ASAS MULAKANKAN SIASATAN OLEH PEGAWAI PENYIASAT PENEROKAAN TANAH KERAJAAN

TUJUAN:

Menerangkan  mengenai tindakan yang sewajarnya diambil ke atas  pelaku salah dari permulaan hingga Kertas Siasatan di buka berdasarkan kepada peruntukan KTN di bawah S. 425 dan S. 426 KTN 1965

BAHAGIAN A KANUN TANAH NEGARA

1. TAFSIRAN

I)"appropriate authority" when used in relation to any consent or approval, means the authority having power under any written law to grant such consent or approval, as the case may be;

2)"building" includes any structure erected on land;

3)"Land Administrator" means a Land Administrator appointed under section 12, and includes an Assistant Land Administrator appointed thereunder; and, in relation to any land, references to the Land Adninistrator shall be construed as references to the Land Administrator, or any Assistant Land Administrator, having jurisdiction in the district or subdistrict in which the land is situated;

4)"to deliver" includes to transmit by hand or post;

5)"foreshore" means all that land lying between the shore line and the low-water mark of ordinary spring tides;

6)land" includes-

(a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein;

(c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;

(d) all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and

(e) land covered by water;

7) "mining land" means any land in respect of which a mining lease or certificate granted or issued under any written law relating to mining is for the time being in force;

8) "planning authority" means any authority having jurisdiction under any law for the time being in force relating to town planning, country planning or both;

9) "proprietor" means any person or body for the time being registered as the proprietor of any alienated land;

10) "register document of title" means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;

11) "reserved land" means land for the time being reserved for a public purpose in accordance with the provisions of section 62 or of any previous land law;

12) "river" means any river, stream, creek or other natural water-course, and any tributary, distributary or artificial deviation thereof;

13) "Settlement Officer" means a Settlement Officer appointed under section 12;

14) "shore line" means the high-water mark of ordinary spring tides; "State" means any State to which this Act applies; "State Authority" means the Ruler or Governor of the State, as the case may be; "State Director" means the State Director of Lands and Mines for the State appointed under section 12, and includes a Deputy Director of Lands and Mines appointed thereunder;

15) "State land" means all land in the State (including so much of the bed of any river, and of the foreshore and bed of the sea, as is within the territories of the State or the limits of territorial waters) other than- (a) alienated land; (b) reserved land; (c) mining land; (d) any land which, under the provisions of any law relating to forests (whether passed before or after the commencement of this Act) is for the time being reserved forest;

16) "Survey and Mapping Department" means the Survey and Mapping Department of the Government of the Federation operative in the States of Malaya; "Survey Officer" means the Director of Survey and Mapping or any Survey Officer appointed under section 12;

17) "survey reference mark" means any beacon, standard traverse mark, road box, electronic distance measurement (EDM) base, state boundary pillar, international boundary pillar, bench mark, geodetic station or other mark used in connection with survey for boundary;

18) "temporary occupation licence" means a licence issued under Chapter 2 of Part Four;

19) "territorial waters" has the meaning assigned to it in sub-section (2) of section 4 of the Emergency (Essential Powers) Ordinance, No. 7/1969;

KUASA

Secara mudah “kuasa” adalah keupayaan seseorang, badan atau agensi untuk melakukan atau bertindak. Setiap orang, badan atau agensi mempunyai kuasanya yang tersendiri, di dalam bidang kuasa dan mengikut had-had kuasa yang ada padanya..

Kerajaan memperoleh kuasa dan bidang kuasa serta had-had kuasa melalui Perlembagaan (Perlembagaan Persekutuan atau Perlembagaan Negeri, mengikut yang berkenaan). 

Rakyat juga boleh menuntut keadilan udang-udang atas percabulan hak-hak yang diberi oleh perlembagaan dan undang-undang kepadanya seperti:

- perlu tahu sebab apa ditangkap

- apa kesalahan yang telah dilakukan

- menghubunggi peguam dan keluarga

- hak beribadah

- hak mendapat rawatan

- hak mendapat kerehatan dll.

