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LAWS OF BRUNEI
CHAPTER 7
CRIMINAL PROCEDURE CODE
16 of 1951
(Cap. 7 of 1951)
1984 Ed. Cap. 7
Amended by
7 of 1953
8 of 1953
1 of 1955
2 of 1957
1 of 1958
S 5/59
S 99/59
S 100/59
2 of 1960
3 of 1966
S 140/81
11 of 1982
S 39/84
S 7/85
S 37/87
S 4/88
S 27/88
S 48/89
S 23/91
S 13/93
S 16/95
S 30/99
S 44/99
REVISED EDITION 2001
(1st October 2001)
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Chapter I
1............ Citation and application.
2............ Interpretation.
3............ Trial of offences under Penal Code and against other laws.
4............ Saving of powers of Supreme Court.
PART II
CONSTITUTION AND POWERS OF CRIMINAL COURTS
Chapter II
Criminal Courts Generally
5............ Classes of Criminal Courts.
6............ Court to be open.
7............ Jurisdiction.
8............ Powers of Courts.
9............ Offences under other laws.
10............ Sentences which High Court may pass.
11............ Sentences which Magistrates’ Courts may pass.
12............ Power of magistrates to sentence to imprisonment in default of fine.
13............ Sentence in case of conviction of several offences at one trial.
13A. Taking outstanding offences into consideration.
14............ Criminal jurisdiction of magistrates.
PART III
GENERAL PROVISIONS
Chapter III
Aid and Information to Magistrates and Police and Persons making Arrests
15............ Public when to assist magistrates and police.
16............ Aid to persons other than police officer executing warrant.
17............ Public to give information of certain matters.
18............ Police officer bound to report certain matters.
Chapter IV
Arrest, Escape and Re-taking
19............ Arrest, how made.
20............ Search of place entered by persons sought to be arrested.
21............ Search of persons in place searched under warrant.
22............ Power to break open any place for purposes of liberation.
23............ Mode of searching women.
24............ Search of persons arrested.
25............ (No section).
26............ Power to seize offensive weapons.
27............ Search of person for name and address.
28............ When police officer may arrest without warrant.
29. Refusal to give name and residence or naming a residence out of Brunei Darussalam.
30............ Person arrested by District Officer, how dealt with.
31............ Pursuit of offenders.
32............ Arrest by private persons.
33............ How person arrested is to be dealt with.
34............ Release of person arrested.
35............ Offence committed in magistrate’s presence.
36............ Arrest by or in presence of magistrate.
37............ Power on escape to pursue and re-take.
38............ Provisions of sections 20 and 22 to apply to arrests under section37.
Chapter V
Processes to Compel Appearance
Summons
39............ Form of summons; by whom served.
40............ Service of summons.
41............ Procedure when personal service cannot be effected.
42............ Proof of service.
Warrant of Arrest
43............ Form of warrant of arrest.
44............ Court may by indorsement on warrant direct security to be taken.
45............ Warrants, to whom directed.
46............ Notification of substance of warrant.
47............ Person arrested to be brought before Court without delay.
48............ (No section) .
Proclamation and Attachment
49............ Proclamation for person absconding.
50............ Attachment of property of person proclaimed.
51............ Restoration of attached property.
Other Rules Regarding Summonses to Appear and Warrants of Arrest
52............ Issue of warrant in lieu of or in addition to summons.
53............ Service and execution in any part of Brunei Darussalam.
54............ Power to take bond for appearance.
55............ Arrest on breach of bond for appearance.
Chapter VI
Processes to Compel the Production of Documents and Other Movable Property and for the Discovery of Persons Wrongfully Confined
56............ Summons to produce document or other thing.
57............ Procedure as to postal articles etc.
58............ Provisions of sections 39 to 42 to apply.
Search Warrants
59............ When search warrant may be issued.
60............ Power to restrict warrant.
61............ Search of place suspected to contain stolen property, forged documents etc.
62............ Form of search warrant.
63............ Search for persons wrongfully confined.
64............ Persons in charge of closed places to allow search.
65............ Magistrate issuing search warrant may attend at its execution.
66............ Magistrate may direct search in his presence.
67............ Search without warrant.
68............ (No section).
69............ List of all things seized to be made and signed.
70............ Occupant may be present at search.
PART IV
PREVENTION OF OFFENCES
Chapter VII
Security for Keeping the Peace and for Good Behaviour
71............ Security for keeping the peace on conviction.
72............ Security for keeping the peace in other cases.
73............ Security for good behaviour from suspected persons, vagrants and persons, disseminating seditious matter.
74............ Security for good behaviour from habitual offenders.
75............ Summons or warrant if required.
76............ Form of summons or warrant.
77............ Inquiry to be held.
78............ Order to give security.
79............ Discharge of persons informed against.
Proceedings in all Cases Subsequent to Order to
Furnish Security
80............ Commencement of period for which security is required.
81............ Contents of bond.
82............ Power to reject sureties.
83............ Imprisonment in default of sureties.
84............ Power to release person imprisoned for failing to give security.
85............ Magistrate to report in cases in which the security has been ordered by a superior Court.
86............ Discharge of security.
Chapter VIII
Unlawful Assemblies
87............ Unlawful assembly may be ordered to disperse by magistrate etc.
88............ When unlawful assembly may be dispersed by use of civil force.
89............ Use of military force.
90............ Magistrate may require any officer in command of troops to disperse unlawful assembly.
91............ When commissioned officer may disperse unlawful assembly by military force.
92............ Protection against prosecution for acts done under this Chapter.
Chapter IX
Public Nuisances
93............ Magistrate may make conditional order for removal of nuisance.
94............ Such order to be served or notified.
95............ Person against whom such order is obeyed or made to appear and show cause.
96............ Consequence of failure to do so.
97............ Procedure on appearance to show cause.
98............ Procedure on order being made absolute.
99............ Consequence of disobedience to order.
100............ Injunction pending final decision.
101............ Power to prohibit repetition or continuance of public nuisance.
Chapter X
Temporary Orders in Urgent Cases of Nuisance
102............ Power to issue order absolute at once in urgent cases.
Chapter XI
Disputes as to Immovable Property
103............ Procedure where dispute concerning land etc. is likely to cause breach of peace.
104............ Power to attach subject of dispute.
105............ Disputes concerning rights over land or water.
106............ Order as to costs.
Chapter XII
Preventive Action of the Police
107............ Police to prevent offences.
108............ Information of design to commit offences.
109............ Arrest to prevent such offences.
110............ Prevention of injury to public property.
PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Chapter XIII
111............ Information of offences.
112............ Duty of Police to investigate offences.
113............ Public not to have right to compel police officer to investigate alleged offences.
114............ Exercise of special powers.
115............ Police officer’s power to require attendance of witnesses.
116............ Examination of witnesses by police.
117............ Statements to police officer.
117A. Notice of alibi.
117B. Proof by written statement.
117C. Proof by formal admission.
117D. Failure to account for objects, substances or marks.
117E. Failure to account for presence.
117F. Interpretation and savings.
118............ Circumstances in which inferences may be drawn from accused’s failure to mention particular facts when charged etc.
