Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Special Proceedings
295. Duty of Religious Enforcement Officer or officer in charge of police station
Official textFrom Attorney General's Chambers, unchanged
If a Religious Enforcement Officer or an officer in charge of a police station receives information that -
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
a person has committed suicide;
a person has been killed by another, or by an animal, or by machinery. or by an accident;
a person has died under circumstances in which some other person may have committed an offence; or
a person has died or has disappeared in circumstances which raise reasonable presumption that he has died, and the cause of such death or presumed death is not known, he shall immediately give information thereof to a Syariah Subordinate
Court Judge and shall himself immediately proceed or shall direct some other Religious Enforcement Officer or police officer immediately to proceed to the place where the body of such deceased person is, or, if the body has disappeared, to the place where the deceased person was last seen alive, and there shall make an investigation and draw up a report of the apparent cause of death, describing, if the body is available, such wounds.
fractures. bruises. and other marks as may be found thereon. and stating in what manner or by what weapon or instrument (if any) the same appear to
B.L.R.O. -1:202/
Sjluriah Courts 162 CAP.
Criminal Procedure Code have been indicted, and, whether the body is available or not, giving an account of such objects and circumstances as in his opinion may relate to the cause of death or the person (if any) who caused the death.
If no Religious Enforcement Officer or police officer is available to make the investigation required by subsection (I), a Syariah Subordinate
police officer
"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;
Court Judge may direct a fit and proper person (hereinafter referred to as an authorised officer) to cany out such investigation and to draw up the report and forward it to the Chief Religious Enforcement Officer or officer in charge of the police station.
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
If the Syariah Subordinate Court Judge is satisfied that no useful purpose would be served by any person proceeding to the place where the body is or, if the body has disappeared, to the place where the body was last seen alive. he may by order in writing under his hand dispense with such requirement.
Any Religious Enforcement Officer, police officer or authorised officer making an investigation under this section may exercise all the powers granted to a Religious Enforcement Officer or police officer under the provisions of Part 4.
A report of such investigation shall be made and signed by the
Religious Enforcement Officer or officer in charge of the police station and forwarded by him to the Syariah Subordinate Court Judge.
If as a result of the investigation such officer drafts a charge under section 92 in respect of the death of such person, he shall forward the report to the Chief Syar'ie Prosecutor and shall illform the Syariah
Subordinate Court Judge in writing of the commencement of such proceedings.
Terms defined in this Act
cause of death
Defined · s 294"cause of death" include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.
Chief Religious Enforcement Officer
Defined · s 2"Chief Religious Enforcement Officer" means the Chief Religious Enforcement Officer appointed under section 26 of the Syariah Courts Act;
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
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;