Laws
Syariah Courts Criminal Procedure Code
Chapter 11
s 285

In force2021 Revised EditionCurrent version · 2021 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)

Contents

Syariah Courts Criminal Procedure Code

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Preliminary

1Citation
2Interpretation
3Jurisdiction
4All offences over which the Syariah Court has jurisdiction shall be -
5Saving of prerogative
6Saving of powers of Syariah Court

General Provisions

7Courts
8Syariah Court to be open
9Sitting in camera
10Power of Syar'ie Judge to sentence to imprisonment in default of fine
11Power of Syar'ie Judge to sentence to in~prisonn~ent in default or failure to pay diynt, bridal-al-sulh, nrsy or compensation
12Sentence in case of conviction of several offences at one trial
13Criminal jurisdiction of Syar'ie Judge

Other General Provisions

Chapter I

14Assistance to Syar'ie Judge, Religious Enforcement Officer and police officer
15Aid to persons other than Religious Enforcement Officer or police officer executing warrant
16Religious Enforcement Officer and police officer bound to report certain matters

Chapter II

17How arrest is made
18Search of place entered by person sought to be arrested
19Search of person in place searched under warrant
20Power to break open any place for liberation
21Mode of searching person
22Search of persons arrested
23Power to seize offensive weapons
24Search of person for name and address
25Arrest without warrant
26Arrest without warrant by officer of customs
27Darussalam
28Pursuit of offenders
29Arrest by private persons
30hours
31Release of person arrested
32Offence commited in presence of Syar'ie Judge
33Arrest by or in presence of Syar'ie Judge
34Power to pursue and re-arrest
35Sections 18 and 20 apply to arrest under section 34

Chapter III

36Form of summons and by whom served
37Mode of service of summons
38Procedure when personal service cannot be effected
39Proof of service
40Form of warrant of arrest
41Syariah Court may by indorsement on warrant direct security to be taken
42Warrant, to whom directed
43Notification of substance of warrant
44Person arrested to be brought before Syariah Court without delay
45Proclamation for person absconding
46Attachment of property of person proclaimed
47Restoration of attached property
48Issue of warrant in lieu of or in addition to summons
49Service or execution in Brunei Darussalam
50Power to take bond for appearance
51Arrest on breach of bond for appearance

Chapter IV

52Sumn~ons to produce document or other things
53Procedure as to postal articles etc.
54Sections 36 to 39 to apply
55When search warrant may be issued
56Power to restrict search warrant
57Form of search warrant
58Search for person wrongfully confined
59Person in charge of closed places to allow search
60Syar'ie Judge issuing search warrant may attend at its execution
61Syar'ie Judge may direct search in his presence
62Powers of search and seizure without warrant
63List of all things seized to be made and signed
64Occupant to be present at search

Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate

65Powers of Religious Enforcement Officers and police officers
66Information of offences
67Duty of Religious Enforcement Officers and police officers to investigate offences
68~ o d y samples
69Persons permitted to take body samples
70Interpretation, re sections 68 and 69
71Breath tests
72Provision of specimen for analysis
73Evidence in proceedings for offences under section 104 of S 6912013
74Public not to have right to compel Religious Enforcement Officer or police officer to investigate alleged offences
75Admission of certified copy of information as evidence
76Procedure where seizable offence suspected
77Power to require attendance of witnesses
78Examination of witnesses by Religious Enforcement Officers or police officers
79Statement to Religious Enforcement Officer or police officer
80No inducement etc. to be used
81Proof by written statement
82Failure to account for objects, substances or marks
83Failure to account for presence
84(1) Subject to the provisions of any other written law, where in any criminal proceedings against a person for an offence, evidence is gi...
85Interpretation and savings
86Power to record statement and ikrar
87Search by Religious Enforcement Officers or police officers
88Religious Enforcement Officer or police officer may require bond for appearance of complainant and witness
89Surrender of travel documents
90Return of travel documents
91Diary of proceedings in investigation
92Institution of criminal proceedings

Proceedings in Prosecution

93Syar'ie Judge take cognisance of offences other than offences punishable with hndd

Chapter II

94Examination of complainant
95Postponement of issue of process
96Dismissal of complaint
97Issue of process