Kerajaan itu sendiri pula akan melaksanakan kuasanya melalui “tangan-tangannya”, yakni instrumen kerajaan samaada dalam bentuk jabatan-jabatan kerajaan, badan-badan berkanun, suruhanjaya dan lain-lain lagi. Boleh dikatakan semua kuasa-kuasa kerajaan datangnya atau diperoleh melalui Akta-Akta Parlimen (atau bagi agensi-agensi kerajaan negeri, melalui Enakmen-Enakmen Negeri berkenaan).

KTN adalah akta Perlimen yang menjadi undang-undang negari,  yang memberi kuasa kepada kerajaan negeri untuk menguruskan hal-hal berkaitan tanah dalam sesuatu negeri seperti kuasa bertindak terhadap penerokaan tanah kerajaan, mencuri bahan batuan.

Di bawah KTN, tanah kerajaan, tanah lombong dan tanah rezab adalah dalam kawasan kerajaan negeri dan menjadi kesalahan jika berlaku pencerobohan.

Bahan batuan juga adalah hak kerajaan negeri negeri mengikut KTN dan untuk mengeluarkannya pemerlukan kepada kebenaran atau permit.

12. State Director and other State Officers.

(1) The State Authority may appoint for the State- (a) a State Director of Lands and Mines, a Registrar of Titles and a Director of Survey and Mapping;

(b) so many Deputy Directors of Lands and Mines, Assistant Directors of Lands and Mines, Deputy Registrars of Titles, Deputy Directors of Survey and Mapping, District Land Administrators, Assistant District Land Administrators, Survey Officers, Settlement Officers and other officers as the State Authority may consider necessary for the purpose of this Act.

(2) The State Authority may define the districts, sub-districts and other areas in which any of the officers referred to in paragraph (b) of sub-section (1) may exercise the powers and perform the duties conferred or imposed upon them by or under this Act.

(3) The State Director shall-

(a) be responsible to the State Authority for the due administration within the State of the provisions of this Act;

(b) act in accordance with any direction given to him by the State Authority;

(c) have all the powers conferred upon the Registrar and a Land Administrator by or under this Act;

(d) subject to the direction of the State Authority, exercise general control and supervision over the Registrar, and over all officers (other than Deputy Directors of Survey and Mapping and other Survey Officers) referred to in paragraph (b) of subsection (1).

(4) The State Director, the Registrar and every Land Administrator shall each have a seal of office, and every instrument purporting to bear any such seal, and to have been signed by or on behalf of the officer in question shall, unless the contrary be proved, be deemed to have been sealed and signed by him or at his direction.

(5) Subject to the provisions of sub-section (3), in every district in which there may be one or more Assistant Land Administrators in addition to a Land Administrator, every Assistant Land Administrator shall exercise the powers and perform the duties conferred or imposed upon him by or under this Act in conformity with the directions of the Land Administrator.

18. Power to consolidate notices, orders and notifications.

The State Director, the Registrar or any Land Administrator may, in such manner as he may think appropriate, consolidate as one notification in the Gazette any two or more notices, orders or notifications made in the exercise of any of the powers conferred on him by or under this Act; and every such consolidated notification shall be deemed to constitute a good and sufficient publication in the Gazette of each such notice, order or notification.

40. Property in State land, minerals and rock material.

There is and shall be vested solely in the State Authority the entire property in-

(a) all State land within the territories of the State;

(b) all minerals and rock material within or upon any land in the State the rights to which have not been specifically disposed of by the State Authority.

41. Powers of disposal of State Authority, and rights in reversion, etc. Without prejudice to its powers and rights under any other written law for the time being in force, the State Authority shall have-

(a) all the powers of disposal conferred by section 42 with respect to-

(i) property vested in it under section 40,

(ii) reserved land, and (iii) mining land, which powers shall be exercised in such manner and to such extent as is authorised by the provisions of this Act, and not otherwise; and

(b) all the rights in reversion and other similar rights conferred on it by section 46.

