Akta Mahkamah Kehakiman 1964; Akta Mahkamah Rendah 1948
Applies to: Federal (whole of Malaysia) · Official text ↗
- The Courts of Judicature Act 1964 (CJA) covers the superior courts: the two High Courts, the Court of Appeal and the Federal Court. The Subordinate Courts Act 1948 (SCA) covers Sessions Courts and Magistrates' Courts.
- Civil money limits: First Class Magistrate up to RM100,000; Sessions Court up to RM1,000,000 (unlimited for motor accidents, landlord and tenant, and distress); High Court has no limit.
- Criminal limits: Sessions Court tries all offences except those punishable with death; a First Class Magistrate can pass up to 5 years, RM10,000 fine and 12 strokes.
- A civil appeal from a subordinate court to the High Court on a claim of RM10,000 or less is allowed only on a question of law, except maintenance cases (CJA s 28).
- A civil appeal to the Court of Appeal on a claim below RM250,000 needs leave (CJA s 68(1)(a)). An appeal to the Federal Court in civil cases always needs leave (CJA s 96).
- Appeal deadlines are short: generally 14 days for appeals from subordinate courts and for criminal appeals to the Court of Appeal, and 30 days for civil appeals to the Court of Appeal.
What these laws cover
Article 121 of the Federal Constitution creates the courts, but their detailed powers come from two Acts:
- The Courts of Judicature Act 1964 (Akta Mahkamah Kehakiman 1964), Act 91, for the superior courts (mahkamah atasan): the High Court in Malaya, the High Court in Sabah and Sarawak, the Court of Appeal (Mahkamah Rayuan) and the Federal Court (Mahkamah Persekutuan). It sets their jurisdiction, their powers, and the conditions for appeals.
- The Subordinate Courts Act 1948 (Akta Mahkamah Rendah 1948), Act 92, for the subordinate courts (mahkamah rendah): Sessions Courts and Magistrates' Courts. It sets their civil money limits and the offences and sentences they can deal with.
Procedure is set by rules made under these Acts, especially the Rules of Court 2012 for civil cases, the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995, and by the Criminal Procedure Code for criminal cases. For an overview of the court system, see The courts.
The High Court (CJA Part II)
- Criminal jurisdiction (s 22): the High Court can try all offences committed within its local jurisdiction, plus certain offences committed on Malaysian ships and aircraft or abroad. It can pass any sentence allowed by law. In practice, offences punishable with death are tried in the High Court.
- Civil jurisdiction (s 23): the High Court can try all civil proceedings where the cause of action arose, the defendant lives or does business, the facts occurred, or disputed land is situated within its local jurisdiction. There is no upper money limit.
- Specific jurisdiction (s 24): includes divorce and matrimonial causes under civil law, admiralty, bankruptcy and companies, guardianship of children and of persons of unsound mind, and probate and letters of administration.
- Powers (s 25 and Schedule): include granting injunctions, appointing receivers, and issuing prerogative orders such as habeas corpus, mandamus, prohibition and certiorari (judicial review).
- Appellate jurisdiction (ss 26 to 28): the High Court hears appeals from the Sessions and Magistrates' Courts. Civil appeals are by way of re-hearing (s 29).
- Revision (s 31 onwards): the High Court can call for and examine the record of subordinate court proceedings to correct errors.
A subordinate court may also refer a constitutional question to the High Court (s 30).
The Court of Appeal and Federal Court (CJA Parts III and IV)
Court of Appeal, criminal (s 50). It hears appeals from High Court decisions in cases the High Court tried itself, and in appeals from Sessions Court cases. For cases that started in a Magistrates' Court, a further appeal needs the leave of the Court of Appeal, is limited to questions of law that affected the outcome, and leave must be applied for within 14 days (s 50(2) and (2A)). Notice of appeal must be filed within 14 days of the decision (s 51).
Court of Appeal, civil (ss 67 and 68). It hears appeals from any High Court judgment or order, subject to s 68. Under s 68(1), no appeal lies without leave where:
- the amount or value of the subject matter (excluding interest) is less than RM250,000;
- the judgment or order relates to costs only.
No appeal lies at all where the order was made by consent, or where a written law declares the High Court's decision final. A 2022 amendment (gazetted 5 September 2022) also made some interlocutory decisions non-appealable, such as the dismissal of a summary judgment or striking-out application. Civil appeals are by way of re-hearing, and further evidence may be admitted in limited cases (s 69). The notice of appeal must normally be filed within 30 days of the decision under the Court of Appeal rules.