Chapter IIL

99Form of charge
100Particulars as to time, place and person
101When manner of committing offence must be stated
102Sense of words used in charge to describe offences
103Effect of errors
104Syariah Court may amend charge
105Procedure when there is imperfect or erroneous charge
106When trial may proceed immediately after amendment
107When new trial may be directed or trial adjourned
108Stay of proceedings if prosecution of offence on amended charge requires prior sanction
109Recall of witness when charge amended
110Effect of material error
111Separate charge for distinct offences
112Trial of offences
113Trial for more than one offence
114Where it is doubtful what offence has been committed If a single act or series of acts is of such a nature that it is doubtfbl which of sev...
115When person charged with one offence may be convicted of another offence
116Person charged with offence may be convicted of attempt
117Person charged with offence may be convicted of another
118When persons may be charged jointly
119Withdrawal of remaining charges on conviction on one of several charges
120Person tried before Syariah High Court
121'an
122Trial of offences punishable with death and certain other offences

Chapter V

123Procedure in trial
124Power to discharge conditionally or unconditionally
125Address
126Power to award compensation
127Particulars to be recorded
128Transfer of cases

Chapter VI

129Withdrawal of prosecution
130Accused may be defended
131Assistance to undefended accused
132Procedure if accused is called to defend himself
133Procedure where accused does not understand proceedings
134Power to postpone or adjourn inquiry or trial
135Change of Syar'ie Judge during inquiry or trial
136Detention of offenders attending in Syariah Court
137Power to view
138General holiday or public holiday

Chapter VII

139Evidence to be taken in presence of accused
140Recording evidence of witness
141Record in all cases
142Mode of recording evidence
143Interpretation of evidence to accused
144Observation as to demeanour of witness
145Other person may also be authorised to take down notes of evidence
146Evidence through live video or live television links
147Video recordings of evidence from child witnesses
148Cross-examination of alleged child victim
149Rules of Syariah Court for sections 146 and 147

Chapter VIII

150(1) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the Syariah Court th...
151Mode of delivering judgment
152Judgment not to be altered
153Judgment to be explained and copy supplied
154Coi~firmation of sentence before execution
155Syariah Court decision on confirmation
156Submission of record of proceedings for purpose of confirmation
157Additional evidence
158Order on certified decision

Chapter X

159Submission of sentence of death
160Submission of sentence of death other than sentence of death under section 159
161Submission of qisns sentence for hurt
162Direction by His Majesty the Sultan and Yang Di-Pertuan shall not be called in question
163His Majesty the Sultan and Yang Di-Pertuan not compellable to attend Syariah Court

Chapter XI

164Death sentence
165Warrant of commitment
166Warrant of execution of death sentence or stoning in offences of hndd or qisas
167Presence of wali-ad-dam of victim during execution of death sentence
168Presence of wali-ad-dam of victim who is gltaib during execution of sentence
169(1) In the case of qatlul- 'amd, a wali-ad-dam who is mukallaf may, at any time before the execution of the sentence, pardon qisas on the o...
170Compounding of qisas
171Warrant of execution of death sentence in offences other than hadd or qisas
172Procedure of execution of death sentence or stoning
173Additional procedures on execution of stoning
174Expenses for handling of body of offender
175Execution of sentence of amputation of hand and foot
176Compounding of sentence
177Execution of qisisas in cases of hurt
178Postponement of execution of sentence for pregnant woman
179Sentence of whipping
180Execution of sentence
181Postponement of sentence other than death or stoning
182Confirmation of medical officer before execution of sentence
183Medical treatment after sentence
184Provisions as to execution of sentence of imprisonment
185Commencement of sentence of imprisonment on prisoner already undergoing imprisonment
186Who may issue warrant
187Return of warrant
188Saving for irregularity
189Place of execution of sentence
190Distribution of diyat
191Period for payment of diyat
192Badal-a/-sulh, arsy or compensation to be paid to wali-ad-dam or victim
193Provisions as to sentences of diyat, badal-al-sullr, arsy or compensation
194Termination of imprisonment when diyat, badal-a/-sulh, arsy or compensation paid
195Provisions as to sentences of fine
196Termination of imprisonment when fine paid
197Suspension of execution in certain cases
198Child offender who is mumaiyiz but not baligh
199Release of offender on probation
200Conditions of bond
201Sentence of Religious Enforcement Officer or police supervision
202Requirements from persons subject to supervision
203Penalty for non-compliance with section 202

