17. 372. (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. THE CODE OF CRIMINAL PROCEDURE, 1973 ACT NO. and entitled to retain such possession until ousted by due course of law, and any disturbance of his [or their] possession in the meantime is forbidden. Notice of hearing 315. (6) It shall only be exercised for the purpose of ascertaining from an accused how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained. 35. In accordance with subsection (2), where a, In the case of any proceedings in a magistrates court the record of which has been called for or which has been reported for orders, or which otherwise comes to its knowledge, when it appears that in those proceedings an error material to the merits of any case or involving a miscarriage of justice has occurred, the High Court may, in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by sections. Where an appeal emanates from a judgment of a magistrate grade II, and either the accused person or the Director of Public Prosecutions has appealed to the chief magistrate, and from there to the High Court, either the accused or the Director of Public Prosecutions may lodge a third and final appeal to the Court of Appeal with the certificate of the High Court that the matter raises a question of law of great public or general importance or if the Court of Appeal in its overall duty to see that justice is done, considers that the appeal should be heard; except that in such a third appeal by the Director of Public Prosecutions, the Court of Appeal shall only give a declaratory judgment.47. (2) When consent is given as in subsection (1) and an outstanding offence is taken into consideration, the Court shall enter or cause an entry to that effect to be made on the record and upon sentence being pronounced the accused shall not, unless the conviction which has been had is set aside, be liable to be charged or tried in respect of any such offence so taken into consideration. (1)Any private person who arrests any person without a warrant shall without unnecessary delay make over the person so arrested to a police officer, or in the absence of a police officer shall take the person to the nearest police station. 299. (5) The offender, when so remanded, may be committed to prison and the warrant of remand shall order that he be brought before the Court before which he was bound to appear for judgment or to answer as to his conduct since his release. (2) A pre-trial conference shall commence within thirty days from the date the accused was charged in court or any reasonable time before the commencement of the case management. Whereas .. of .. has bound himself as surety for the appearance of (mention the condition of the bond), and the said .. has made default, and thereby forfeited to the Yang di-Pertuan Agong the sum of .. ringgit. (2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally. Mischief by causing inundation, or obstruction to public drainage, attended with damage, Mischief by destroying or moving or rendering less useful a light-house or sea-mark, or by exhibiting false lights, Mischief by destroying or moving, etc., a landmark fixed by public authority, Mischief by fire or explosive substance with intent to cause damage to amount of fifty ringgit or upwards. (2) The strip search may only be conducted in the following circumstances: (b) when there is reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him. (3) When giving any direction under this section the Public Prosecutor may also direct whether the body shall or shall not be exhumed. When the nature of the case is such that the particulars mentioned in sections 152 and 153 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. (3) Upon receiving an application made under subsection (1), the Court shall issue a notice in writing to the Public Prosecutor and to the accused to appear before the Court on a date fixed for the hearing of the application. Criminal Procedure Code, is a code which guides the criminal cases procedure starting from informing a criminal until to conviction and execution. Warrant of Commitment in Certain Cases of Contempt when a Fine is Imposed. Where an appeal emanates from a judgment of a magistrate grade II, and either the accused person or the Director of Public Prosecutions has appealed to the. (6)On any appeal brought under this section the Court of Appeal may, notwithstanding that it may be of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred. Assistance to magistrate or police officer 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. (3)Notwithstanding subsection (2), in the case of an appeal against conviction, if the Court of Appeal dismisses the appeal and confirms the conviction appealed against, it shall not, except as provided in subsection (4), increase, reduce or alter the nature of the sentence imposed in respect of that conviction, whether by the magistrates court or by the High Court, unless the Court of Appeal thinks that the sentence was an unlawful one, in which case it may impose such sentence in substitution for it as it thinks proper. 378. Help; Website Policies; Contact us; Visitor Analytics; Feedback; (1) In any criminal proceedings, a written statement by any person shall, with the consent of the parties to the proceedings and 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. Search of place entered by person sought to be arrested (6) Any offender when apprehended on any such warrant shall, if not immediately brought before the Court having power to sentence him, be brought before a Magistrate who may, (a) either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a Court having power to deal with his original offence whichever shall first happen; or. (3) In case of a plea of guilty by letter the accused shall give in the letter an adequate postal address and the Magistrate shall inform the accused by letter sent by registered post to that address of the sentence imposed. (5) All matters agreed upon in the pre-trial