Criminal Procedure Code

What this law covers

The Criminal Procedure Code (Kanun Tatacara Jenayah), Act 593, is the rulebook for criminal cases in Malaysia's civil courts. It covers:

• the powers of police and other enforcement officers to arrest, search, seize and investigate;
• the rights of people who are arrested;
• remand, bail and the charge;
• trial procedure in the Magistrates', Sessions and High Courts;
• plea bargaining, sentencing options and costs;
• appeals and revision; and
• special matters such as inquiries into deaths and protection orders.

It does not define most offences; those are in the Penal Code and other Acts. Some Acts, such as security, drugs and anti-corruption laws, contain their own special procedures, which apply instead of the CPC where they say so. Syariah criminal cases follow separate State procedure laws (see Syariah Criminal Procedure (Federal Territories) Act 1997).

This page explains the Act itself. For a step-by-step guide to what happens in a case, see The criminal process. For what to do if you or a family member is arrested, see Your rights when arrested.

How the Code is organised

• Courts and jurisdiction: the courts' criminal jurisdiction is mostly set out in the Courts of Judicature Act 1964 and the Subordinate Courts Act 1948 (see Courts Acts); the CPC sets out the procedure.
• Arrest, escape and retaking (ss 15 to 33): how arrests are made, searches of arrested persons, arrest without warrant, arrest by private persons, the 24-hour rule and the s 28A rights.
• Processes to compel appearance (summons, warrants, proclamations) and to produce documents and property.
• Information to the police and investigation (up to s 117): first information reports, police powers to examine witnesses and record statements (s 112), and remand (s 117).
• Charges and trial: framing charges, summary trials in the subordinate courts, trials in the High Court, and plea bargaining (ss 172C to 172E).
• Judgment, sentence and execution.
• Appeals and revision from subordinate courts to the High Court.
• Bail (from s 387 onwards) and miscellaneous provisions.
• Schedules: the First Schedule lists each Penal Code offence with whether it is seizable, bailable, and which court can try it; the Fourth Schedule regulates body searches.

Arrest and the rights of arrested persons

Seizable and non-seizable offences. For a seizable offence (kesalahan boleh tangkap) a police officer may arrest without a warrant. For non-seizable offences a warrant from a magistrate is normally needed. The classification for Penal Code offences is in the First Schedule. Police powers to arrest without a warrant are in s 23.

Arrest by a private person (s 27). A private person may arrest someone who commits a non-bailable and seizable offence in their view, and must hand that person over to the police without unnecessary delay.

Restraint and search. An arrested person must not be restrained more than necessary, and a woman may only be searched by another woman with strict regard to decency (s 19). Body searches must follow the Fourth Schedule (s 20A).

The 24-hour rule (s 28). A person arrested without a warrant must be taken before a magistrate without unnecessary delay. They cannot be held longer than reasonable, and in any case not more than 24 hours (excluding travel time), without a magistrate's order. This puts Article 5(4) of the Federal Constitution into practice.

Section 28A rights. Added in 2006, s 28A requires the officer to inform the arrested person of the grounds of arrest. The person may communicate with a relative or friend about their whereabouts, and may consult a lawyer of their choice, with the consultation in the sight but out of the hearing of police. Questioning should generally wait a reasonable time for the lawyer to arrive. These rights may be delayed only on specified grounds (such as risk to evidence or other people's safety) by an officer of the rank of Deputy Superintendent or above, with reasons recorded.

Statements (s 112). Police may examine anyone acquainted with the facts. A person must answer truthfully but may refuse to answer questions that would expose them to a criminal charge, penalty or forfeiture.

Remand, police bail and court bail

Remand (s 117). If the investigation cannot be finished within 24 hours, the police must bring the suspect before a magistrate and apply for remand (reman). The magistrate may authorise detention:

• for offences punishable with less than 14 years: up to 4 days on the first application and up to 3 more days, a maximum of 7 days;
• for offences punishable with death or 14 years or more: up to 7 days and up to 7 more days, a maximum of 14 days.