2. KUASA

421AA. Power of investigation.

(1) Any State Director or Land Administrator shall have the power to investigate the commission of any offence under this Act.

(2) Every person required by the State Director or Land Administrator to give information or produce any document or other article relating to the commission of such offence which is in the person's power to give shall be legally bound to give the information or to produce the document or other article.

421AB. Power to require attendance of witnesses.

(1) The State Director or Land Administrator making an investigation under section 421AA may by order in writing require the attendance before himself of any person who appears to him to be acquainted with the circumstances of the case, and such person shall attend as required.

(2) If any such person fails to attend as so required, the State Director or Land Administrator, as the case may be, may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order aforesaid.

(3) A person attending as required under subsection (1) shall be entitled to be paid the reasonable travelling and subsistence expenses incurred by him; and it shall be lawful for the State Director or Land Administrator to pay such expenses.

421AC. Examination of witnesses.

(1) The State Director or Land Administrator making an investigation under section 421AA may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating to such case put to him by such officer: Provided that such person may refuse to answer any question, the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) The State Director or Land Administrator examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3). (5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

3. SEKSYEN KESALAHAN YANG DISIASAT

425. Unlawful occupation, etc., of State land, reserved land or mining land.

 (1) Any person who, without lawful authority-

 (a) occupies, or erects any building on, any State land, reserved land or mining land, or

 (b) clears, ploughs, digs, encloses or cultivates any such land or part thereof; or

 (c) cuts or removes any timber or produce on or from such land,

shall be guilty of an offence, and liable on conviction to a fine not exceeding ten thousand ringgit, or imprisonment for a term not exceeding one year.

(1A) Any person who abets the commission of an offence under subsection (1) shall be guilty of an offence, and liable on conviction to a fine not exceeding five hundred thousand ringgit, or imprisonment for a term not exceeding five year, or to both.

(2) For the purpose of this section, State land shall include all land held by or on behalf of Federal or State Government a local authority or a statutory authority exercising powers vested in it by Federal or State law.

426A. Power of arrest and seizure.

(1) Any police officer not below the rank of Inspector, Registrar, Land Administrator, Settlement Officer or other officer duly authorised by the State Authority (hereafter in this Part referred to as "authorised officer") may without warrant-

(a) arrest any person found committing or attempting to commit or abetting the commission of an offence under section 425 or 426;

(aa) stop and examine any vehicle, tractor or any thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section:

(b) seize any vehicle, tractor, agricultural implement or other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;

(c) demolish, destroy or remove any building, or take possession in the name of the State Authority of any crop, erected or cultivated on any land in contravention thereof.

(2) When a Registrar, Land Administrator, Settlement Officer or authorised officer exercises his powers of arrest, seizure or removal under sub-section (1), he shall declare his office or authority and produce for inspection to any person against whom he is acting, an authority card to be prescribed by the State Authority.

(3) A Registrar, Land Administrator, Settlement Officer or authorised officer may call upon any police officer for assistance in the exercise of the powers conferred under sub-section (1), and it shall be the duty of every police officer to comply with any such request.

(4) A Registrar, Land Administrator, Settlement Officer or authorised officer making an arrest under sub-section (1) shall without necessary delay make over the person so arrested to a police officer or take such person to the nearest police station; and the provisions of the Criminal Procedure Code shall apply in relation to the person so arrested.

(5) Whenever any thing is seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode, if known: Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, as the case may be.

(6) Any person who fails to cooperate with the authorized officer in the exercise of his power under subsection (1) commits an offence and shell, on conviction, be liable to a fine not exceeding five thousand ringgit, or imprisonment for a term not exceeding six months, or to both.

429. Miscellaneous penalties. Any person contravening the provisions of- (a) section 19 (which prohibits officers appointed under this Act from divulging matters coming to their knowledge in the performance of their duties), or

(b) section 20 (which relates to the purchase of land by officers so appointed), or

(c) sub-section (2) of section 375 (which prohibits the removal of registers of title, etc., from Registries and Land Offices), or

(d) sub-section (1) of section 379 (which relates to notifying the Registrar of a change of address), shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand ringgit, or imprisonment for a term not exceeding six months.

