Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter V
124. Power to discharge conditionally or unconditionally
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding the provisions of section 123, the Syariah Court a shall have the powers contained in this section.
When any person is charged before the Syariah Court with an offence punishable by such Syariah court other than offences punishable
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syariah Courts 86
Criminal Procedure Code with hadd. qisas, diyut or arsy and the Syariah Court finds that the charge is proved, but is of the opinion that. having regard to the character, antecedents.
arsy
"arsy " has the same meaning assigned to it under section 12 1 of the Syariah Penal Code Order, 201 3 (S 691201 3);
age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any sentence other than a light sentence or it is expedient to release the offender conditionally, the Syariah Court may, without recording a conviction, issue an order either -
dismissing the charge or complaint after such admonition or caution to the offender as the Syariah Court thinks fit;
order the offender to be detained in a welfare house or such other place as the Syariah Court thinks appropriate for a period not exceeding one year; or
discharging the offender conditionally on his entering into a bond with sureties, to be of good behaviour and to appear for the conviction to be recorded and for sentence when called upon at any time during such period not exceeding 3 years, as may be specified in the order.
The Syariah Court may, in addition to any such order mentioned under subsection (2), order the offender to pay such compensation for injury or loss or to pay such costs of the proceedings as the Syariah Court thinks reasonable or to pay both compensation and costs.
If the Syariah Court is satisfied by information taken on yamin that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his arrest.
yamin
"yamin" has the same meaning assigned to it under the Syariah Courts Evidence Order, 2001 (S 6312001).
Any offender when arrested on any such warrant shall, if not forthwith brought before the Syariah Court having power to sentence him, be brought before a Syar'ie Judge who may -
Syar'ie Judge
"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
either remand him by warrant until the time at which he is required by his bond to appear for judgment or until the sitting of a
Syariah Court having power to deal with his original offence whichever shall first happen; or
admit him to bail with a sufficient surety conditioned on his appearing for judgment.
Sjjuriah Courts
Crin~inul Procedure Code
CAP. 224 87
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The offender, when so remanded. may be committed to prison and the warrant of remand shall order that he be brought before the Syariah
Court before which he was bound to appear for judgment or to answer as to his conduct since his release.
Terms defined in s 2
arsy
Defined · s 2"arsy " has the same meaning assigned to it under section 12 1 of the Syariah Penal Code Order, 201 3 (S 691201 3);
offence
Defined · s 2"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syar'ie Judge
Defined · s 2"Syar'ie Judge" has the same meaning assigned to it under the Syariah Courts Act;
yamin
Defined · s 2"yamin" has the same meaning assigned to it under the Syariah Courts Evidence Order, 2001 (S 6312001).
Chapter VI
Chapter VII
Chapter VIII
Chapter X
Chapter XI
Chapter XII
Chapter XIII
Part
Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
Part