Criminal Procedure Code · 2021 Revised Edition · Part 8
309. Powers of Magistrate
Official textFrom Attorney General's Chambers, unchanged
A Magistrate holding an inquest under this Chapter shall have all the powers which he would have in holding an inquiry into an offence.
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;
A Magistrate holding an inquest under this Chapter if he considers it expedient that the body of the deceased person should be examined by a medical officer or hospital assistant in order to discover the cause of death may, whether a post mortem examination has been made under section 305 or not, issue his order to a medical officer or hospital assistant to make apost mortem examination of the body, and may for such purpose order the body to be exhumed.
medical officer
"medical officer" means a registered medical practitioner employed by Government and if no such oficer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director-General of Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;
The Magistrate holding the inquest may, if he thinks fit, summon to assist him a jury consisting of not less than three and not more than five persons of whom at least half shall, if possible, be of the same race as the deceased.
Terms defined in this Act
cause of death
Defined · s 302"cause of death" include not only the apparent cause of death as ascertainable by inspection or post mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
inquiry
Defined · s 2"inquiry" includes every inquiry conducted under this Code before a Magistrate;
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;
medical officer
Defined · s 2"medical officer" means a registered medical practitioner employed by Government and if no such oficer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director-General of Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…
Part 9
Chapter XXXVI
Chapter XL
Chapter XLI
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