Syariah Criminal Procedure Ordinance, 2001 (Cap. 45)

Ordinan Tatacara Jenayah Syariah, 2001

Copy of the official text captured from State Attorney-General's Chambers Sarawak (LawNet Sarawak) (lawnet.sarawak.gov.my) on 27 October 2026. Always check the official portal for the authoritative current version.

Number	Cap. 45
Type	State enactment
Applies to	Sarawak
Year	2001
Published by	State Attorney-General's Chambers Sarawak (LawNet Sarawak)

Contents — Parts and sections

231 sections in 8 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 27 October 2026). Read the full wording in the PDF.

Definitions: section 2 (Interpretation).

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Part I PRELIMINARY (3)

s 1 Short title and commencement
s 2 Interpretation
s 3 Trial of offences by the Court

Part II GENERAL PROVISIONS AS TO CRIMINAL COURT (4)

s 4 Courts
s 5 Courts to be open
s 6 Exclusion of public in certain cases
s 7 Criminal jurisdiction of Judge

Part III OTHER GENERAL PROVISIONS (46)

Chapter 1 OF INFORMATION TO JUDGE AND RELIGIOUS ENFORCEMENT OFFICER
- s 8 Public, when to assist Judge, etc.
- s 9 Public to give information of certain matters
- 2 CAP. 45
Chapter 2 OF ARREST, ESCAPE AND RE-ARREST
- s 10 Arrest: how made
- s 11 Search of place entered by person sought to be arrested
- s 12 Search of persons in place searched under warrant
- s 13 Power to break open any place for purposes of liberation
- s 14 No unnecessary restraint and mode of searching a person
- s 15 Search of persons arrested
- s 16 Power to seize offensive weapons
- s 17 Search of persons for name and address
- s 18 Arrest without warrant
- s 19 Refusal to give name and residence
- s 20 Persons arrested by pegawai masjid: how to be dealt with
- s 21 Pursuit of offenders
- s 22 How person arrested is to be dealt with and detention for more than twenty- four hours
- s 23 Release of person arrested
- s 24 Offence committed in the presence of a Judge
- s 25 Arrest by or in the presence of a Judge
- s 26 Power to pursue and re-arrest
- s 27 Sections 11 and 13 to apply to arrest under section 26
Chapter 3 OF PROCESSES TO COMPEL APPEARANCE
- Summons
- s 28 Form of summons and service
- s 29 Summons: how served
- s 30 Procedure when personal service cannot be effected
- s 31 Proof of service
- SYARIAH CRIMINAL PROCEDURE 3
- Warrant of Arrest
- s 32 Form of warrant of arrest
- s 33 Court may direct by indorsement on warrant security to be taken
- s 34 Warrants: to whom directed
- s 35 Notification of substance of warrant
- s 36 Person arrested to be brought before the Court without delay
- s 37 Procedure on arrest of person against whom warrant is issued
- Other Rules regarding Summonses to Appear and Warrants of Arrest
- s 38 Issue of warrant in lieu of or in addition to summons
- s 39 Summonses to appear and warrants of arrest may be executed in any part of Malaysia
- s 40 Power to take bond for appearance
- s 41 Arrest on breach of bond for appearance
Chapter 4 OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS AND OTHER MOVABLE PROPERTY AND FOR THE DISCOVERY OF PERSONS WRONGFULLY CONFINED
- s 42 Summons to produce document or other things
- s 43 Sections 28 to 31 to apply
- Search Warrants
- s 44 When search warrant may be issued
- s 45 Power to restrict search warrant
- s 46 Judge may issue warrant authorizing search for evidence of offence
- s 47 Form of search warrant
- s 48 Search for persons wrongfully confined
- s 49 Persons in charge of closed places to allow search
- 4 CAP. 45
- s 50 Judge issuing search warrant may attend at its execution
- s 51 Judge may direct search in his presence
- s 52 List of all things seized to be made and signed
- s 53 Occupant to be present at search

Part IV INFORMATION TO THE RELIGIOUS ENFORCEMENT OFFICERS AND THEIR POWERS TO INVESTIGATE (13)

s 54 Information
s 55 Procedure
s 56 Admission of certified copy of information as evidence
s 57 Procedure where seizable offence suspected
s 58 Power to require attendance of witnesses
s 59 Examination of witnesses by Religious Enforcement Officer
s 60 Statements to Religious Enforcement Officer not to be admitted in evidence
s 61 No inducement to be offerred
s 62 Power to record statements and confessions
s 63 Search by Religious Enforcement Officer
s 64 Religious Enforcement Officer may require bond for appearance of complainant and witnesses
s 65 Diary of proceedings in investigation
s 66 Report of Religious Enforcement Officer

Part V PROCEEDINGS IN PROSECUTIONS (69)