119............ Power to record statements and confessions.
120............ Search by police officer.
121............ Police officer may require bond for appearance of complainant and witnesses.
122............ Diary of proceedings in police investigation.
123............ Report of police officer.
PART VI
PROCEEDINGS IN PROSECUTIONS
Chapter XIV
The Jurisdiction of Criminal Courts in
Inquiries and Trials
124. — 130............ (No sections).
Conditions Requisite for Initiation of Proceedings
131............ Power to take cognisance of offences.
132............ Sanction required for prosecution for certain offences.
Chapter XV
Complaints
133............ Examination of complainant.
134............ Postponement of issue of process.
135............ Dismissal of complaint.
Chapter XVI
The Commencement of Proceedings
136............ Issue of process.
137............ Personal attendance of accused may be dispensed with.
Chapter XVII
Preliminary Inquiries into Cases Triable by the
High Court
138............ Procedure in inquiries preparatory to commitment.
139............ Commital for trial where accused wishes to plead guilty.
140............ Hearing and taking of evidence for prosecution.
141............ When accused person to be discharged.
142............ When charge to be framed.
143............ Committal of accused if defence reserved. Hearing and evidence for defence.
144............ Discharge or committal of accused.
145............ List of witnesses for defence on trial.
146............ Bond of witnesses.
147............ Record to be forwarded to Court of trial.
148............ Power to summon supplementary witnesses.
149............ Custody of accused pending trial .
150............ (No section).
151............ Addresses.
151A. Committal for trial without consideration of the evidence.
151B. Written statements in lieu of depositions.
Chapter XVIII
The Charge
152............ Form of charge.
153............ Particulars as to time, place and person.
154............ When manner of committing offence must be stated.
155............ Sense of words used in charge to describe offence.
156............ Effect of errors.
157............ Procedure on commitment on imperfect charge.
158............ Court may alter or add to charge.
159............ When trial may proceed immediately after alteration or addition.
160............ When new trial may be directed or trial suspended.
161............ Stay of proceedings if prosecution of offence in altered charge requires previous sanction.
162............ Recall of witnesses when charge altered.
163............ Effect of material error.
164............ Separate charges for distinct offences.
165............ Trial of offences.
166............ Trial for more than one offence.
167............ Where it is doubtful what offence has been committed.
168............ When a person charged with one offence can be convicted of another.
169............ Person charged with an offence can be convicted of the attempt.
170............ Person charged with an offence can be convicted of another.
171............ When persons may be charged jointly.
172............ Withdrawal of remaining charges on conviction on one of several charges.
173............ Form of charges.
Chapter XIX
Trials without the Aid of Assessors
174............ Procedure.
175............ Charge to be read and explained. Conviction on plea of guilty.
176............ Procedure when no admission is made.
177............ When no prima facie case.
178............ When prima facie case.
179............ Defence.
180............ Summoning witnesses.
181............ Acquittal, and sentence on conviction.
182............ Non-appearance of complainant.
183............ Non-appearance of accused.
184............ Addresses.
185............ (No section).
186............ Withdrawal of prosecution.
187............ Power to award compensation.
188............ Particulars to be recorded.
189............ Transfer of cases.
189A. Committal of accused to High Court for sentence.
Chapter XX
Trials of Capital Offences
190............ Trial of Capital and certain other offences.
191. — 205............ (Repealed).
Chapter XXI
Assessors
206. — 215............ (Repealed).
Chapter XXII
General Provisions as to Inquiries and Trials
216............ Statement or evidence of accused.
217. — 219............ (No sections).
220............ Assistance to undefended accused.
221............ Case for prosecution to be explained by Court to accused.
222............ Procedure where accused does not understand proceedings.
223............ Power to postpone or adjourn proceedings.
224............ Compounding offences.
225............ (No section).
226............ Change of magistrate during hearing or inquiry.
227............ Detention of offenders attending in Court.
228............ Power to view.
229............ Sunday or public holiday.
Chapter XXIII
Mode of Taking and Recording Evidence in Inquiries and Trials
230............ Evidence to be taken in presence of accused.
231............ Manner of recording evidence.
232............ Record of trial.
233............ Mode of recording evidence.
234............ Reading over evidence and correction.
235............ Interpretation of evidence to accused.
236............ Remarks as to demeanour of witness.
236A. Judge to take notes of evidence.
236B. Evidence through television links.
236C. Video recordings of evidence from child-witnesses.
236D. Rules of court for sections 236B and 236C.
236E. Cross-examination of alleged child victim.
Chapter XXIV
Judgment
237............ Mode of delivering judgment.
238............ No sentence of death on person under 18 years of age.
239............ Judgment of death.
240............ Judgment not to be altered.
241............ Judgment to be explained to accused and copy supplied.
242. — 243............ (No sections).
Chapter XXV
Submission of Sentences of Death to His Majesty
244............ Submission of sentence of death to His Majesty.
Chapter XXVI
Execution of Sentences
245............ Execution of sentences of death.
246............ Procedure where it is alleged that a woman convicted of a capital offence is pregnant.
247............ Persons of unsound mind.
248............ Procedure at execution.
249............ Escape of prisoner.
250............ Saving for irregularity.
251............ (No section).
252............ Execution of sentences of imprisonment.
253............ Provisions as to sentences of fine.
254............ Imprisonment in default.
255............ Termination of imprisonment when fine paid.
256............ Allowing time to pay fine and suspending execution of imprisonment.
257............ Mode of executing sentence of whipping.
258............ Certain persons not punishable with whipping.
259............ Medical certificate required.
260............ Procedure if whipping cannot be inflicted.
261............ Commencement of sentence of imprisonment on prisoner already undergoing imprisonment.
262............ Youthful offenders.
263............ Release on probation of offender.
263A. Probation subject to conditions.
264............ Sentence of police supervision.
265............ Requirements from persons subject to supervision.
266............ Penalty for non-compliance with section 265.
267............ Warrant, by whom issuable; return of warrant.
268............ Saving for powers of His Majesty.
Chapter XXVII
Previous Acquittals or Convictions
269............ Person once convicted or acquitted not to be tried again for same offence.
270............ Plea of previous acquittal or conviction.
PART VII
APPEALS, REFERENCE AND REVISION
Chapter XXVIII
Appeals
271............ Dissatisfied person may appeal.
272............ Procedure.
273. — 274............ (No sections).
275............ Appeal against acquittal.
276............ Copy of record and petition to be sent to appellate Court.
277............ Summary rejection of appeal.
278............ Appeal specially allowed in certain cases.
279............ Stay of execution pending appeal.
280............ Setting down appeals.
281............ Procedure at hearing.
282............ Non-appearance of respondent.
283............ Arrest of respondent in certain cases.
284............ Appeal from acquittal.
285............ Appeal from conviction.
285A. Appeal as to sentence.
286............ Appeal from other order.
287............ Order to take further evidence.
288............ Judgment.
289............ Certificate and consequence of judgment.
290............ Death of accused.
291............ Grounds for reversal of judgment of Magistrates’ Court.