Chapter XII

204Order to repent and order of acquittal of sentence
205Order of detention for repentance, acquittal and execution of sentence
206Postponement of order of execution of death sentence
207Repentance while undergoing sentence and order of acquittal
208Counselling

Chapter XIII

209Person once convicted or acquitted not to be tried again for same offence
210Plea of previous acquittal or conviction

Appeal and Revision

211Dissatisfied party may appeal
212When ikror of guilt limits right of appeal
213Leave to appeal
214Procedure for appeal
215Transmission of appeal record
216Summary rejection of appeal
217Appeal specially allowed in certain cases
218Stay of execution pending appeal
219Setting down appeals on list
220Procedure at hearing
221Respondent not present
222Arrest of respondent in certain cases
223Decision on appeal
224Order to take further evidence
225Judgment
226Certificate and consequence of judgment
227Death of accused
228Grounds for reversal of judgment of Syariah Subordinate Court
229Costs

Chapter 11

230Jurisdiction of Syariah Appeal Court
231When ikrar of guilt limits right of appeal
232Appeal by Chief Syar'ie Prosecutor against acquittal
233On appeal against acquittal, accused may be arrested
234Appeal against sentence
235Notice of appeal
236Record of proceedings
237Petition of appeal
238
239Transmission of appeal record
240Appeal specially allowed in certain cases
241Groulldless appeals
242Preparation of case
243Setting down appeals on list
244Appellant may be present
245Respondent not present
246Powers of Syariah Appeal Court
247Additional evidence
248Judgment
249Judgment of appeal for offences punishable with death and certain other offences
250Grounds for allowing appeal
251Supplementary provisions as to appeal against sentence
252Where appeal allowed
253Alternative offence
254Retrial
255Supplementary provisions as to retrial
256Special finding
257Finding of insanity or disability
258Appeal against finding of insanity
259Appeal under section 258
260Order on disposal of appeal under section 258
261Right of appeal if person found incapable of making defence
262Disposal of appeal under section 261
263Effect of appeal on sentence
264Appeal not to be allowed on certain grounds
265Stay of execution pending appeal
266Bail
267Restitution
268Judgment to be certified to trial court
269Death of accused
270Court on grounds of public interest
271Rules and orders
272Reservation of points of law
273Determination and power thereon
274Power to call for records of Syariah Subordinate Courts
275Power to order further inquiry
276Powers on revision
277Permission for parties to appear
278Order on revision
279Interpretation of this Chapter
280Reference to Syariah Appeal Court
281Notice of reference to be served on respondent
282Withdrawal or amendment of reference
283Hearing
284Costs
285Reference not to affect trial
286Reservation by Syariah High Court Judge
287Powers of His Majesty the Sultan and Yang Di-Pertuan
288Summary procedure for offences committed in Syariah Court
289Record of facts constituting offence
290Alternative procedure
291Power to remit punishment
292Refusal to give evidence
293Appeal