429A. Institution of prosecution. No prosecution for or in relation to any offence under this Code shall be instituted except by or with the consent in writing of the Public Prosecutor.

426B. Custody and delivery of things seized.

(1) Where a Settlement Officer or an authorised officer has seized anything in exercise of his powers under section 426A, he shall as soon as may be informed of the fact to the Land Administrator, who shall direct the Settlement Officer or the authorised officer as to the proper custody of the thing, and if the thing is a thing which may be delivered to a police officer under sub-section (2) of this section, may direct that it is so delivered.

(2) The Registrar or Land Administrator or if there is a direction under sub-section (1) of this section, the Settlement Officer or authorised officer, may deliver to a police officer-

(a) any movable property (other than anything seized under paragraph (b) of subsection (1) of section 426A remaining on the land after a person has been arrested or building has been demolished or removed under paragraph (c) of sub-section (1) of section 426A; and

(b) any of the materials composing a building so demolished or removed;

and property or materials so delivered shall be disposed of in accordance with section 22 of the Police Act, 1967.

426C. Forfeiture of things seized.

(1) All things seized in exercise of the powers conferred by paragraph (b) of sub-section (1) of section 426A shall be liable to forfeiture.

(2) Where anything has been seized under paragraph (b) of subsection (1) of section 426A, a police officer not below the rank of Inspector, Registrar or Land Administrator may, at his discretion, temporarily return such thing to the owner of the same on security being furnished to the satisfaction of the police officer, Registrar or Land Administrator that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.

(3) An order for the forfeiture or for the release of anything seized in exercise of the powers conferred under paragraph (b) of subsection (1) of section 426A shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of that Court that an offence under section 425 or 426 has been committed and that the thing was the subject matter of or was, used in the commission of the offence notwithstanding that no person may have been convicted of such offence.
(4) If there be no prosecution with regard to anything seized in exercise of the powers under that paragraph, such thing shall be taken and deemed to be forfeited at the expiration of one month from the date of seizure unless before that date a claim thereto is made in the following manner- 
(a) any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorised in writing give written notice to the police officer, Registrar or Land Administrator in whose possession such thing is held that he claims the same;

(b) in receipt of such notice the police officer, Registrar of Land Administrator as the case may be, shall refer the claim to the President of a Sessions Court for decision;

(c) the President to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, due service of the summons being proved, the President shall proceed to the examination of the matter and on proof that an offence under section 425 or 426 has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order its release.

(5) All things forfeited or deemed to be forfeited shall be delivered to the Land Administrator and shall be disposed of in accordance with the direction of-

(a) the State Director;

(b) the Director General of Lands and Mines, where the offence is committed on land held by or on behalf of the Federal Government; or

(c) by the authority concerned, where the offence is committed on land held by or on behalf of, a local authority, or a statutory authority exercising powers vested in it by Federal or State law.

(6) Where anything seized in exercise of the powers conferred under paragraph (b) of subsection (1) of section 426A is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the State Director, the Director General of Lands and Mines or the authority concerned, as the case may be, may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.

426D. No costs or damages arising from seizure to be recoverable. No person shall in any proceeding before any court in respect of the seizure of anything seized in exercise or the purported exercise of the powers conferred under section 426A be entitled to the costs of such proceedings or subject to section 426C to any damages or other relief unless such seizure was made without reasonable or probable cause.

429B. Compounding of offences.

(1) The State Director or Land Administrator may, with the written consent of the Public Prosecutor, make a written offer to the person reasonably suspected of having committed an offence to compound the offence upon payment to the State Director or Land Administrator such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted and where the amount specified in the offer is not paid within the time specified in the offer or within such extended time as the State Director or Land Administrator may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

(3) Where an offence has been compounded under subsection (1)- (a) no prosecution shall thereafter be instituted in respect of such offence against the person whom the offer to compound was made; and (b) any book, record, apparatus, equipment, instrument, material, article or any other thing seized in connection with the offence, may be forfeited, destroyed or returned to that person, as the State Director or Land Administrator deems fit after taking into consideration the nature of the offence and subject to such terms and conditions as may be imposed.".