conference by the advocate and the prosecution shall be reduced into writing and signed by the accused, the advocate and the prosecution. Ezlaw International Sdn Bhd ( EASYLAW ) Lesson 5 Apr 25 1h . EasyLaw provides information and software only. Search of person arrested Persons found committing any offence involving injury to property may be arrested without a warrant by the owner of the property or his or her servants or persons authorised by him or her. (1) When more charges than one are made against the same person and when a conviction has been had on one or more of them, the officer conducting the prosecution may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into or trial of the charge or charges. The Courts for the administration of criminal justice in Malaysia shall be those constituted pursuant to the Constitution, or the Courts of Judicature Act 1964 [Act 91], or by the Subordinate Courts Act 1948 [ Act 92], or by any other law for the time being in force. 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. (2) In any prosecution pursuant to subsection (1), the accused shall be produced before the Magistrate's Court which shall, after the charge has been explained to him, transmit the case to the High Court and cause the accused to appear or be brought before that Court as soon as may be practicable: Provided that when the accused is brought before the Magistrate's Court before the Public Prosecutor has consented to the prosecution, the charge shall be explained to him but he shall not be called upon to plead thereto. (6) Notwithstanding anything contained in this Code or any other written law to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding. 2000]. Every appeal from a magistrates court, except an appeal from a sentence of a fine, shall finally abate on the death of the appellant. Download. To the Inspector General of Police, and all other Police Officers. (1B) Where the person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person. A police officer or other person making any arrest may take from the person arrested any offensive weapons which he or she has about his or her person, and shall deliver all weapons so taken to the court or officer before which or whom the police officer or person making the arrest is required by law to produce the person arrested. It includes powers of superior officers of police, public when to assist Magistrates and police, aid to a person other than a police officer, executing the warrant, and public to give information of certain offences. (1) Whenever a First Class Magistrate is satisfied, from a police report or other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof within the local limits of his jurisdiction, he shall make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in the dispute to attend his Court in person or by advocate within a time to be fixed by the Magistrate and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. Practice them to understand the difficulty level of questions. Court of . (2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer the questions or by giving false answers to them, but the Court may draw such inference from the refusal or answers as it thinks just. (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; (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. 294. CODE OF CRIMINAL PROCEDURE ACT Arrangement of Sections 1. Criminal Procedure Code 2010 Long Title Part 1 PRELIMINARY 1 Short title 2 Interpretation 3 Service of notices, orders and documents 4 Trial of offences under Penal Code 1871 or other laws 5 Saving of powers of Supreme Court and law officers 6 Where no procedure is provided Part 2 CRIMINAL JURISDICTION OF STATE COURTS (8) In the case of an appeal by the Public Prosecutor no fee shall be payable. (c) a copy thereof shall be affixed to some conspicuous part of the Court-house. (as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded: You are hereby called upon to pay the said penalty of .. ringgit or to show cause before me within days why payment of the same should not be enforced against you. Every person is bound to assist a magistrate or police officer reasonably demanding his or her aid(a)in the taking or preventing the escape of any other person whom that magistrate or police officer is authorised to arrest;(b)in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.Preventive action of the police Whereas .. of .. has failed to appear on .. pursuant to his recognizance, and has by such default forfeited to the Yang di-Pertuan Agong the sum of .. ringgit, and whereas the said .. has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him: This is to authorize and require you to attach any movable property of the said .. that you may find by seizure and detention, and if the said amount is not paid within three days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution. Whereas .. of .. did on the day of .. 20, give security by bond in the sum of .. ringgit for the good behaviour of .., and proof has been given before me and duly recorded of the commission by the said .. of the offence of .. where by the said bond has been forfeited; and whereas notice has been given to the said .. calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum: This is to authorize and require you to attach by seizure the property belonging to the said .. to the value of .. ringgit, .. which you may find; and if the said sum is not paid within .. to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution. (1C) The Court shall, in making an order under subsection (1a), take into consideration the following factors: (b) the injury sustained by the victim; (c) the expenses incurred by the victim; (d) the damage to, or loss of, property suffered by the victim; (e) the loss of income incurred by the victim; (f) the ability of the convicted accused to pay; and. (3) When the accused appears or is brought before the High Court in accordance with subsection (2), the High Court shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX. 108. (1D) For the purpose of making an order under subsection (1a), the Court may hold an inquiry as it thinks fit. 