291A. Reference to Court of Appeal from Magistrates’ Court on grounds of public interest.
292............ Costs.
293............ Copies of proceedings.
Chapter XXIX
Reference and Revision
294............ Reservation of points of law.
295............ Determination and power thereon.
296............ Power to call for records of Inferior Courts.
297............ Power to order further inquiry.
298............ Powers on revision.
299............ Permission for parties to appear.
300............ Orders on revision.
301............ (No section).
PART VIII
SPECIAL PROCEEDINGS
Chapter XXX
Inquests
302............ Meaning of “cause of death”.
303............ Duty of officer in charge of station.
304............ Duty of officer to arrange for post-mortem examination in certain cases.
305............ Post-mortem examination of body.
306............ Report of medical officer.
307............ Duty of magistrate on receipt of report.
308............ Death of a person in custody of police or in any asylum.
309............ Powers of magistrate.
310............ Magistrate may view body.
311............ Inquiries to be made by magistrate.
312............ Evidence and finding to be recorded.
313............ Powers of Pubic Prosecutor and High Court as to inquests.
314............ Admissibility of medical report in certain cases.
314A. Procedure where jury has been summoned.
Chapter XXXI
Persons of Unsound Mind
315............ Procedure where accused is of unsound mind.
316............ Certificate of medical officer.
317............ Release of person of unsound mind pending investigation or trial.
318............ Inquiry or trial.
319............ Defence of lunacy at preliminary inquiry.
320............ Defence of lunacy on trial.
321............ Order for detention.
322............ Visiting of prisoners of unsound mind.
323............ Procedure when prisoner of unsound mind reported able to make defence.
324............ Procedure where person of unsound mind appears to be fit for discharge.
325............ Delivery of person of unsound mind to care of relative.
325A. Conditional discharge of person who have been of unsound mind.
Chapter XXXII
Proceedings in Case of Certain Offences Affecting the Administration of Justice
326............ Procedure in certain cases mentioned in section 132.
327............ Power of Courts in certain offences committed before themselves.
328............ Summary procedure for offences committed in Court.
329............ Record of facts constituting the offence.
330............ Alternative procedure.
331............ Power to remit punishment.
332............ Refusal to give evidence.
333............ Appeal.
334............ (No section).
Chapter XXXIII
(No Chapter)
335. — 340A. (No sections).
Chapter XXXIV
Directions of the Nature of a Habeas Corpus
341............ Power of Court to make certain orders.
342............ Form of application.
343............ Warrant.
344............ Attendance of prisoner in criminal case.
345............ Appeal.
PART IX
SUPPLEMENTARY PROVISIONS
Chapter XXXV
Bail
346............ Bail may be discretionary or obligatory.
347............ Duty and discretion to admit bail.
348............ Amount of bond.
349............ Bond to be executed.
350............ Person to be released.
351............ When warrant of arrest may be issued against person bailed.
352............ Sureties may apply to have bond discharged. Procedure subsequent thereto.
353............ Appeal.
Chapter XXXVI
Provisions as to Bonds
354............ Deposit instead of bond.
355............ Procedure on forfeiture of bond.
356............ Appeal.
Chapter XXXVII
Disposal of Property the Subject of Offences
357............ Order for custody and disposal of property in certain cases.
358............ Direction in lieu of order.
359............ Payment to innocent person of money found on accused.
360............ Stay of order.
361............ Destruction of libellous and other matter.
362............ Restoration of possession of immovable property.
363............ Procedure by police on seizure of property.
364............ Procedure where no claim established.
365............ Procedure where owner unknown.
365A. Order suspended pending appeal.
Chapter XXXVIII
Transfer of Criminal Cases
366............ Power to transfer cases.
367............ Application for transfer.
Chapter XXXIX
Irregularities in Proceedings
368............ (No section).
369............ Procedure when confession irregularly taken.
370............ Omission to frame charge.
371............ Irregularities not to vitiate proceedings.
372............ Power of Chief Justice to dispense with provisions of Code.
373............ Unlawful distress; irregularity no trespass.
Chapter XL
The Public Prosecutor
374............ Public Prosecutor and Deputies.
375............ Conduct of prosecutions.
376............ Public Prosecutor may call for police report of record of preliminary inquiry.
377............ Power of Public Prosecutor to enter nolle prosequi.
378............ When Public Prosecutor may direct magistrate to take further evidence.
379............ Public Prosecutor may alter charge and give instructions.
Chapter XLI
Miscellaneous
380............ Affidavits, before whom sworn.
380A. When witness not required to attend.
381............ Power of Court to summon and examine persons.
382............ Order for payment of costs of prosecution and compensation.
383............ Payment of expenses of prosecutors and witnesses.
384............ Rules as to rates of payment.
385............ Certificate of magistrate.
386............ Reward for unusual exertion.
387............ Compensation for family of person killed in arresting.
388............ Recovery of money payable under order.
389............ Superior police officer may exercise powers of subordinate officers.
390............ Power of police to seize property suspected of being stolen.
391............ Person released on bail to give address for service.
392............ Power to compel restoration of abducted persons.
393............ Compensation for giving in charge groundlessly.
394............ Magistrate not to act where interested.
395............ Public servants not to bid at sales under this Code.
396............ When receivers etc. charged, evidence of other cases allowed.
397............ When evidence of previous conviction may be given.
398............ Forms.
399............ Application of fines.
400............ Power to make rules and frame forms.
PART X
JURISDICTION OF COURT OF APPEAL
Chapter XLII
Review of Sentences
401............ Interpretation of Chapter XLII.
402............ Application for review of sentence to Court of Appeal.
403............ Review of sentence.
404............ Limitation.
Chapter XLIII
Reference
405............ Interpretation of Chapter XLIII.
406............ Reference to Court of Appeal.
407............ Notice of reference to be served on respondent.
408............ Withdrawal or amendment of reference.
409............ Hearing.
410............ Costs.
411............ Reference not to affect trial.
412............ Reservation by Judge.
413............ Powers of His Majesty.
Chapter XLIV
Appeals
414............ General right of appeal against conviction.
415............ Grounds for allowing appeal.
416............ Alternative offence.
417............ Where appeal allowed.
418............ Special finding.
419............ Finding of insanity or unfitness to plead.
420............ Retrial.
421............ Supplementary provisions as to retrial.
422............ Appeal against sentence.
423............ Supplementary provisions as to appeal against sentence.
424............ Appeal against finding of insanity.
425............ Appeal under section 424.
426............ Order on disposal of appeal under section 424.
427............ Right of appeal if person found incapable of making defence.
428............ Disposal appeal under section 427.
429............ Appeal not to be allowed on certain grounds.
430............ Procedure for appeal.
431............ Bail.
432............ Groundless Appeals.
433............ Preparation of case.
434............ Appellant may be present.
435............ Evidence.
436............ Effect of appeal on sentence.
437............ Restitution.
438............ Costs.
Chapter LXV
General
439............ Powers of single Judge.
440............ Practice and Procedure.
441............ Rules and Orders.