BAHAGIAN B KENUN KESIKSAAN

CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. Absconding to avoid service of summons or other proceeding from a public servant

173. Preventing service of summons or other proceeding, or preventing publication thereof

174. Non-attendance in obedience to an order from a public servant

175. Omission to produce a document to a public servant by a person legally bound to produce such document

176. Omission to give notice or information to a public servant by a person legally bound to give notice or information

177. Furnishing false information

178. Refusing oath when duly required to take oath by a public servant 179. Refusing to answer a public servant authorized to question

180. Refusing to sign statement

181. False statement on oath to public servant or person authorized to administer an oath

182. False information, with intent to cause a public servant to use his lawful power to the injury of another person

183. Resistance to the taking of property by the lawful authority of a public servant

184. Obstructing sale of property offered for sale by authority of a public servant

185. Illegal purchase or bid for property offered for sale by authority of a public servant

186. Obstructing public servant in discharge of his public functions

187. Omission to assist public servant when bound by law to give assistance 188. Disobedience to an order duly promulgated by a public servant

189. Threat of injury to a public servant

190. Threat of injury to induce any person to refrain from applying for protection to a public servant

FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Giving false evidence

192. Fabricating false evidence

193. Punishment for false evidence

194. Giving or fabricating false evidence with intent to procure conviction of a capital offence

195. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment

196. Using evidence known to be false

197. Issuing or signing a false certificate

198. Using as a true certificate one known to be false in a material point 199. False statement made in any declaration which is by law receivable as evidence

200. Using as true any such declaration known to be false

201. Causing disappearance of evidence of an offence committed, or giving false information touching it, to screen the offender

BAHAGIAN C KANUN ACARA JENAYAH

CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS Part 1 PRELIMINARY

 Chapter 1 Section

1. Short title

2. Interpretation

3. Trial of offences under Penal Code and other laws

4. Saving of powers of High Court

5. Laws of England, when applicable Part II PROVISIONS AS TO CRIMINAL COURTS Chapter II Criminal Courts In General

6. Courts

7. Courts to be open

8. (Deleted)

9. Criminal jurisdiction of Magistrates

10. (Deleted) 4 Laws of Malaysia Act 593 Part III GENERAL PROVISIONS Chapter III Aid And Information to Magistrates and Police And Persons Making Arrests Section

11. Public, when to assist Magistrates, Justices of the Peace and police 12. Aid to persons other than police officer executing warrant

13. Public to give information of certain matters

14. Police officer bound to report certain matters Chapter IV Arrest, Escape and Re-Taking

15. Arrest, how made

16. Search of place entered by person sought to be arrested

17. Search of persons in place searched under warrant

18. Power to break open any place for purposes of liberation

19. No unnecessary restraint and mode of searching women

20. Search of persons arrested

20a. Procedure on search of a person

21. Power to seize offensive weapons

22. Search of person for name and address

23. When police or penghulu may arrest without warrant

24. Refusal to give name and residence

25. How person arrested by penghulu is to be dealt with

26. Pursuit of offenders

27. Arrest by private persons and procedure in such cases

28. How person arrested is to be dealt with and detention for more than twenty-four hours

28a. Rights of person arrested

29. Release of person arrested

30. Offence committed in Magistrate’s presence

31. Arrest by or in presence of Magistrate

32. Power on escape to pursue and re-take

33. Sections 16 and 18 to apply to arrests under section 32

Criminal Procedure Code 5 Chapter V PROCESSES TO COMPEL APPEARANCE Summons Section

