Criminal Procedure Code · 2021 Revised Edition · Chapter IV
28. When police officer may arrest without warrant
Official textFrom Attorney General's Chambers, unchanged
Any police officer or District Officer may, without an order from a Magistrate and without a warrant, arrest -
police officer
"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
any person who has been concerned in any seizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
44
Criminal Procedure Code
any person having in his possession without lawful excuse, the burden of proving which shall lie on such person, any implement of house breaking;
any person who has been proclaimed under section 49;
any person in whose possession anything is found which may reasonably be suspected to be stolen or fraudulently obtained property and who may reasonably be suspected of having committed an offence with reference to such thing;
any person who obstructs a police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;
any person reasonably suspected of being a deserter from the Royal Brunei Armed Forces or Royal Brunei Police
Force or Gurkha Reserve Unit or any visiting force present for the time being in Brunei Darussalam by virtue of any written law or by virtue of any lawful arrangement made by or on behalf of
Brunei Darussalam;
(d any person taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a seizable offence;
O any person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself;
any person who is by repute a habitual robber, housebreaker or thief or a habitual receiver of stolen property knowing it to be stolen or who by repute, habitually commits extortion or in order to commit extortion, habitually puts or attempts to put persons in fear of injury;
0) any person in the act of committing in his presence a breach of the peace;
any person subject to the supervision of the police who fails to comply with the requirements of section 265.
a
Nothing in this section shall be held to limit or to modify the operation of any other written law empowering a police officer or District
Officer to arrest without a warrant.
Refusal to give name and residence or naming residence outside Brunei
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;
District Officer
Defined · s 2"District Officer" includes, where the context so permits, a Dato Penghulu, a Penghulu and a Ketua;
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…
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
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.
seizable offence
Defined · s 2"seizable offence" means an offence for which, and "seizable case" means a case in which, a police officer may ordinarily arrest without warrant according to the third column of Schedule 1 or under the provisions of any other written law for the time being in force;
Chapter V
Chapter VI
Part
Prevention of Offences
Chapter VII
Chapter VIIL
Chapter IX
Chapter X
Chapter XI
Chapter X
Chapter X I
Part
Information to Police and Their Powers to Investigate
Chapter XIII
Part
Proceedings in Prosecutions
Chapter X7V
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