FIRST SCHEDULE........... — TABULAR STATEMENT OF OFFENCE UNDER THE PENAL CODE (CHAPTER 22)
SECOND SCHEDULE — FORMS
________________________
CRIMINAL PROCEDURE CODE
An Act to establish a Code of Criminal Procedure
Commencement: 1st May 1952
PART I
PRELIMINARY
Chapter I
Citation and application.
1............ (1) This Act may be cited as the Criminal Procedure Code, and is generally referred to in this Act as “this Code”.
(2) This Act shall not apply to Native Courts.
Interpretation.
2............ (1) In this Code, unless the context otherwise requires—
“bailable offence” means an offence shown as bailable in the First Schedule to this Code or which is made bailable by any other law for the time being in force;
“Chief Justice” means the Chief Justice of the Supreme Court for Brunei Darussalam;
“Commissioner of Police” means the Commissioner of Police, Royal Brunei Police Force;
“complaint” means the allegation made orally or in writing to a magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;
“Court” means the High Court and the Court of a Magistrate;
“Court of Appeal” means the Court of Appeal of the Supreme Court for Brunei Darussalam;
“District Officer” includes, where the context so permits, a Dato Penghulu, a Penghulu and a Ketua;
“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being on force by any Court in Brunei Darussalam;
“High Court” means the High Court of the Supreme Court for Brunei Darussalam;
“inquiry” includes every inquiry conducted under this Code before a magistrate;
“Judge” means a Judge of the Supreme Court and includes,where the context so permits, the Chief Justice;
“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken;
“magistrate” means a magistrate appointed by His Majesty the Sultan and Yang Di-Pertuan under the Subordinate Courts Act (Chapter 6), or under any written law;
“medical officer” means a registered medical practitioner employed by Government and if no such officer is available then any other duly registered medical practitioner or any hospital assistant authorised by the Director of Medical Services either generally or for any specific purpose to exercise the functions of a medical officer under this Code;
“non-bailable offence” means an offence other than a bailable offence;
“non-seizable offence” means an offence for which, and“non- seizable case” means a case in which, a police officer may not ordinarily arrest without warrant according to the third column of the First Schedule or under the provisions of any other written law for the time being in force;
“offence” means any act or omission made punishable by any law for the time being in force;
“Officer-in-charge of a Police District or station” means the officer appointed to perform the duties of that office and when such officer is absent therefrom or unable from illness to perform his duties the police officer present and acting in the district or station who is next in rank below such officer;
“place” includes a house, building, tent and vessel;
“Police District” means any area which has been constituted a Police District by regulations made under the Royal Brunei Police Force Act (Chapter 50), and unless and until districts are so constituted means an ordinary administrative district;
“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;
“postal article” means any letter, postcard, book, document, pamphlet or sample parcel or package or other article whatsoever transmitted by post;
“Registrar” means the Chief Registrar, a Deputy Chief Registrar,a Senior Registrar or a Registrar of the Supreme Court and includes a Deputy or Assistant Registrar;
[S 44/99]
“seizable offence” means an offence for which, and“seizable case” means a case in which, a police officer may ordinarily arrest without warrant according to the third column of the First Schedule or under the provisions of any other written law for the time being in force;
“summons case” means a case relating to an offence not being a warrant case;
“Supreme Court” means the Supreme Court of Brunei Darussalam established by the Supreme Court Act (Chapter 5);
“warrant case” means a case relating to an offence punishable with death or with imprisonment for a term exceeding 6 months;
“youthful offender” includes any child convicted of an offence punishable by fine or imprisonment who in the absence of legal proof to the contrary is above the age of 7 and under the age of 18 years in the opinion of the Court before which such child is convicted.
(2) Words which refer to acts done extend also to illegal omissions.
(3) All words and expressions used herein and defined in the Penal Code(Chapter 22) and not hereinbefore defined shall be deemed to have the meanings attributed to them by that Code.
(4) The marginal notes of this Code shall not affect the construction thereof.
Trial of offences under Penal Code and against other laws.
3............ All offences under the Penal Code (Chapter 22) shall be inquired into and tried according to the provisions hereinafter contained, and all offences under any other law shall be inquired into and tried according to the same provisions, subject however to any Act for the time being in force regulating the manner or place of inquiring into or trying such offences.
Saving of powers of Supreme Court.
4. Nothing in this Code shall be construed as derogating from the Powers or jurisdiction of the Supreme Court.
PART II
CONSTITUTION AND POWERS OF CRIMINAL COURTS
Chapter II
Criminal Courts Generally
Classes of Criminal Courts.
5............ (1) The Courts for the administration of criminal justice in Brunei Darussalam to which this Code applies shall be the following —
(a) The High Court;
(b) Courts of Magistrates.
(2) A Judge may sit in and constitute a Court of a Magistrate.
Court to be open.
6............ (1) The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them.
(2) The presiding Judge or magistrate may, if he thinks fit, on special grounds of public policy or expediency in his discretion, order at any stage of any inquiry into, or trial of, any particular case that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. In every such case the grounds on which the order is made shall be recorded.
(3) This section shall not apply to witnesses who shall ordinarily be excluded from the Court until they give evidence.
Jurisdiction. [S 44/99]
7............ Subject to the provisions of this Code, the jurisdiction of the High Court and the Court of a Magistrate in criminal matters shall extend to any offence committed —
(a) wholly or partly within Brunei Darussalam; or
(b) on board any ship registered in Brunei Darussalam; or
(c)........... on board any aircraft registered in Brunei Darussalam; or
(d) on the high seas if the offence is piracy by the law of nations;or
(e)........... by any person outside Brunei Darussalam who abets, or enters a conspiracy to commit, an offence within Brunei Darussalam, whether or not any overt act in furtherance of such conspiracy takes place within Brunei Darussalam; or
(f)........... by a subject of His Majesty whether the offence was committed within or outside Brunei Darussalam.
Powers of Courts.
8............ (1)...........Subject to the other provisions of this Code any offence under the Penal Code (Chapter 22) may be tried —
(a) by the High Court;
(b) by a Court of a Magistrate where such offence is shown in the eighth column of the First Schedule to be so triable.
(2) Where a Court of a Magistrate is given power by the eighth column of the First Schedule to try an offence for which such Court has not power to award the maximum punishment, the Court shall, if it is of the opinion that the punishment it has power to award is inadequate, commit the accused person for trial by the High Court.
Offences under other laws.
9............ (1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court.
(2) When no Court is so mentioned it may be tried by the High Court or any other Court to which this Code applies:
Provided that no Court of a Magistrate shall by virtue of this subsection try an offence which is punishable with imprisonment for a term which may exceed 5years.
Sentences which High Court may pass.
10............ The High Court may pass any sentence authorised by law.
Sentences which Magistrates Courts may pass.
11............ (1) Without prejudice to any provision of any other written law conferring special jurisdiction on Courts of Magistrates, such courts may pass a sentence of imprisonment for a term not exceeding 3 years or a fine not exceeding $5,000 or, where the Chief Justice by notification in the Government Gazette confers upon any magistrate special jurisdiction then in a Court presided over by such magistrate, the sentence may be increased to imprisonment for a term of 7 years or a fine of $10,000.
