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Chapter V

126. Power to award compensation

(1)

If in any case the Syariah Court acquits the accused and is of opinion that the complaint, information or charge was frivolous or vexatious, it may, in its discretion, either on the application of the accused or of its own motion. order the complainant or the person on whose information the complaint or charge was made to pay to the accused, or to each or any of the accused where there are more than one, such compensation not exceeding 6 1.000, as the Syariah Court thinks fit:

Provided that the Syariah Court -

(a)

shall record and consider any objection which the complainant or informant may urge against the order; and

(b)

shall record its reasons for making such order.

Syariah Courts 88

Criminal Procedure Code

(2)

The sum so awarded shall be recoverable as if it were a fine, provided that if it cannot be realised. the imprisonment awarded in lieu thereof shall not exceed 30 days.

(3)

At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Syariah Court shall take into account any sum paid or recovered as compensation under this subsection on proof of the same.

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