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Syariah Courts Criminal Procedure Code · s 295

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s 295Duty of Religious Enforcement Officer or officer in charge of police station

(1)

If a Religious Enforcement Officer or an officer in charge of a police station receives information that -

(a)

a person has committed suicide;

(b)

a person has been killed by another, or by an animal, or by machinery. or by an accident;

(c)

a person has died under circumstances in which some other person may have committed an offence; or

(d)

a person has died or has disappeared in circumstances which raise reasonable presumption that he has died, and the cause of such death or presumed death is not known, he shall immediately give information thereof to a Syariah Subordinate

Court Judge and shall himself immediately proceed or shall direct some other Religious Enforcement Officer or police officer immediately to proceed to the place where the body of such deceased person is, or, if the body has disappeared, to the place where the deceased person was last seen alive, and there shall make an investigation and draw up a report of the apparent cause of death, describing, if the body is available, such wounds.

fractures. bruises. and other marks as may be found thereon. and stating in what manner or by what weapon or instrument (if any) the same appear to

B.L.R.O. -1:202/

Sjluriah Courts 162 CAP.

Criminal Procedure Code have been indicted, and, whether the body is available or not, giving an account of such objects and circumstances as in his opinion may relate to the cause of death or the person (if any) who caused the death.

(2)

If no Religious Enforcement Officer or police officer is available to make the investigation required by subsection (I), a Syariah Subordinate

Court Judge may direct a fit and proper person (hereinafter referred to as an authorised officer) to cany out such investigation and to draw up the report and forward it to the Chief Religious Enforcement Officer or officer in charge of the police station.

(3)

If the Syariah Subordinate Court Judge is satisfied that no useful purpose would be served by any person proceeding to the place where the body is or, if the body has disappeared, to the place where the body was last seen alive. he may by order in writing under his hand dispense with such requirement.

(4)

Any Religious Enforcement Officer, police officer or authorised officer making an investigation under this section may exercise all the powers granted to a Religious Enforcement Officer or police officer under the provisions of Part 4.

(5)

A report of such investigation shall be made and signed by the

Religious Enforcement Officer or officer in charge of the police station and forwarded by him to the Syariah Subordinate Court Judge.

(6)

If as a result of the investigation such officer drafts a charge under section 92 in respect of the death of such person, he shall forward the report to the Chief Syar'ie Prosecutor and shall illform the Syariah

Subordinate Court Judge in writing of the commencement of such proceedings.