Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter II
17. How arrest is made
Official textFrom Attorney General's Chambers, unchanged
In making an arrest, the Religious Enforcement Officer, police officer or other person making the arrest shall touch the body of the person or confine the person to be arrested, unless there is a submission to the custody by word or action.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Syuriak Courts 34
Cri~~inal
Procedure Code
If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such officer or other person may use all means necessary to effect the arrest.
Nothing in this section gives a right to cause the death of any person to be arrested who is not accused of an offence punishable with death.
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
A, a Religious Enforcement Officer, arrests B, a suspect in an offence punishable with death. When A is making the arrest, B forcibly resists the endeavour of arrest or attacks or threatens to attack A. A has the right to cause death of B if he cannot otherwise make his arrest.
Terms defined in s 2
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;
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Chapter III
Chapter IV
Part
Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
Part
Proceedings in Prosecution
Chapter II
Chapter IIL
Chapter V
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