34. Form of summons and service

35. Summons how served

36. Procedure when personal service cannot be effected

37. Proof of service

37a. (Deleted) Warrant of Arrest

38. Form of warrant of arrest

39. Court may direct by indorsement on warrant security to be taken

40. Warrants, to whom directed

41. Notification of substance of warrant

42. Person arrested to be brought before Court without delay

43. Procedure on arrest of person against whom warrant is issued Proclamation and Attachment

44. Proclamation for person absconding

45. Attachment of property of person proclaimed

46. Restoration of attached property Other Rules Regarding Summonses to Appear and Warrants of Arrest

47. Issue of warrant in lieu of or in addition to summons

48. Summonses to appear and warrants of arrest may be executed in any part of Malaysia

49. Power to take bond for appearance

50. Arrest on breach of bond for appearance 6 Laws of Malaysia Act 593

Chapter VI

Processes to Compel the Production of Documents and Other Movable Property and for the Discovery of Persons Wrongfully Confined Section

51. Summons to produce document or other things

51a. Delivery of certain documents

52. Procedure as to postal article, etc.

53. Sections 34 to 37 to apply Search Warrants

54. When search warrant may be issued

55. Power to restrict search warrant

56. Magistrate may issue warrant authorizing search for evidence of offence

57. Form of search warrant

58. Search for persons wrongfully confined

59. Persons in charge of closed places to allow search

60. Magistrate issuing search warrant may attend at its execution

61. Magistrate may direct search in his presence

62. Search without warrant

62a. Forfeiture of counterfeit coin

62b. Forfeiture of counterfeit currency

63. Summary search

64. List of all things seized to be made and signed

65. Occupant to be present at search

First Schedule

TABULAR STATEMENT OF OFFENCES UNDER THE PENAL CODE Second Schedule FORMS Form 1. Summons to an Accused Person

2. Warrant of Arrest

3. Bond and Bail Bond after Arrest under a Warrant Criminal Procedure Code 23

4. Proclamation Requiring the Appearance of a Person Accused

5. Proclamation Requiring the Attendance of a Witness

6. Order of Attachment to Compel the Attendance of a Witness

7. Warrant in the First Instance to Bring up a Witness

8. Warrant to Search after Information of a Particular Offence

9. Warrant to Search Suspected Place of Deposit

10. Bond to Keep the Peace 11. Bond for Good Behaviour

12. Order to Show Cause

13. Summons on Information of a Probable Breach of the Peace

14. Warrant of Commitment on Failure to Find Security to Keep the Peace 15. Warrant of Commitment on Failure to Find Security for Good Behaviour 16. Warrant to Discharge a Person Imprisoned on Failure to Give Security 17. Order for the Removal of Nuisances

18. Notice and Peremptory Order by Magistrate after Order Absolute

19. Injunction to Provide Against Imminent Danger Pending Decision

20. Order of Magistrate Prohibiting the Repetition, etc., of a Nuisance 21. Order of Magistrate to Prevent Obstruction, Riot, etc.

22. Order of Magistrate Declaring Party Entitled to Retain Possession of Land, etc., in Dispute

23. Warrant of Attachment in the Case of a Dispute as to the Possession of Land, etc.

24. Order of Magistrate Prohibiting the Doing of Anything on Land or Water 25. Bond to Prosecute or Give Evidence

26. Report of Police Investigation

27. Charges (I) Charges With One Head (II) Charges With Two or More Heads (III) Charge for Theft After a Previous Conviction

28. Formal Part of Charges Tried Before the High Court

28a. Application for Plea Bargaining

29. Warrant of Commitment on a Sentence of Imprisonment or Fine Form 24 Laws of Malaysia Act 593

30. Warrant of Imprisonment on Failure to Recover Amends by Distress

31. Summons to a Witness

32. (Deleted)

33. Warrant of Commitment under Sentence of Death

34. Warrant of Execution on a Sentence of Death

35. Warrant to Levy a Fine by Distress and Sale

36. Bond to Appear and Receive Judgment

37. Warrant of Commitment in Certain Cases of Contempt when a Fine is Imposed

38. Warrant of Commitment of Witness Refusing to Answer

39. (Deleted)

