Criminal Procedure Code · 2021 Revised Edition · Chapter XVII
141. When accused person to be discharged
Official textFrom Attorney General's Chambers, unchanged
( 1 ) When the evidence referred to in section 140 has been taken and he has, if he thinks fit, examined the accused under section 220 for the purposes of enabling him to explain any circumstance appearing against him in the evidence, the Magistrate shall if he finds that there are not sufficient grounds for committing the accused person for trial discharge him, unless it appears to the Magistrate that such person should be tried before himself or before some other Magistrate in which case he shall either -
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;
forthwith frame a charge or charges in writing and call upon the accused to plead thereto; or
order the accused to be tried before some other
Magistrate.
If the Magistrate takes action under subsection (l)(a) it shall not be necessary for the Magistrate to recall and re-examine the witnesses for the prosecution, but the accused may require that any witness called for the prosecution may be recalled for further cross-examination.
Nothing in this section is deemed to prevent a Magistrate a from discharging the accused at any previous stage of the case if for reasons
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Criminal Procedure Code to be recorded by such Magistrate he considers that there are not sufficient grounds for committing the accused.
When the Magistrate is of opinion that there are peculiar difficulties of circumstances connected with the case or whenever he shall be so directed by a superior Court, he may remand the accused or admit him to bail and he shall forthwith send the depositions to such superior Court for instructions.
Terms defined in s 2
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;
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