Syariah Courts Criminal Procedure Code · s 84

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84.
( 1 )  Subject to the provisions of any other written law, where in any criminal proceedings against a person for an offence, evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact. being a fact which in the circumstailces existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the
Syariah Court, in determining whether -
(a) to commit the accused for trial or there is a case to answer;
and
(b) the accused is guilty of the offence charged,

S'x-wialt Courts
Criminal Procedure Code
CAP. 224 65
may draw such inferences adverse to the accused from the failure as appear proper, and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
(2) In subsection (I), "officially informed" means informed by a
Religious Enforcement Officer, police officer or any other person charged a with the duty of investigating offences or charging offenders.
(3) Nothing in subsection (1) or (2) shall in any criminal proceedings -
(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from those subsections;
or
(b) be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.

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s 84

( 1 ) Subject to the provisions of any other written law, where in any criminal proceedings against a person for an offence, evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact. being a fact which in the circumstailces existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the

Syariah Court, in determining whether -

(a)

to commit the accused for trial or there is a case to answer;

and

(b)

the accused is guilty of the offence charged,

S'x-wialt Courts

Criminal Procedure Code

CAP. 224 65

may draw such inferences adverse to the accused from the failure as appear proper, and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

(2)

In subsection (I), "officially informed" means informed by a

Religious Enforcement Officer, police officer or any other person charged a with the duty of investigating offences or charging offenders.

(3)

Nothing in subsection (1) or (2) shall in any criminal proceedings -

(a)

prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from those subsections;

(b)

be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.