40. Warrant to Discharge a Person Imprisoned on Failure to Give Security 41. Warrant of Attachment to Enforce a Bond

42. Notice to Surety on Breach of a Bond

43. Notice to Surety of Forfeiture of Bond for Good Behaviour

44. Warrant of Attachment against a Surety

45. Warrant of Commitment of the Surety of an Accused Person Admitted to Bail

46. Notice to the Principal of Forfeiture of a Bond to Keep the Peace

47. Warrant to Attach the Property of the Principal on Breach of a Bond to Keep the Peace

48. Warrant of Imprisonment on Breach of a Bond to Keep the Peace

49. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour 50. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour

51. Form of Petition of Appeal

52. Form of Warrant

53. Form of Warrant

54. Warrant to Bring up Prisoner to Give Evidence

(Obstructing public servant in discharge of his public functions

186. Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment for a term which may extend to *two years or with fine which may extend to *ten thousand ringgit or with both.

Omission to assist public servant when bound by law to give assistance

187. Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to four hundred ringgit or with both; and if such assistance is demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court, or of preventing the commission of an offence, or of suppressing a riot or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand ringgit or with both.

CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Criminal intimidation

503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is with in this section.

ILLUSTRATION

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

Intentional insult with intent to provoke a breach of the peace

504. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Statements conducing to public mischief

505. Whoever makes, publishes or circulates any statement, rumour or report—

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Malaysian Armed Forces or any person to whom section 140B refers, to mutiny or otherwise disregard or fail in his duty as such;

(b) with intent to cause, or which his likely to cause, fear or alarm to the public, or to any section of the public where by any person may be induced to commit an offence against the State or against the public tranquillity; or

(c) with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community of persons,

shall be punished with imprisonment which may extend to two years or with fine or with both.

Exception—It does not amount to an offence within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.

Punishment for criminal intimidation

506. Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to two years or with fine or with both; if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Criminal intimidation by an anonymous communication

507. Whoever commits the offence of criminal intimidation by an anonymous communication, or by having taken precautions to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to two years, in addition to the punishment provided for the offence by section 506.

Act caused by inducing a person to believe that he will be rendered an object of Divine displeasure

508. Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he, or any person in whom he is interested, will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

ILLUSTRATIONS

(a) A performs a ceremony at Z’s door with the intention of causing it to be believed that by so doing he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

(b) A threatens Z that unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 

BAHAGIAN D PERLEMBAGAAN

FUNDAMENTAL LIBERTIES

5. Liberty of the person

6. Slavery and forced labour prohibited

7. Protection against retrospective criminal laws and repeated trials

8. Equality

9. Prohibition of banishment and freedom of movement

10. Freedom of speech, assembly and association

11. Freedom of religion

12. Rights in respect of education

13. Rights to property

BAHAGIAN D AKTA KETERANGAN

CHAPTER II RELEVANCY OF FACTS

General

5. Evidence may be given of facts in issue and relevant facts

6. Relevancy of facts forming part of same transaction

7. Facts which are the occasion, cause or effect of facts in issue

8. Motive, preparation and previous or subsequent conduct

9. Facts necessary to explain or introduce relevant facts

10. Things said or done by conspirator in reference to common design

11. When facts not otherwise relevant become relevant

12. In suits for damages, facts tending to enable court to determine amount are relevant

13. Facts relevant when right or custom is in question

14. Facts showing existence of state of mind or of body or bodily feeling 15. Facts bearing on question whether act was accidental or intentional 16. Existence of course of business when relevant Admissions and Confessions

17. Admission and confession defined

18. Admission by party to proceeding, his agent or person interested

19. Admissions by persons whose position must be proved as against party to suit

20. Admissions by persons expressly referred to by party to suit

21. Proof of admissions against persons making them and by or on their behalf

22. When oral admissions as to contents of documents are relevant

23. Admissions in civil cases when relevant

24. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding

25. Confession to police officer below the rank of Inspector not to be proved

26. Confession by accused while in custody of police not to be proved against him

27. How much of information received from accused may be proved

28. Confession made after removal of impression caused by inducement, threat or promise relevant

29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

30. Consideration of proved confession affecting person making it and others jointly under trial for same offence

31. Admissions not conclusive proof but may estop

31A. (Deleted)