(2) The Court of a Magistrate may pass any lawful sentence,combining any of the sentences which it is authorised by law to pass.
(3) His Majesty may limit the jurisdiction of any magistrate.
Power of magistrates to sentence to imprisonment in default of fine.
12............ (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by section 254 of this Code:
Provided that the term is not in excess of the magistrate’s powers under this Code.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the magistrate under section 11.
Sentence in case of conviction of several offences at one trial.
13............ (1) When a person is convicted at one trial of 2 or more distinct offences, the Court may, subject to the provisions of section 71 of the Penal Code, sentence him for such offences to the several punishments prescribed therefor which such Court is competent to inflict, such punishments to commence the one after the expiration of the other in such order as the Court may direct unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before the High Court:
Provided that —
(a) in no case shall such person be sentenced to imprisonment for a longer period than 15 years;
(b) the aggregate punishment shall not exceed 3 times the amount of punishment which the magistrate in the exercise of his ordinary jurisdiction is competent to inflict.
(3) For the purpose of appeal, aggregate sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.
Taking out standing offences into consideration.
13A. (1) Where offences other than the one of which an accused person has been convicted and of a similar nature have been committed by him and are still untried and admitted by him are within the jurisdiction of that Court and he desires that they should be taken into consideration in determining the sentence to be imposed the Court may, subject to the provisions of subsection
(2), properly taken them into consideration.
(2) In exercising the jurisdiction conferred by subsection (1) the Court shall record convictions in respect of such offences as such accused person admits without recourse to the provisions of Part VI of this Code other than Chapters XXIV and XXVI and proceed to sentence thereon:
Provided that the Court shall first be satisfied that the Public Prosecutor or a person authorised by any general or special direction of the Public Prosecutor in such behalf consents to the exercise of the jurisdiction hereinbefore conferred.
Criminal jurisdiction of magistrates.
14............ Subject to the provisions of this Code every magistrate shall have cognisance of and power and authority to —
(a) hear, try, determine and dispose of in a summary way prosecutions for offences cognisable by such magistrate;
(b) inquire into offences committed or alleged to have been committed with a view to committal for trial by the High Court;
(c)........... inquire into complaints of offences and summon and examine witnesses touching such offences and summon and apprehend and issue warrants for the apprehension of criminals and offenders, and deal with them according to law;
(d) issue search warrants under the provisions of this Code in that behalf, and require persons to furnish security for the peace or for their good behaviour according to law;
(e)........... hold inquests; and
(f)........... do all other matters and things which a magistrate is empowered to do by this Code or any other Act.
PART III
GENERAL PROVISIONS
Chapter III
Aid and Information to Magistrates and Police and Persons making Arrests
Public when to assist magistrates and police.
15............ (1) Every person is bound to assist a magistrate, police officer or District Officer reasonably demanding his aid —
(a) in the taking or preventing the escape of any other person whom such magistrate, police officer or District Officer is authorised to arrest;
(b) in the prevention of a breach of the peace or of any injury attempted to be committed to any railway, tramway, canal, dock, wharf, telegraph or public property;
(c)........... in the supression of a riot or affray.
(2) Every person failing to give such assistance as is required by this section shall be guilty of an offence under section 187 of the Penal Code (Chapter 22).
Aid to persons other than police officer executing warrant.
16............ When a warrant is directed to a person other than a police officer any other person may aid in the execution of such warrant if the person to whom the warrant is directed is near at hand and acting in the execution of his warrant.
Public to give information of certain matters.
17............ (1) Every person aware —
(a) of the commission of or the intention of any other person to commit any offence punishable under the following sections of the Penal Code (Chapter 22): 121, 121A, 122, 123, 124A, 130, 143, 144, 145, 147, 148, 194, 232, 234, 302, 304, 307, 308, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 456, 457, 458, 459, 460, 489A, 489D;
(b) of any sudden or unnatural death or death by violence or of any death under suspicious circumstances, or of the body of any person being found dead without its being known how such person came by death,
shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, forthwith give information to the officer in charge of the nearest police station or to a police officer or to the nearest District Officer of such commission or intention or of such sudden, unnatural or violent death or of the finding of such dead body as the case may be.
(2) If any person discovers any dead body and he has reason to believe that the deceased met with his death through an unlawful act or omission he shall not remove or in any way alter the position of the body except so far as is necessary for its safety.
(3) Every person failing to give such information as is required by this section shall be guilty of an offence under section 176 of the Penal Code (Chapter 22).
Police officer bound to report certain matters.
18............ Every police officer and every District Officer shall forthwith communicate to the nearest magistrate or police officer in charge of a police station any information which he may have or obtain respecting—
(a) the occurrence of any sudden or unnatural death or of any death under suspicious circumstances;
(b) the finding of the dead body of any person without its being known how such person came by his death.
Chapter IV
Arrest, Escape and Re-taking
Arrest, how made.
19............ (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action.
(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.
(3) The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
(4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for15 years.
Search of place entered by persons sought to be arrested.
20............ (1) If any person acting under a warrant of arrest or any police officer or District Officer having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place the person residing in or in charge of such place shall, on demand of such person acting as aforesaid or of such police officer or District Officer, allow him free ingress thereto and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under the preceding subsection it shall be lawful in any case for a person acting under a warrant,and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer or District Officer to enter such place and search therein, and in order to effect an entrance into such place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if, after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance.
(3) If any place to be searched is an apartment in the actual occupancy of a woman (not being the person to be arrested), who, according to custom, does not appear in public, such person or police officer shall before entering such apartment, give notice to such woman that she is at liberty to withdraw, and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
Search of persons in place searched under warrant.
21............ Whenever a search for anything is or is about to be lawfully made in any place in respect of any offence all persons found therein may be lawfully detained until the search is completed, and they may, if the thing sought is in its nature capable of being concealed upon the person, be searched for it by or in the presence of a magistrate or of a police officer not below the rank of inspector or of a police officer in charge of a police station.
Power to break open any place for purposes for liberation.
22............ Any police officer or other person authorised to make an arrest may break open any place in order to liberate himself or any other person who having lawfully entered for the purpose of making an arrest is detained therein.
Mode of searching women.
23............ Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.
Search of persons arrested.
24............ Whenever a person is arrested —
(a) by a police officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;
(b) without warrant or by a private person under a warrant and the person arrested cannot legally be admitted to bail or is unable to furnish bail,
the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom such private person makes over the person arrested may search such person and place in safe custody all articles other than necessary weaving apparel found upon him, and any of such articles which there is reason to believe were the instruments or the fruits or other evidence of the crime may be detained until his discharge or acquittal.
25............ (No section).
Power to seize offensive weapons.
26............ The officer of other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested.
Search of person for name and address.
27............ Every person lawfully in custody, who by reason of incapacity from intoxication, illness, idiocy, lunacy or infancy is unable to give a reasonable account of himself, may be searched for the purpose of ascertaining his name and place of abode.
When police officer may arrest without warrant.
