Skip to content
Contents

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

68. ~ o d y samples

(1)

A Religious Enforcement Oflicer or police officer making an investigation under this Chapter may cause a body sample of a person to be obtained for forensic analysis if he has reasonable cause to believe that the body sample may support whether or not that person was involved in an offence.

a

(2)

If a person's appropriate consent for a body sample to be taken is refused without good cause or cannot be obtained despite all reasonable efforts, that person may be taken before a Syar'ie Judge who may, if satisfied that there is reasonable cause to believe that the body sample may support whether or not that person was involved in an offence, order that that person provide the body sample required.

(3)

Where it is shown that such person's appropriate consent was refused without good cause, the Syariah Court, in determining whether -

((I) there is a case to answer against him; or

(b)

he is guilty of the offence with which he has been charged.

may draw such inference from that refusal as it thinks proper and, based on such inference, may treat that refusal as corroboration or as amouilting to corroboration of any relevant evidence against him.

(4)

A body sample under this section is qarinah.

Report