32.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

33. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated Statements made under Special Circumstances

34. Entries in books of account when relevant

35. Relevancy of entry in public record made in performance of duty

36. Relevancy of statements in maps, charts and plans

37. Relevancy of statement as to fact of public nature contained in certain legislation or notifications

38. Relevancy of statements as to any law contained in law books How Much of a Statement to be Proved

39. What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers Judgments of Courts when Relevant

40. Previous judgments relevant to bar a second suit or trial

41. Relevancy of certain judgments in probate, etc., jurisdiction

42. Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41

43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant

44. Fraud or collusion in obtaining judgment or incompetency of court may be proved Opinions of Third Persons when Relevant

45. Opinions of experts

46. Facts bearing upon opinions of experts

47. Opinion as to handwriting when relevant

48. Opinion as to existence of right or custom when relevant

49. Opinion as to usages, tenets, etc., when relevant

50. Opinion on relationship when relevant

51. Grounds of opinion when relevant Character when relevant

52. In civil cases character to prove conduct imputed irrelevant

53. In criminal cases previous good character relevant

54. Previous bad character not relevant except in reply

55. Character as affecting damages

PART II

 PROOF CHAPTER

III FACTS WHICH NEED NOT BE PROVED

56. Fact judicially noticeable need not be proved

57. Facts of which court must take judicial notice

58. Facts admitted need not be proved

 CHAPTER IV ORAL EVIDENCE

59. Proof of facts by oral evidence

60. Oral evidence must be direct CHAPTER V DOCUMENTARY EVIDENCE

61. Proof of contents of documents

62. Primary evidence

63. Secondary evidence

64. Proof of documents by primary evidence

65. Cases in which secondary evidence relating to documents may be given 66. Rules as to notice to produce

67. Proof of signature and handwriting of person alleged to have signed or written document produced

68. Proof of execution of document required by law to be attested

69. Proof where no attesting witness found

70. Admission of execution by party to attested document

71. Proof when attesting witness denies the execution

72. Proof of document not required by law to be attested

73. Comparison of signature, writing or seal with others admitted or proved

73A. Admissibility of documentary evidence in civil cases, etc.

73AA. Admissibility of fact in criminal cases, etc. Public Documents

74. Public documents

75. 75. Private documents

76. 76. Certified copies of public documents

77. Proof of documents by production of certified copies

78. Proof of certain official documents

78A. Proof of public documents produced by computers Presumptions as to Documents

79. Presumption as to genuineness of certified copies

80. Presumption as to documents produced as record of evidence

81. Presumption as to Gazettes, newspapers, etc.

82. Presumption as to document admissible in England without proof of seal or signature

83. Presumption as to maps or plans made by authority of Government

84. Presumption as to collections of laws and reports of decisions

85. Presumption as to powers of attorney

86. 86. Presumption as to certified copies of foreign judicial records 87. Presumption as to books, maps and charts

88. Presumption as to telegraphic messages

89. Presumption as to due execution, etc., of documents not produced

90. Presumption as to documents twenty years old

Documents Produced by a Computer

90A. Admissibility of documents produced by computers, and of statements contained therein

90B. Weight to be attached to document, or statement contained in document, admitted by virtue of section 90A

90C. Sections 90A and 90B to prevail over other provisions of this Act, the Bankers’ Books (Evidence) Act 1949, and any written law

CHAPTER VA ADMISSIBILITY OF EVIDENCE OBTAINED UNDER MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS

90D. Application of Chapter VA

90E. Admissibility in criminal matter of evidence obtained pursuant to requests for mutual assistance in criminal matters

90F. Certificate relating to foreign evidence