Special Proceedings

294In this Chapter, the words "cause of death" include not only the apparent cause of death as ascertainable by inspection or post-mortem exam...
295Duty of Religious Enforcement Officer or officer in charge of police station
296Duty of officer to arrange for post-mortem examination in certain cases
297Post-mortem examination of body
298Report of medical officer
299Duty of Syariah Subordinate Court Judge on receipt of report
300Death of person in custody of Religious Enforcement Officer or police officer or in any psychiatric facility
301Powers of Syariah Subordinate Court Judge
302Syariah Subordinate Court Judge may view body
303Inquiries to be made by Syariah Subordinate Court Judge
304Evidence and finding to be recorded
305Powers of Chief Syar'ie Prosecutor as to inquests
306Admissibility of medical report in certain cases
307Procedure where accused is suspected to be of unsound mind
308Release of person of unsound mind pending investigation or trial
309Inquiry or trial
310Defence of insanity on trial
311Order for detention
312Visiting of prisoners of unsound mind
313Procedure when prisoner of unsound mind reported able to make defence
314Procedure where person of unsound mind appears to be fit for discharge
315Delivery of person of unsound mind to care of relative
316Conditional discharge of person who have been of unsound mind
317Chief Syar'ie Prosecutor
318No person to appear for Chief Syar'ie Prosecutor
319Conduct of prosecutions
320Power of Chief Syar'ie Prosecutor to enter nolleprosequi
321Judge to take further evidence
322Chief Syar'ie Prosecutor may alter charge and give instructions
323Bail may be discretionary or obligatory
324Duty and discretion to admit bail
325Amount of bond
326Bond to be executed
327Person to be released
328When warrant of arrest may be issued against person bailed
329Sureties may apply to have bond discharged
330Appeal
331Deposit instead of bond
332Procedure on forfeiture of bond
333Any person aggrieved by any order of any Syariah Court made under this Chapter may appeal to the Syariah Court to which an appeal ordinaril...
334Procedure where person able to give material evidence is dangerously ill
335When witness not required to attend
336How previous conviction or acquittal may be proved
337Record of evidence in absence of accused
338Notice of alibi
339Order for custody and disposal of property in certain cases
340Direction in lieu of order
341Payment to innocent person of money found on accused
342Stay of order
343Forfeiture and destruction of document or thing
344Restoration of possession of immovable property
345Procedure by Religious Enforcement Officer or police officer on seizure of property
346Procedure where no claim established
347Procedure where owner unknown
348Order suspended pending appeal
349Power of Syariah High Court to transfer cases
350Application for transfer to be supported by affidavit

Chapter IX

351Procedure when ikrar or statement irregularly taken
352Omission to frame charge
353Irregularities not to vitiate proceedings
354Power of Chief Syar'ie Judge to dispense with provisions of this Code
355Unlawful distress: irregularity no trespass
356Persons not to be tried for offences already disposed of by civil court
357Proof of outcome of civil trial

General

358Affidavit
359Power of Syariah Court to summon and examine persons
360Order for payment of compensation
361Provisions as to compensation
362Copies of proceedings
363Payment of expenses of witnesses
364The Chief Syar'ie Judge may, with the approval of His Majesty the Sultan and Yang Di-Pertuan. make rules for the following matters -
365Certificate of Syariah Subordinate Court Judge
366Reward for unusual exertion
367Compensation for family of person killed in arresting
368Recovery of money payable under order
369Superior police officer may exercise powers of subordinate officers
370Power of Religious Enforcement Officer and police officer to seize property suspected as outcome of sariqalz, hirabalz or glzasab
371Person released on bail to give current address for service
372Compensation for giving in charge groundlessly
373Syar'ie Judge not to act where interested
374Public servant not to bid at sales under this Code
375Forms
376Application of fines
377Rules
378Hukum Syara' to be applied if no provision
379Temporary application in pending cases

Schedules

SCHEDULE 1 (sections 2(l) and 323(1)(b))
Schedule of Offences Under Syariah Penal Code Order, 201 3 (S 691201 3) Part 111 -Abetment Section 41 42 43 45 2 Offence Abetment and If A...
Schedule 2 (Sections 272(2) and 375) Forms Form I in The............................. Court At......................................... R...
SCHEDULE 4 (section 1 75(3)) AMPUTATION OF LEFT FOOT Syaricrh Courts C'rin~inal Procedure Code…
SCHEDULE 6 (section 179(e) and (0) EXECUTION OF SENTENCE OF WHIPPING Syar ia h Courts 326 Crinzinul Procedure Code
SCHEDULE 7 (section 204(a)) CONDITIONS AND LAFAZ OF REPENTANCE Conditions for offender who desires to repent, whether Muslim or non-Muslim...

Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Chapter 11

285. Reference not to affect trial

No plain-English summary for s 285 yet. See the rest of this law

Official textFrom Attorney General's Chambers, unchanged

A reference shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

reference

Defined · s 279

"reference" means a reference of a point of law to the Syariah Appeal Court under this Chapter.

Open s 279

Terms defined in s 279

reference
Defined · s 279
"reference" means a reference of a point of law to the Syariah Appeal Court under this Chapter.
Open s 279

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Syariah Courts Criminal Procedure Code · s 285

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Attorney General's Chambers · Syariah Courts Criminal Procedure Code, 2021 Revised Edition. Reader record updated on 2 Oct 2026.

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