Chapter 1 OF THE JURISDICTION OF COURTS IN TRIALS
- s 67 Ordinary place of trial
- s 68 Accused triable in place where act is done or where consequence ensues
- SYARIAH CRIMINAL PROCEDURE 5
- s 69 Place of trial where act is an offence by reason of relation to other offence
- s 70 Where scene of offence is uncertain
- s 71 When doubt arises, Chief Syariah Judge to decide
- Conditions Requisite for Initiation of Proceedings
- s 72 Cognizance of offences by Judge
- s 73 Sanction to prosecute from Chief Syariah Prosecutor
Chapter 2 OF COMPLAINTS TO JUDGE
- s 74 Examination of complainant
- s 75 Postponement of issue of process
- s 76 Dismissal of complaint
- s 77 Issue of process
Chapter 3 OF THE CHARGE
- s 78 Form of charge
- s 79 Particulars as to time, place and person
- s 80 When manner of committing offence must be stated
- s 81 Sense of words used in charge to describe offence
- s 82 Effect of error
- s 83 Court may amend or add to charge
- s 84 When trial may proceed immediately after amendment or addition
- s 85 When new trial may be directed or trial adjourned
- s 86 Stay of proceedings if prosecution of offence in amended charge requires previous sanction
- s 87 Recall of witnesses when charge amended or added
- s 88 Separate charges for distinct offences
- s 89 Three offences of same kind within twelve months may be charged together
- 6 CAP. 45
- s 90 Trial for more than one offence
- s 91 Where it is doubtful what offence has been committed
- s 92 When a person charged with one offence can be convicted of another
- s 93 Person charged with an offence can be convicted of the attempt
- s 94 When offence proved is included in offence charged
- s 95 When persons may be charged jointly
Chapter 4 OF TRIALS
- s 96 Procedure in trials
- s 97 Power to discharge conditionally or unconditionally
- s 98 Addresses
- s 99 Power to award compensation
- s 100 Particulars to be recorded
- s 101 Transfer of cases
Chapter 5 GENERAL PROVISIONS AS TO TRIALS
- s 102 Procedure where there are previous convictions
- s 103 Prosecutor may decline to prosecute further at any stage
- s 104 Right of accused to be defended
- s 105 Court may put questions to accused
- s 106 Case for prosecution to be explained by Court to undefended accused
- s 107 Power to postpone or adjourn proceedings
- s 108 Change of Judge during hearing
- s 109 Detention of offenders attending in Court
- s 110 Weekly or public holiday
- SYARIAH CRIMINAL PROCEDURE 7
Chapter 6 OF THE MODE OF TAKING AND RECORDING EVIDENCE IN TRIALS
- s 111 Evidence to be taken in the presence of the accused
- s 112 Recording of evidence
- s 113 Record in all cases
- s 114 Mode of recording evidence
- s 115 Interpretation of evidence to accused
- s 116 Remarks as to demeanour of witness
- s 117 Other persons may be authorized to take down notes of evidence
Chapter 7 OF THE JUDGMENT
- s 118 Mode of delivering judgment
- s 119 Judgment to be explained to accused and copy supplied
- s 120 Judgment to be filed with record
Chapter 8 OF SENTENCES AND THE CARRYING OUT THEREOF
- s 121 Provisions as to execution of sentences of imprisonment
- s 122 Provisions as to sentences of fine
- s 123 Suspension of execution in certain cases
- s 124 Warrant: by whom issuable
- s 125 Sentence of whipping
- s 126 Time of executing sentence of whipping
- s 127 Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
- s 128 Youthful offenders
- s 129 First offenders
- s 130 Conditions of bonds
- s 131 Return of warrant
Chapter 9 OF SUSPENSIONS, REMISSIONS AND COMMUTATIONS OF SENTENCES
- s 132 Power to suspend or remit sentences
- s 133 Power to commute punishment
Chapter 10 OF PREVIOUS ACQUITTALS OR CONVICTIONS
- s 134 Person once convicted or acquitted not to be tried again for same offence
- s 135 Plea of previous acquittal or conviction

Part VI OF APPEAL AND REVISION (44)

