Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
Section 84
Official textFrom Attorney General's Chambers, unchanged
( 1 ) Subject to the provisions of any other written law, where in any criminal proceedings against a person for an offence, evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact. being a fact which in the circumstailces existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the
offence
"offence" means any act or omission made punishable by this Code or any other written law for the time being in force;
Syariah Court, in determining whether -
to commit the accused for trial or there is a case to answer;
and
the accused is guilty of the offence charged,
S'x-wialt Courts
Criminal Procedure Code
CAP. 224 65
may draw such inferences adverse to the accused from the failure as appear proper, and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.
In subsection (I), "officially informed" means informed by a
Religious Enforcement Officer, police officer or any other person charged a with the duty of investigating offences or charging offenders.
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Nothing in subsection (1) or (2) shall in any criminal proceedings -
prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his presence relating to the conduct in respect of which he is charged, in so far as evidence thereof would be admissible apart from those subsections;
or
be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.
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;
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Proceedings in Prosecution
Chapter II
Chapter IIL
Chapter V
Chapter VI
Chapter VII
Chapter VIII
Chapter X
Chapter XI
Chapter XII
Chapter XIII
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Appeal and Revision
Chapter 11
Part
Special Proceedings
Chapter IX
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