Criminal Procedure Code · 2021 Revised Edition · Chapter XL
378. When Public Prosecutor may direct Magistrate to take further evidence
Official textFrom Attorney General's Chambers, unchanged
If the Public Prosecutor is of opinion that a criminal offence is disclosed and that further proceedings should be taken against the accused but that the evidence already obtained or taken is in any particular or respect defective and is not sufficient to afford a foundation for a full and proper trial, he may by an order in writing signed by himself require the police to
offence
"offence" means any act or omission made punishable by any other written law for the time being in force…
make further investigation or require the Magistrate to hold an inquiry or, if an inquiry has been held, to take such further evidence as may be specified or indicated in the order either by way of examining any witnesses who have already given their testimony, or otherwise to continue the inquiry.
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;
Upon the order of the Public Prosecutor being received by the
Magistrate he shall cause the accused person to appear before him and shall hold or shall resume and proceed with the inquiry in pursuance of such order.
inquiry
"inquiry" includes every inquiry conducted under this Code before a Magistrate;
If an inquiry or supplemental inquiry is directed to be held the accused person, if at large on bail, shall be called upon by written notice to appear before a Court of a Magistrate, and if in prison shall by an order of the Magistrate be brought before the Court on a day appointed therefor.
All the provisions in respect of the original inquiry shall be applicable, so far as may be, to the supplemental inquiry.
The Magistrate shall at the termination of the inquiry or supplemental inquiry forthwith transmit a copy of the record to the Public
Prosecutor.
A supplemental inquiry may be continued by a Magistrate other than the Magistrate who conducted the original inquiry.
The Public Prosecutor may, in lieu of or in addition to requiring the Magistrate to take further evidence under subsection (I), give notice to the accused that the prosecution intends to call further evidence at the trial and indicating the nature thereof:
Provided that failure to give such notice or that the notice does not indicate with sufficient clarity the nature of the evidence to be called shall not render the evidence inadmissible but shall entitle the accused to such adjournment, if any, as the Court shall consider may in the interests of justice be required.
Terms defined in s 2
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;
offence
Defined · s 2"offence" means any act or omission made punishable by any other written law for the time being in force…
Chapter XLI
Part