Federal Court. In criminal matters, it hears appeals from Court of Appeal decisions only in cases that started in the High Court (s 87). In civil matters, an appeal lies only with the leave of the Federal Court (s 96), where the case began in the High Court and involves:
- a question of general principle decided for the first time, or a question of importance on which a Federal Court decision would be to public advantage; or
- a question about the effect of a provision of the Constitution.
A leave application must be made within one month of the Court of Appeal's decision (s 97). The Federal Court also has original jurisdiction over certain constitutional matters and disputes between States or between a State and the Federation (Federal Constitution, Art 128).
The Sessions and Magistrates' Courts (SCA)
| Court | Civil limit | Criminal jurisdiction | SCA |
|---|---|---|---|
| Sessions Court | Up to RM1,000,000; unlimited for motor vehicle accident claims, landlord and tenant, and distress; includes specific performance, rescission, cancellation and rectification within its limit. Parties may agree in writing to a higher amount (s 65(3)). | All offences except those punishable with death (s 63). May pass any sentence allowed by law except death (s 64). | ss 59 to 65 |
| First Class Magistrate | Up to RM100,000 (s 90) | Offences with a maximum prison term of up to 10 years or fine only, plus robbery and house-breaking under Penal Code ss 392 and 457 (s 85). Sentences up to 5 years, RM10,000 fine, 12 strokes, or a combination (s 87). | ss 85 to 90 |
| Second Class Magistrate | Debts or fixed money claims up to RM10,000 (s 92) | Offences with a maximum prison term of up to 12 months or fine only (s 88). Sentences up to 6 months, RM1,000 fine, or both (s 89). | ss 88 to 92 |
These limits have applied since the Subordinate Courts (Amendment) Act 2010 (Act A1382). The same Act abolished the old Penghulu's Courts. Small claims of up to RM5,000 by individuals are heard in the Magistrates' Court without lawyers under Order 93 of the Rules of Court 2012; see Small claims.
A specific law can give a subordinate court extra powers, and the prosecution may choose to charge a case in a higher court so that a heavier sentence is available.
Appealing from a subordinate court
- Civil appeals to the High Court (CJA s 28): no appeal lies where the amount in dispute or value of the subject matter is RM10,000 or less, except on a question of law. Appeals on maintenance of wives or children are allowed whatever the amount. Notice of appeal is due within 14 days of the decision.
- Criminal appeals to the High Court follow the Criminal Procedure Code, generally with notice within 14 days. A further appeal goes to the Court of Appeal (with leave, on law only, for Magistrates' Court cases), and ends there.
- Small claims: special rules under Order 93 of the Rules of Court 2012 apply; see Small claims.
Because deadlines are short and some appeals need leave, get advice as soon as the decision is given. See Appeals.
Laws cited on this page
| Act 91 | Courts of Judicature Act 1964 · Akta Mahkamah Kehakiman 1964 | Official text |
| Act 92 | Subordinate Courts Act 1948 · Akta Mahkamah Rendah 1948 | Official text |
| Act 574 | Penal Code · Kanun Keseksaan | Official text |
| Act 593 | Criminal Procedure Code · Kanun Tatacara Jenayah | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| CJA s 22 | High Court criminal jurisdiction; may pass any sentence allowed by law. |
| CJA s 23 | High Court general civil jurisdiction; no monetary limit. |
| CJA s 24 | Specific High Court jurisdiction: divorce, admiralty, bankruptcy, companies, guardianship, probate. |
| CJA s 28 | No civil appeal from a subordinate court if RM10,000 or less, except on a question of law; maintenance appeals always allowed. |
| CJA s 50 | Court of Appeal criminal jurisdiction; leave and law-only limit for Magistrates' Court cases. |
| CJA s 51 | Criminal notice of appeal to the Court of Appeal within 14 days. |
| CJA s 68 | Civil appeals needing leave (under RM250,000, costs only) or barred (consent orders, finality provisions). |
| CJA s 87 | Federal Court criminal appeals only for cases that began in the High Court. |
| CJA ss 96 and 97 | Civil appeals to the Federal Court only with leave, applied for within one month. |
| SCA ss 63 and 64 | Sessions Court tries all offences except capital ones; any sentence except death. |
| SCA s 65 | Sessions Court civil limit RM1 million; unlimited for motor accidents, landlord and tenant, distress. |
| SCA ss 85 and 87 | First Class Magistrate criminal jurisdiction and sentencing limits (5 years, RM10,000, 12 strokes). |
| SCA s 90 | First Class Magistrate civil limit RM100,000. |
| SCA ss 88, 89, 92 | Second Class Magistrate: minor offences, sentences up to 6 months or RM1,000; debts up to RM10,000. |
Worked examples
Facts. Mr Tan's company is owed RM300,000 for goods delivered to a customer in Penang.