These are maximums, and the magistrate must be satisfied that detention is necessary. A 2021 Chief Justice directive requires a reasonable opportunity for the suspect to be represented at remand hearings. Special laws (for example security and anti-drug laws) allow longer detention.

Bail (jaminan). A suspect may be released on police bail while the investigation continues. Once charged:

• for bailable offences, bail is a right, though the court sets the amount and conditions (s 387);
• for non-bailable offences, bail is at the court's discretion (s 388). It is generally refused where there are reasonable grounds to believe the person is guilty of an offence punishable with death or life imprisonment, but may still be granted to a person under 16, a woman, or a sick or infirm person.

Charge, trial and plea bargaining

The Public Prosecutor. The Attorney General, as Public Prosecutor (Pendakwa Raya), controls and directs all criminal prosecutions (Federal Constitution, Art 145(3)). At any stage before judgment, the Public Prosecutor may decline to proceed with a charge. The accused is then discharged, but under s 254 the discharge does not amount to an acquittal unless the court directs otherwise. This is commonly called a DNAA (discharge not amounting to acquittal), and the person can be charged again later on the same facts.

Plea. When the charge is read, the accused may plead guilty or claim trial. Before accepting a guilty plea the court must be satisfied the accused understands the nature and consequences of the plea.

Trial. The prosecution calls its evidence first. At the end of the prosecution case, the court decides whether a prima facie case has been made out. If not, the accused is acquitted. If so, the accused is called to enter the defence and may give sworn evidence, make an unsworn statement from the dock, or remain silent. At the end, the prosecution must have proved the case beyond reasonable doubt.

Plea bargaining (ss 172C to 172E). Added in 2010, this allows an accused to apply, in a set form, to the court where the case is to be tried. The judge checks in private that the application is voluntary. The parties may agree on a plea to a lesser charge or on the sentence. Under s 172D, where the agreement is about sentence, the court generally cannot impose more than half the maximum punishment, and cannot go below a minimum sentence fixed by law. Some serious offences are excluded. After a plea bargain, appeal is limited to the extent and legality of the sentence.

Sentencing, appeals and recent amendments

Sentencing options include fines, imprisonment, whipping (not for women, men over 50 or those sentenced to death), release on a bond of good behaviour, and community service in some cases. The court hears mitigation before sentence.

Appeals. Both the accused and the Public Prosecutor can appeal against conviction, acquittal or sentence.

• From the Magistrates' or Sessions Court to the High Court, under the appeal provisions of the CPC. Notice of appeal is normally due within 14 days of the decision.
• From the High Court to the Court of Appeal: notice within 14 days (Courts of Judicature Act 1964, ss 50 and 51). For cases that started in a Magistrates' Court, a further appeal needs leave and is limited to questions of law (CJA s 50(2)).
• From the Court of Appeal to the Federal Court only for cases that began in the High Court (CJA s 87).

The High Court also has a power of revision to correct errors in subordinate court proceedings. See Appeals.

Recent amendments include: the 2023 amendments that accompanied the anti-stalking law, allowing protection orders for victims; the 2023 amendments accompanying the decriminalisation of attempted suicide (in force 10 September 2025); and the 2024 amendments allowing police to act quickly against suspicious bank transactions linked to scams.

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Key sections

Worked examples

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

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Sources

• Laws of Malaysia portal: Criminal Procedure Code (Act 593)
• Criminal Procedure Code (Act 593), table of contents (via Low & Partners)
• Criminal Procedure Code (Amendment) Act 2010: plea bargaining ss 172C-172E (Bill text, ICJ)
• Malay Mail: Hafiz Hassan on s 254 CPC (2023)
• Malay Mail (2021): Chief Justice directive on remand proceedings
• Mondaq: Rights of an arrested person in Malaysia (s 28A, s 117)
• Courts of Judicature Act 1964, ss 50, 51, 87 (text via Low & Partners)
• The Vibes (2025): suicide decriminalisation amendments (incl. CPC) in effect

Related

The criminal process: from police report to verdictYour rights when arrestedPenal CodeEvidence Act 1950Courts of Judicature Act 1964 and Subordinate Courts Act 1948Courts and their powersAppealsGetting legal help