28............ (1) Any police officer or District Officer may without an order from a magistrate and without a warrant arrest —
(a) any person who has been concerned in any seizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned;
(b) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house breaking;
(c)........... any person who has been proclaimed under section 49;
(d) any person in whose possession anything is found which may reasonably be suspected to be stolen or fraudulently obtained property and who may reasonably be suspected of having committed an offence with reference to such thing;
(e)........... any person who obstructs a police officer while in the execution of his duty or who has escaped or attempts to escape from lawful custody;
(f)........... any person reasonably suspected of being a deserter from the Royal Brunei Armed Forces or Royal Brunei Police Force or Gurkha Reserve Unit or any visiting force present for the time being in Brunei Darussalam by the virtue of any written law or by virtue of any lawful arrangement made by or on behalf of Brunei Darussalam;
(g) any person taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a seizable offence;
(h) any person who has no ostensible means of subsistence or who cannot give a satisfactory account of himself;
(i)........... any person who is by repute an habitual robber,housebreaker or thief or an habitual receiver of stolen property knowing it to be stolen or who by repute habitually commits extortion or in order to commit extortion habitually puts or attempts to put persons in fear of injury;
(j)........... any person in the act of committing in his presence a breach of the peace;
(k)........... any person subject to the supervision of the police who fails to comply with the requirements of section 265 of this Code.
(2) Nothing in this section shall be held to limit or to modify the operation of any other law empowering a police officer or District Officer to arrest without a warrant.
Refusal to give name and residence or naming a residence out of Brunei
Darussalam.
29. (1) When any person in the presence of a police officer or District Officer commits or is accused of committing a non-seizable offence and refuses on the demand of a police officer or District Officer to give his name and residence or gives a name or residence which such officer has reason be believe to be false, he may be arrested by such police officer or District Officer in order that his name or residence may be ascertained, and he shall, within 24 hours of the arrest, exclusive of the time necessary for the journey, be taken before the nearest magistrate unless before that time his true name and residence are ascertained, in which case such person shall be forthwith released on his executing a bond for his appearance before a Court if so required.
(2) When any person is thus taken before a magistrate such magistrate may either require him to execute a bond, with or without a surety,for his appearance before a Court if so required, or may order him to be detained in custody until he can be tried.
(3) When any person in the presence of a police officer or District Officer commits or is accused of committing a non-seizable offence and on the demand of a police officer or District Officer to give his name and residence gives as his residence a place not within Brunei Darussalam, he may be arrested by such police officer or District Officer and shall be taken forthwith either before the nearest magistrate who may require him to execute a bond, with or without a surety, for his appearance before a Court if so required, or may order him to be detained in custody until he can be tried, or before a police officer in charge of a police station who may require him to furnish a bond, with or without a surety, for his appearance before a Court if required.
Person arrested by District Officer, how dealt with.
30............ A District Officer making an arrest without a warrant shall without unnecessary delay make over the person so arrested to the nearest police officer or in the absence of a police officer take such person to the nearest police station, and a police officer shall receive every such person into custody.
Pursuit of offenders.
31............ For the purpose of arresting any person whom he has power to arrest without a warrant a police officer may pursue any such person into any part of Brunei Darussalam.
Arrest by private persons.
32............ (1) Any private person may arrest any person who, in his view,commits a non-bailable and seizable offence or who has been proclaimed under section 49 and shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 28 a police officer shall re-arrest him.
(3) If there is reason to believe that he has committed a non-seizable offence and he refuses on the demand of a police officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false or gives a residence which is not within Brunei Darussalam he shall be dealt with under section 29.
(4) If there is no reason to believe that he has committed an offence he shall be at once released.
(5) Any person who commits an offence on or with respect to the property of another may if his name and address are unknown be apprehended by the person injured or by any person who is using the property to which the injury is done, or by the servant of either of such persons or by any person authorised by or acting in aid of either of such persons, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct or until he can be delivered into the custody of a police officer.
(6) If any person lawfully apprehended under subsection (5) assaults or forcibly resists the person by whom he is so apprehended or any person acting in his aid he shall be guilty of an offence: Penalty, a fine of $800.
How person arrested is to be dealt with.
33............ (1) A police officer making an arrest without a warrant shall without unnecessary delay and subject to the provisions herein as to bail or previous release take or send the person arrested before a Court of a Magistrate.
(2) No police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.
(3) Such period should not ordinarily exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Court, unless there are exceptional circumstances which render this not reasonably practicable.
(4) Any police officer making an arrest under this section shall, unless the circumstances are such that the person arrested can be in no doubt with regard to the reason for his arrest, immediately such arrest is effected notify to the arrested person the reason for his arrest.
Release of person arrested.
34............ No person who has been arrested by a police officer shall be released except on his own bond or on bail or under the order in writing of a Judge or magistrate or officer in charge of a police station.
Offence committed in magistrate’s presence.
35............ When any offence is committed in the presence of a magistrate he may himself arrest or authorise any person to arrest the offender, and may thereupon, subject to the provisions herein as to bail, commit the offender to custody.
Arrest by or in presence of magistrate.
36............ Any magistrate may at any time arrest or authorise the arrest in his presence of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.
Power on escape to pursue and re-take.
37............ If a person in lawful custody escapes or is rescued the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place and deal with such person as he might have done on the original taking.
Provisions of sections 20 and 22 to apply to arrests under section37.
38............ The provisions of sections 20 and 22 shall apply to arrests under section 37 although the person making the arrest is not acting under a warrant and is not a police officer having authority to arrest.
Chapter V
Processes to Compel Appearance
Summons
Form of summons; by whom served.
39............ (1) Every summons to appear issued by a Court under this Code shall be in writing and signed by a magistrate or, in the case of the Supreme Court, by the Chief Justice, a Judge or the Registrar, and it shall bear the seal of the Court.
(2) Such summons shall ordinarily be served by a police officer or if the summons is in connection with an offence under an Act which it is the duty of a Government department to enforce, by an officer such Government department. The Court issuing the summons may if it sees fit direct it to be served by any other person.
Service of summons.
40............ (1) The summons shall if practicable be served personally on the person summoned by tendering or delivering to him a copy thereof under the seal of the Court.
(2) Every person on whom a summons is so served shall if so required by the serving officer sign a receipt for the copy.
(3) In the case of a corporation the summons may be served on the secretary or other like officer of the same.
(4) Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy thereof for him with some adult member of his family or with his servant residing with him.
(5) Where the person summoned is in the service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed, and such head shall thereupon cause the summons to be served in the manner provided by this section, and shall return it to the Court under his signature and duly indorsed by the person on whom it was served as required by subsection (2).
Procedure when personal service cannot be effected.
41. When the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected as directed by section 40(4) the serving officer shall in the presence of 2 witnesses affix a copy of the summons to some conspicuous part of the house or other place in which the person summoned ordinarily resides and in such case the summons, if the Court so directs either before or after such affixing, shall be deemed to have been duly served.
Proof of service.
42............ When a summons issued by a Court is served, an affidavit of such service purporting to be made before an officer duly authorised to administer an oath shall be admissible in evidence.
Warrant of Arrest
Form of warrant of arrest.
