Criminal Procedure Code · 2021 Revised Edition · Chapter X7V
Section 130
Official textFrom Attorney General's Chambers, unchanged
(No sections).
Conditions requisite for initiation ofproceedings
Power to take cognisance of offences 131.
Subject to the provisions of this Code, a Judge or Magistrate may take cognisance of an offence -
Judge
"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
upon receiving a complaint as provided by section 133;
complaint
"complaint" means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;
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upon his own knowledge or suspicion that such offence has been committed;
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
on any person being brought before him in custody without process and accused of having committed an offence which such Judge or Magistrate has jurisdiction either to inquire into or to try.
Magistrate
"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
Sanction required for prosecution for certain offences 132.
No Magistrate shall take cognisance of -
any offence punishable under section 121, 121A, 122,
123 or 505 of the Penal Code (Chapter 22), except with the previous sanction of the Public Prosecutor;
any offence punishable under sections 172 to 188 of the
Penal Code (Chapter 22), except with the previous sanction of the
Public Prosecutor or on the complaint of the public servant concerned or of some public servant to whom he is subordinate;
any offence punishable under section 193,194, 195, 196,
199, 200,205, 206, 207,208,209, 210, 21 1,228 or 228A of the
Penal Code (Chapter 22), except with the previous sanction of a
Judge or the Public Prosecutor or, when such offence is alleged to have been committed in, or in relation to, any proceedings in any
Court, except on the complaint of such Court, or of some other
Court to which such Court is subordinate;
any offence described in section 463 or punishable under section 471, 475 or 476 of the Penal Code (Chapter 22), except with the previous sanction of a Judge or the Public Prosecutor or, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document given in evidence in such proceedings, except on the complaint of such
Court, or of some other Court to which such Court is subordinate;
any offence punishable under section 493, 494, 495 or 496 of the Penal Code (Chapter 22), except upon a complaint made by some person aggrieved by such offence or by a Judge or the Public Prosecutor.
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Criminal Procedure Code
The provisions of subsection (1) with reference to the offences named therein apply also to the abetment of such officers and to attempts to commit them.
reference
"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
Terms defined in this Act
complaint
Defined · s 2"complaint" means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;
Judge
Defined · s 2"Judge" means a Judge of the Supreme Court and includes, where the context so permits, the Chief Justice;
Magistrate
Defined · s 2"Magistrate" means a Magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act or under any written law;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…
reference
Defined · s 405"reference" means a reference of a point of law to the Court of Appeal under this Chapter. Reference to Court of Appeal 406.
Chapter XV
Chapter XVI
Chapter XVII
Chapter XVIII
Chapter X
Chapter X H
Chapter XX
Chapter XXI
Chapter XXII
Chapter XX7I1
Chapter XXIV
Chapter XXV
Chapter XXVII
Part 7
Chapter XXLX
Part 8
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
Part