Chapter 1 OF APPEALS TO THE SYARIAH HIGH COURT
- s 136 When plea of guilty limits right of appeal
- s 137 Appeal against acquittal
- s 138 Procedure for appeal
- s 139 Transmission of appeal record
- s 140 Appeal specially allowed in certain cases
- s 141 Stay of execution pending appeal
- s 142 Setting down appeals on list
- s 143 Procedure at hearing
- s 144 Non-appearance of respondent
- s 145 Arrest of respondent in certain cases
- s 146 Decision on appeal
- s 147 Order to take further evidence
- s 148 Judgment
- s 149 Certificate and consequence of judgment
- s 150 Death of parties to appeal
- s 151 Costs
- SYARIAH CRIMINAL PROCEDURE 9
Chapter 2 OF APPEALS TO THE SYARIAH APPEAL COURT
- s 152 Jurisdiction of the Syariah Appeal Court
- s 153 Notice of appeal
- s 154 Records of proceedings
- s 155 Petition of appeal
- s 156 Procedure where appellant in prison
- s 157 Transmission of records to Syariah Appeal Court
- s 158 Appeals out of time and formal defects
- s 159 On appeal against acquittal, accused may be arrested
- s 160 Appeal not to operate as stay of execution
- s 161 Notice of time and place of hearing
- s 162 Powers of Syariah Appeal Court
- s 163 Additional evidence
- s 164 Judgment
- s 165 Judgment or order to be certified to trial Court
- s 166 Point reserved on trial for Syariah Appeal Court
- s 167 References to Syariah Appeal Court on appeal from a Syariah Subordinate
- Court
Chapter 3 OF REVISION
- s 168 Power to revise
- s 169 Power to order further inquiry
- s 170 Power on revision
- s 171 Hearing of parties on revision
- s 172 Orders on revision
Chapter 4 OF PROCEEDINGS IN CASES OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
- s 173 Procedure as to offences in Court
- s 174 Record of facts constituting the offence
- s 175 Alternative procedure
- s 176 Power to remit punishment
- s 177 Refusal to give evidence
- s 178 Appeal
- s 179 Judge not to try certain offences committed before himself

Part VII SUPPLEMENTARY PROVISIONS (28)

Chapter 1 PERSONS OF UNSOUND MIND
- s 180 Procedure where accused is suspected to be of unsound mind
Chapter 2 OF PROSECUTION
- s 181 Chief Syariah Prosecutor
- s 182 Chief Syariah Prosecutor to appear personally
- s 183 Prosecution
- s 184 Employment of Peguam Syarie
Chapter 3 OF BAIL
- s 185 When person may be released on bail
- s 186 Amount of bond
- s 187 Bond to be executed
- s 188 When person to be released
- s 189 When warrant of arrest to be issued against person bailed
- SYARIAH CRIMINAL PROCEDURE 11
- s 190 Sureties may apply to have bond discharged
- s 191 Appeal
Chapter 4 SPECIAL PROVISIONS RELATING TO EVIDENCE
- s 192 Procedure when person able to give material evidence is dangerously ill
- s 193 Where person bound to give evidence intends to leave Malaysia
- s 194 Reports of certain persons
- s 195 How previous conviction or acquittal may be proved
- s 196 Record of evidence in absence of accused
- s 197 Notice to be given of defence of alibi
Chapter 5 PROVISIONS AS TO BONDS
- s 198 Deposit instead of bond
- s 199 Procedure on forfeiture of bond
- s 200 Appeal from orders
Chapter 6 OF THE DISPOSAL OF EXHIBITS AND OF PROPERTY THE SUBJECT OF OFFENCES
- s 201 Court shall consider manner of disposal of exhibits
- s 202 Order for disposal of property regarding which offence committed
Chapter 7 OF THE TRANSFER OF CRIMINAL CASES
- s 203 Power of the Judge of Syariah High Court to transfer cases
- s 204 Application for transfer to be supported by affidavit
Chapter 8 OF IRREGULARITIES IN PROCEEDINGS
- s 205 Proceedings in wrong place, etc.
- s 206 Omission to frame charge
- s 207 Irregularities not to vitiate proceedings

Part VIII GENERAL (24)

s 208 Definition
s 209 Protection of officers
s 210 Contempt of Court
s 211 False information, evidence or admission
s 212 Public officer disobeying a direction of the law with the intent to cause injury to any person
s 213 Omission to produce, etc., a document to a public officer by person legally bound to produce, etc., such document
s 214 Refusing oath when duly required to take oath by a public officer
s 215 Refusing to answer a public officer authorized to question
s 216 Refusing to sign statement
s 217 Intentional insult or interruption to a public officer sitting in any stage of a judicial proceedings
s 218 Sworn affidavit
s 219 Power of Court to summon and examine persons
s 220 Order for payment of compensation
s 221 Provisions as to compensation
s 222 Copies of proceedings
s 223 Person released on bail to give address for service
s 224 Compensation where charge is groundless
s 225 Judge not to act where interested
s 226 Evidence
s 227 Application of fines
s 228 Syariah Court Rules Committee
s 229 Rules
SYARIAH CRIMINAL PROCEDURE 13
s 230 Reference to Islamic Law
s 231 Repeal and transitional

Schedules: SCHEDULE — Chapter 45

Version history

Captured	Language	Official “last updated”	Pages	SHA-256	File
27 October 2026	English	—	117	`244381fd0182`	PDF 1.4 MB

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