43............ (1) Every warrant of arrest issued by a Court under this Code shall be in writing and signed by a magistrate or, in the case of the Supreme Court, by the Chief Justice, a Judge or the Registrar, and it shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it or until it is executed.
Court may by indorsement on warrant direct security to be taken.
44............ (1) Any Court issuing a warrant for the arrest of any person may, in its discretion, direct by indorsement on the warrant that if such person execute a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The indorsement shall state —
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound;
(c)........... the time at which he is to attend before the Court.
(3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Court.
Warrants, to whom directed.
45............ (1) A warrant of arrest shall ordinarily be directed to the officer in charge of police of the District in which it is issued and to all other police officers of Brunei Darussalam, and any police officer may execute such warrant in any part of Brunei Darussalam.
(2) The Court issuing a warrant may direct it to any person or persons by name not being police officers and all or any one or more of such persons may execute the same.
Notification of substance of warrant.
46............ Any warrant of arrest lawfully issued may be executed by any police officer at any time notwithstanding that the warrant is not in his possession at the time, but a police officer or other person executing a warrant of arrest shall notify the substance thereof to the person arrested, and shall,if so required by the person arrested, show him the warrant or a copy thereof under the seal of the Court issuing the warrant as soon as practicable after the arrest.
Person arrested to brought before Court without delay.
47............ The police officer or other person executing a warrant of arrest shall, subject to the provisions of section 44 as to security, without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
48............ (No section).
Proclamation and Attachment
Proclamation for person absconding.
49. (1) If the High Court or a Court of a Magistrate has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time.
(2) The proclamation shall be published as follows —
(a) it shall be publicly read in some conspicuous place of the town,village or kampong in or near which such person ordinarily resides;
(b) it shall be fixed to some conspicuous part of the house or other place in which such person ordinarily resides or to some conspicuous place of such town, village or kampong; and
(c)........... a copy thereof shall be affixed to some conspicuous part of the Court house.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on such day.
Attachment of property of person proclaimed.
50............ (1) The Court issuing a proclamation under section 49 may at any time order the attachment of any property movable or immovable or both belonging to the proclaimed person.
(2) If the property ordered to be attached consists of debts or other movable property the attachment shall be made —
(a) by seizure;
(b) by the appointment of a receiver;
(c)........... by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one of his behalf; or
(d) by all or any 2 of such methods as the Court thinks fit.
(3) If the property ordered to be attached be immovable the attachment under this section shall be made through the Land Officer of the district in which the property is situate; and upon the receipt of an order of attachment the said Land Officer shall execute the same —
(a) by taking possession;
(b) by the appointment of a receiver;
(c)........... by an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalf; or
(d) by all or any 2 of such methods as he thinks fit.
(4) No such attachment of any land held under a title required by law to be registered shall take effect until the order of attachment is duly registered under the law for the registration of dealings with such land for the time being in force.
(5) If the proclaimed person does not appear within the time specified in the proclamation the property shall be at the disposal of the Government, but it shall not be sold until the expiration of 6 months from the date of the attachment unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.
(6) Any person other than the person proclaimed may appear before the Court which made the order of attachment and claim, stating his title thereto, the property or any part thereof attached or ordered to be attached: Provided that such claim is made within 3 months from the order of attachment.
(7) The Court shall record the claim so made and shall cause a copy thereof to be served upon the prosecutor together with a notice requiring him to attend before the Court on a day and at a time to be stated therein to show cause why such property, if attached, should not be released, or why such order of attachment should not be cancelled so far as it relates to the property so claimed.
(8) At the hearing the Court shall proceed to inquire into the truth and justice of the claim so made and to take such evidence as may be necessary.
(9) Such inquiry shall be made, as nearly as may be practicable, in the manner prescribed by Chapter XIX for conducting trials without the aid of assessors.
(10) The Court shall, if satisfied of the truth and justice of the claim,direct such property to be released or such order to be cancelled, or is satisfied as aforesaid as to part only of the claim shall direct such part to be released or so much of the order as relates thereto to be cancelled.
(11) The Court may in its discretion award to the claimant costs and such expenses as it thinks proper which shall be paid by Government.
Restoration of attached property.
51............ If within 2 years from the date of the attachment any person whose property is or has been at the disposal of the Government under section 50appears voluntarily or is apprehended and brought before the Court by whose order the property was attached and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property or, if the same has been sold, the nett proceeds of the sale or, if part only thereof has been sold, the nett proceeds of the sale and the residue of the property shall after satisfying thereout all costs incurred in consequence of the attachment,be delivered to him.
Other Rules Regarding Summonses to Appear and Warrants of Arrest
Issue of warrant in lieu of or in addition to summons.
52............ A criminal Court may in any case in which it is empowered to issue a summons for the appearance of any person other than an assessor issue, after recording its reasons in writing, a warrant for his arrest —
(a) if either before the issue of summons or after the issue of the same but before the time fixed for his appearance the Court sees reason to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
Service and execution in any part of Brunei Darussalam.
53............ All summonses to appear and warrants of arrest issued by a magistrate may be served or executed as the case may be in any part of Brunei Darussalam.
Power to take bond for appearance.
54............ When any person for whose appearance or arrest any Court is empowered to issue a summons or warrant is present in such Court it may require such person to execute a bond with or without sureties for his appearance in such Court.
Arrest on breach of bond appearance.
55............ When any person who is bound by any bond taken under this Code to appear before a Court does not so appear such Court may issue a warrant directing that such person be arrested and produced before it.
Chapter VI
Processes to Compel the Production of Documents and Other Movable
Property and for the Discovery of Persons
Wrongfully Confined
Summons to produce document or other thing.
56............ (1) Whenever any Court or police officer making a police investigation considers that the production of any property or document is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer such Court may issue a summons or such officer a written order to the person in whose possession or power such property or document is believed to be requiring him to attend and produce it or to produce it at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce any property or document shall be deemed to have complied with the requisition if he causes such property or document to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed to affect the provisions of any law relating to evidence for the time being in force or to apply to any postal article, telegram or other document in the custody of the postal or telegraph authorities.
Procedure as to postal articles etc.
57............ If any such postal article, telegram or other document is in the opinion of the Court of Appeal or the High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code such Court may require the postal or telegraph authorities to deliver such postal article,telegram or other document to such person as it may direct.
Provisions of sections 39 to 42 to apply.
58............ The provision of sections 39, 40, 41 and 42 shall apply in relation to summonses under this Chapter.
Search Warrants
When search warrant may be issued.
59............ (1) Where any Court has reason to believe that a person to whom a summons under section 56 or a requisition under section 57 has been or might have been addressed will not or would not produce the property or document as required by such requisition, or where such property or document is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of justice or of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, the Court may issue a search warrant and the person to whom such warrant is directed may search and inspect in accordance therewith and with the provisions hereinafter contained.
(2) Nothing herein contained shall authorise any Court other than the Court of Appeal or the High Court to grant a warrant to search for a postal article,telegram or other document in the custody of the postal or telegraph authorities.
(3) A search warrant shall ordinarily be directed to the officer in charge of police of the District in which it is issued and to some other officers to be designated by name therein, and all or any of such police officers may execute such warrant.