The law. The claim is above the First Class Magistrate's RM100,000 limit (SCA s 90) and within the Sessions Court's RM1 million limit (SCA s 65(1)(b)).
Outcome. He should file in the Sessions Court where the cause of action arose or where the defendant is. If he loses, an appeal goes to the High Court, and any further appeal to the Court of Appeal would need leave if the value is below RM250,000 (CJA s 68).
Facts. Aminah loses a RM8,000 claim in the Magistrates' Court because the magistrate did not believe her witness.
The law. Under CJA s 28, no appeal lies to the High Court where the amount is RM10,000 or less except on a question of law. Whether a witness is believed is a question of fact.
Outcome. She probably cannot appeal on that ground. If she believes the magistrate applied the wrong law, she should get advice quickly, because notice of appeal is due within 14 days.
Facts. Ravi is seriously injured in a road accident and his claim is worth about RM1.5 million.
The law. The Sessions Court has unlimited jurisdiction in motor vehicle accident claims (SCA s 65(1)(a)).
Outcome. His lawyer can file in the Sessions Court despite the amount. An appeal would go to the High Court.
Facts. Siti lost in the High Court and in the Court of Appeal in a civil dispute about how a new statute applies to land. She wants to go to the Federal Court.
The law. Under CJA s 96, a civil appeal to the Federal Court needs the Federal Court's leave, and is only granted for a question of general principle decided for the first time, a question of public importance, or a constitutional question. The application must be filed within one month (s 97).
Outcome. Her lawyer must frame a proper question of law and apply for leave within the month. Most leave applications are refused, so the Court of Appeal's decision is often final.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
How do I know which court to file my claim in?
Mostly by amount. Up to RM100,000 in the Magistrates' Court (SCA s 90), up to RM1 million in the Sessions Court (SCA s 65), and above that in the High Court. The Sessions Court has no limit for motor accidents, landlord and tenant, and distress. Some matters, such as civil divorce, probate, bankruptcy and judicial review, go to the High Court whatever the amount (CJA ss 24 and 25).
Can I always appeal a decision I disagree with?
Not always. Small civil claims of RM10,000 or less from a subordinate court can only be appealed on a question of law (CJA s 28). Civil appeals to the Court of Appeal below RM250,000 need leave (CJA s 68), and civil appeals to the Federal Court always need leave (CJA s 96).
How long do I have to appeal?
Usually 14 days from the decision for appeals from the Magistrates' or Sessions Court to the High Court, and for criminal appeals to the Court of Appeal (CJA s 51). Civil appeals from the High Court to the Court of Appeal generally have 30 days. Applications for leave to the Federal Court must be made within one month (CJA s 97).
What is the maximum sentence a magistrate can give?
A First Class Magistrate can generally pass up to 5 years' imprisonment, a fine of RM10,000 and up to 12 strokes, or a combination (SCA s 87), unless a specific law gives more power. A Second Class Magistrate is limited to 6 months, RM1,000, or both (SCA s 89).
Which court tries murder cases?
The High Court. The Sessions Court cannot try offences punishable with death (SCA s 63), and murder under s 302 of the Penal Code still carries death as one possible sentence.
Can the Sessions Court hear a claim above RM1 million?
Yes, in motor vehicle accident, landlord and tenant, and distress cases (SCA s 65(1)(a)), and in other cases if all parties agree in writing (SCA s 65(3)).
All questions & answers → · Ask your own →
Sources
- Courts of Judicature Act 1964 (Act 91), text to May 2013 (via Low & Partners)
- Subordinate Courts Act 1948 (Act 92), text to May 2013 (via Low & Partners)
- Low & Partners: Right of appeal in civil matters (ss 28, 68, 96; 2022 amendment; appeal periods)
- Judiciary of Malaysia: Procedures in civil cases
- LH-AG: Leave of court required for post-winding-up matters below RM250,000 (s 68(1)(a))
- Laws of Malaysia portal (Attorney General's Chambers)
Related
Courts and their powersAppealsHow a civil case runsSmall claims (RM5,000 and below)Criminal Procedure CodeFederal ConstitutionEnforcing a judgmentTribunals and alternatives to court