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. Admission of appellant to bail and custody pending appeal 260. This Act (hereinafter referred to as " the Code ") may be cited as the (3)Unless the appellate court otherwise directs, the accused person or his or her advocate shall be present when the additional evidence is taken. (c) A is accused of murder, cheating, theft, extortion, criminal intimidation, or using a false property-mark. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under rules of court in force for the time being. Powers, jurisdiction rights and duties of certain officers. (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. (ii) inspect the ear canals of the person by looking into the ear canal and for this purpose, a flashlight may be used; (h) in conducting a search of the nasal passage, the officer conducting a search may instruct the person arrested to tilt head back to observe and inspect the nasal canal and nostrils, and for this purpose, a flashlight may be used; (i) to search the mouth, the officer may-. (4) The transcript shall be authenticated by the signature of the Judge or Magistrate. (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. A may be separately charged with and convicted of offences under sections471 (read with 466) and 196 of the Penal Code. 484. Imprisonment for not less than five years, and not more than twenty years, and whipping, Inciting a child to an act of gross indecency, Imprisonment for five years, and whipping, Imprisonment for seven years, or fine, or both; for a second or subsequent offence imprisonment, and fine, or whipping, Imprisonment for not less than one year and not more than seven years, and fine, Imprisonment for ten years, and fine; for a second or subsequent offence imprisonment, and fine, or whipping, Theft by clerk or servant of property in possession of master or employer, Theft, preparation having been made for causing death or hurt, or restraint, or fear of death, or of hurt or of restraint, in order to the committing of such theft or to retiring after committing it, or to retaining property taken by it, Imprisonment for ten years, and fine, or whipping, Putting or attempting to put in fear of injury, in order to commit extortion, Imprisonment for seven years, and fine, or whipping, Extortion by putting a person in fear of death or grievous hurt, Imprisonment for fourteen years, and fine, or whipping, Putting or attempting to put a person in fear of death or grievous hurt, in order to commit extortion, Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for ten years, Imprisonment for ten years, and fine or whipping; if the offence threatened be an unnatural offence, imprisonment for twenty years, Putting a person in fear of accusation of offence punishable with death, imprisonment for life, or with imprisonment for ten years, in order to commit extortion, If committed on the highway between sunset and sunrise, Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in the robbery, Death, imprisonment for thirty years, and whipping, Robbery when armed or with attempt to cause death or grievous hurt, Whipping in addition to the punishment under any other section, Making preparation to commit gang robbery, Belonging to a gang of persons associated for the purpose of habitually committing gang robbery, Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts, Being one of five or more persons assembled for the purpose of committing gang robbery, Dishonest misappropriation of movable property, or converting it to one's own use, Imprisonment for not less than six months and not more than five years, and whipping and fine, Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it, If by clerk or person employed by deceased, Imprisonment for not less than one year and not more than ten years, and whipping, and fine, Imprisonment for ten years, and with whipping, and fine. If the appellant is in prison he or she may present any document relating to his or her appeal to the officer in charge of the prison who shall then forward the document to the registrar, and for the purpose of section 28 on the date of the presentation, any such document shall be deemed to have been lodged with the registrar.31. (4) The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section. Chapter I. 2. (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 proceedings under this Code; (c) the improper admission or rejection of any evidence. (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) Any information obtained under subsection (1) shall be admissible in evidence notwithstanding any other provisions in any written law to the contrary. (1) The officer conducting the prosecution shall open his case by stating shortly the nature of the offence charged and the evidence by which he proposes to prove the guilt of the accused. (4) The rights and powers vested in or exercisable by the Public Prosecutor by subsections (3) and 68(2) shall be exercisable by the Public Prosecutor personally. Information of design to commit offences Magistrate that a dispute likely to induce a breach of the peace existed between . (2) If the offence is an offence punishable under section228 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. When a case is decided on appeal by the appellate court, it shall thereupon make such orders as are conformable to the judgment or order and shall if necessary cause the record of the lower court to be amended in accordance with that judgment or order.40. Criminal Procedure Code LL.B PART-III ANNUAL 2019 Paper II. First--That you, on or about the .. day of .., at .., knowing a coin to be counterfeit, delivered the same to another person, by name A B, as genuine, and thereby committed an offence punishable under section 241 of the Penal Code. Whereas complaint has been made before me that of has committed [or is suspected to have committed] the offence of punishable under section . (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 commission of the offence with which he is charged, together with the names and addresses of any witnesses whom he intends to call for the purpose of establishing his alibi. On any appeal brought under this section the Court of Appeal may, notwithstanding that it may be of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has occurred. 