Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter XI
198. Child offender who is mumaiyiz but not baligh
Official textFrom Attorney General's Chambers, unchanged
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 -
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
order such offender to be discharged after due admonition, if the Syariah Court thinks fit:
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;
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
deal with the offender in the manner provided by the
Children and Young Persons Act (Chapter 2 1 9).
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:
inquiry
"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
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
This section applies to all offences, whether or not a minimum sentence has been prescribed for any offence.
Terms defined in s 2
inquiry
Defined · s 2"inquiry" includes every inquiry conducted before a Syar'ie Judge under this Code;
mumaiyiz
Defined · s 2"mumaiyiz" has the same meaning assigned to it under the Syariah Courts Evidence Order, 200 1 (S 631200 1);
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;
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Chapter XIII
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Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
Part