Syariah Courts Criminal Procedure Code · s 198

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198.
Child offender who is mumaiyiz but not baligh
(1) When any child offender who is rnumaiyiz but not baligh is convicted before any Syariah Court of any offence punishable with whipping, fine or imprisonment, such Syariah Court may instead of passing a sentence of whipping. fine or imprisonment -
(a) order such offender to be discharged after due admonition, if the Syariah Court thinks fit:
(b) order such offender to be delivered to his parent or to his guardian or nearest adult heir or to such other person as the Syariah
Court shall designate, on such parent, guardian, heir or other person executing a bond with sureties as the Syariah Court may require, that he will be responsible for the good behaviour of the offender for any period not exceeding 12 months;
(c) without requiring any person to enter into any bond, make an order in respect of such offender ordering him to be of good behaviour for any period not exceeding 2 years and containing any direction to such offender in accordance with the conditions mentioned in section 200(u), (b) and (c) as the Syariah Court thinks fit; or
(d) deal with the offender in the manner provided by the
Children and Young Persons Act (Chapter 2 1 9).
(2) The Syariah Court before which an offender under subsection (1)
is convicted may, in addition to or instead of punishing such offender in the manner provided in this section, inflict on his parent or guardian a fine not exceeding $5,000 in any case in which such Syariah Court, after summary inquiry, is satisfied that such parent or guardian has. by neglecting to take proper care or otherwise of the offender, conduced to the misconduct of such offender:
Provided that the parent or guardian shall not be fined without his having had an opportunity of being heard and, if he desires it, of adducing evidence in his defence.

Syariah Courts 120 CAP.
Criminal Procedure Code
(3) This section applies to all offences, whether or not a minimum sentence has been prescribed for any offence.

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s 198Child offender who is mumaiyiz but not baligh

(1)

When any child offender who is rnumaiyiz but not baligh is convicted before any Syariah Court of any offence punishable with whipping, fine or imprisonment, such Syariah Court may instead of passing a sentence of whipping. fine or imprisonment -

(a)

order such offender to be discharged after due admonition, if the Syariah Court thinks fit:

(b)

order such offender to be delivered to his parent or to his guardian or nearest adult heir or to such other person as the Syariah

Court shall designate, on such parent, guardian, heir or other person executing a bond with sureties as the Syariah Court may require, that he will be responsible for the good behaviour of the offender for any period not exceeding 12 months;

(c)

without requiring any person to enter into any bond, make an order in respect of such offender ordering him to be of good behaviour for any period not exceeding 2 years and containing any direction to such offender in accordance with the conditions mentioned in section 200(u), (b) and (c) as the Syariah Court thinks fit; or

(d)

deal with the offender in the manner provided by the

Children and Young Persons Act (Chapter 2 1 9).

(2)

The Syariah Court before which an offender under subsection (1)

is convicted may, in addition to or instead of punishing such offender in the manner provided in this section, inflict on his parent or guardian a fine not exceeding $5,000 in any case in which such Syariah Court, after summary inquiry, is satisfied that such parent or guardian has. by neglecting to take proper care or otherwise of the offender, conduced to the misconduct of such offender:

Provided that the parent or guardian shall not be fined without his having had an opportunity of being heard and, if he desires it, of adducing evidence in his defence.

Syariah Courts 120 CAP.

Criminal Procedure Code

(3)

This section applies to all offences, whether or not a minimum sentence has been prescribed for any offence.