75 C44 - 3 [Issue 1] Section 161 (1) of Criminal Procedure Code which deals with 'examination of witnesses by police' and states that "Any police officer making an investigation under this chapter, or. Whereas on the day of .. 20, you became surety by a bond for .. of .. that he would be of good behaviour for the period of .., and bound yourself in default thereof to forfeit the sum of .. ringgit to the Yang di-Pertuan Agong, and whereas the said .. has been convicted of the offence of .. committed since you became such surety, whereby your security bond has become forfeited: You are hereby required to pay the said penalty of .. ringgit, or to show cause within .. days why it should not be paid. (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. A and B may be separately charged with and convicted of offences under sections 411 and 414 of the Penal Code. Form of summons or warrant 72. 169. 418. (4)If there is no sufficient reason to believe that he or she has committed any offence, he or she shall be released at once.17. [WBJS 1997], Q9)Trial of an offence is held in the wrong district. (2) The intimate search may only be conducted in the following circumstances: (b) the officer has a reasonable suspicion, whether or not the pat down search or strip search is conducted, that the person arrested is concealing a weapon, object, evidence or contraband in his body orifices. (c) upon application made by the Public Prosecutor or the person charged. Where the appellant is represented by an advocate or the appeal is preferred by the Director of Public Prosecutions, the grounds of appeal shall include particulars of the matters of law or of fact in regard to which the court appealed from is alleged to have erred. (3)Except where a judgment or order has been copied for the purpose of section 28(3), no part of the proceedings of the court in respect of which an appeal has been preferred shall be copied unless the appellate court makes a direction to that effect after perusing the record in accordance with subsection (1). (2) If the property is without such limits the order shall authorize its attachment and sale when indorsed by a Magistrate within the local limits of whose jurisdiction the property to be attached is found. Whereas on the day of .. 20, you entered into a bond not to commit, etc. situate at . A is charged with theft. (b) A is charged under section 325 of the Code with causing grievous hurt. The Criminal Procedure Code is the main legislation on the procedure for the administration of substantive criminal law in India. 14 of 1952). (1)Whenever a person is arrested(a)by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or(b)without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail,the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he or she makes over the person arrested, may search that person and place in safe custody all articles, other than necessary wearing apparel, found upon him or her. Whenever a charge is altered or added by the Court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine, with reference to the alteration or addition, any witness who may have been examined, and may also call any further evidence which may be material. Saving pending proceedings 4. The Code of Criminal Procedure commonly called Criminal Procedure Code ( CrPC) is the main legislation on procedure for administration of substantive criminal law in India. 5. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years. (3) If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any officer subordinate to him to make the search, and he shall deliver to the subordinate officer an order in writing specifying the document or other thing for which search is to be made and the place to be searched, and the subordinate officer may then search for the thing in that place. (6) So much of any statement as is admitted in evidence by virtue of this section shall, unless the Court otherwise directs, be read aloud at the trial and where the Court so directs an account shall be given orally of so much of any statement as is not read aloud. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts unless the case comes within section. 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. Questions, comments, or suggestions relating to that installment of the project may be directed to Ms. Connaughton at P.O. Box 12128, Austin, Texas 78711, at telephone number (512)463‐1151, or by email at Jessica.Connaughton@tlc.texas.gov. 272H. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour. (2)If there is reason to believe that the person arrested comes under section 10 of this Code, a police officer shall rearrest the person. [Pending proceedings] Whereas a warrant has been duly issued to compel the attendance of of to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to the satisfaction of the Court that he has absconded [or is concealing himself to avoid the service of the said warrant]; and thereupon a Proclamation was duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein, and he has failed to appear: This is to authorize and require you to attach by seizure the movable property belonging to the said to the value of ringgit which you may find within the State and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an indorsement certifying the manner of its execution. , Criminal Procedure Code | part 1 - MyLawyer < /a > Code of Criminal Procedure 2nd July 1979! 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