(4) The Court issuing a search warrant may direct it to any person or persons by name, not being police officers, and all or any one or more of such persons may execute such warrant.
Power to restrict warrant.
60............ The Court may if it thinks fit specify in the warrant the particular place or part thereof to which only the search or inspection shall extend, and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
Search of place suspected to contain stolen property, forged document etc.
61............ If a magistrate upon information and after such inquiry as he thinks necessary has reason to believe —
(a) that any place is used for the deposit or sale of stolen property, contraband goods, or of property unlawfully obtained; or
(b) that any place is used for the deposit or sale or manufacture of forged documents, false seals or counterfeit stamps or coin or forged trade marks or instruments or materials for counterfeiting coin or stamps or for forging; or
(c)........... that any offence against any Act for the time being in force relating to gambling, pawnbrokers, opium, distillation of arrack or other spirit is being or is likely to be committed in any place; or
(d) that any offence against the Societies Act (Chapter 66) or any other Acts relating thereto for the time being in force, or any offence against any written law relating to the protection of women and girls, is being or is likely to be committed in any place; or
(e)........... that any stolen property, contraband goods, or property unlawfully obtained, forged documents, false seals or counterfeit stamps or coin or forged trade marks or instruments or materials for counterfeiting coin or stamps or for forging or housebreaking are concealed, kept or deposited in any place,
he may by warrant authorise the person to whom it is directed to —
(i) enter, with such assistance as may be required, such place;
(ii) search the same in the manner specified in the warrant in the presence, if practicable, of 2 or more inhabitants of the neighbourhood;
(iii) take possession of any property, goods, documents, seals,stamps, coins or trade marks therein found which he reasonably suspects to be stolen, contraband, unlawfully obtained, forged, false or counterfeit and also of any such instruments and materials as aforesaid;
(iv) convey such property, goods, documents, seals, stamps,coins, trade marks or materials before a Judge or magistrate, or guard the same on the spot until the offender is taken before a Judge or magistrate or otherwise dispose thereof in some place of safety; and
(v) take into custody and bring before a Judge or magistrate every person found in such place who appears to be guilty of any offence under paragraphs
(c) and (d) of this section or to have been privy to the deposit, sale or manufacture or keeping of any such property, goods, documents,seals, stamps, coins, trade marks, instruments or materials knowing or having reasonable cause to suspect the said property or goods to have been stolen or to be contraband or otherwise unlawfully obtained, or the said documents, seals, stamps, coins, trade marks, instruments or materials to have been forged, falsified or counterfeited or the said instruments or materials to have been used or to be intended to be used for counterfeiting coin or stamps or for forging.
Form of search warrant.
62............ (1) Every search warrant issued by a Court under this Code shall be in writing and signed by a Judge or Registrar or by a magistrate, as the case may be, and it shall bear the seal of the Court.
(2) Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant.
(3) Search warrants issued under this Code may be executed in any part of Brunei Darussalam.
Search for persons wrongfully confined.
63............ If any magistrate has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence he may issue a search warrant, and the person to whom such warrant is directed may search for the person confined; such search shall be made in accordance therewith and the person, if found, shall be immediately taken before a magistrate who shall make such order as in the circumstances of the case seems proper.
Persons in charge of closed places to allow search.
64............ (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in or being in charge of such place shall on demand of the officer or other person executing the warrant and on production of the warrant allow him free ingress thereto and afford all reasonable facilities for a search therein.
(2) If ingress to such place cannot be so obtained the officer or other person executing the warrant may proceed in manner provided by section 20(2).
Magistrate issuing search warrant may attend at its execution.
65............ The magistrate by whom a search warrant is issued may attend personally for the purpose of seeing that the warrant is duly exercised.
Magistrate may direct search in his presence.
66............ Any magistrate may orally direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.
Search without warrant.
67. (1) If a police officer is informed that stolen property or contraband goods is or are concealed or lodged in any building or place, and that there is likelihood of the same being removed before a warrant under section 61 can be obtained, he may search such building or place without warrant and remove any such property or goods if —
(a) in the case of stolen property, the person claiming to be the owner or to be entitled to its possession, makes a declaration before him describing such property in detail and stating why he believes the same to have been stolen and to be in such building or place unlawfully, and accompanies such police officer in his search;
(b) in the case of contraband goods, he receives information from any Customs officer that certain contraband goods are believed to be in such building or place.
(2) If a Customs officer is informed, and has good reason to believe such information, that contraband goods are concealed or lodged in any building or place and he has good reason to believe that such goods are likely to be removed before a warrant under section 61 can be obtained, he may search such building or place and remove any contraband goods found therein.
68............ (No section).
List of all things seized to be made and signed.
69............ A list of all things seized in the course of a search made under this Chapter and of the places in which they are respectively found shall be prepared by the officer or other person making the search and signed by him.
Occupant may be present at search.
70............ The occupant of the place searched, or some person in his behalf,shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to such occupant or person at his request.
PART IV
PREVENTION OF OFFENCES
Chapter VII
Security for Keeping the Peace and for Good Behaviour
Security for keeping the peace on conviction.
71............ (1) Whenever any person is convicted of any offence which involves a breach of the peace or of abetting the same or of committing criminal intimidation or criminal trespass or of being a member of an unlawful assembly and the Court before which such person is convicted is of opinion that it is necessary to require such person to execute a bond for keeping the peace,such Court may at the time of passing sentence on such person or in lieu of any sentence order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period in each instance as it thinks fit to fix, not exceeding 2 years if ordered by the High Court or one year if ordered by a Court of a Magistrate.
(2) If the conviction is set aside on appeal or otherwise the bond so executed shall become void.
Security for keeping the peace in other cases.
72............ Whenever it appears to a magistrate that any person is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace, such magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period not exceeding one year as the magistrate thinks fit to fix.
Security for good behaviour from suspected persons, vagrants and persons disseminating seditious matter.
73............ Whenever it appears to a magistrate that —
(a) any person is behaving in a suspicious manner and that there is reason to believe such person is behaving in such manner with a view to committing an offence; or
(b) any person has no ostensible means of subsistence or cannot give a satisfactory account of himself; or
(c)........... any person either orally or in writing disseminates or attempts to disseminate or in any way abets the dissemination of —
(i) any seditious matter, that is to say, any matter the publication of which is punishable under section 124A of the Penal Code (Chapter22) or under the Sedition Act (Chapter 24); or
(ii) any matter concerning a public servant which amounts to criminal intimidation or defamation under the Penal Code (Chapter 22); or
(d) any person has in his possession or custody any instrument which may be used for housebreaking or is armed with any lethal weapon and is unable to explain satisfactorily his movements or to account for the possession or custody of the housebreaking instruments or lethal weapon,
such magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding one year as the magistrate thinks fit to fix.
Security for good behaviour from habitual offenders.
74............ Whenever it appears to a magistrate that any person —
(a) is an habitual robber, housebreaker or thief or an habitual receiver of stolen property knowing the same to have been stolen;
(b) habitually commits extortion or, in order to the committing of extortion, habitually puts or attempts to put persons in fear of injury;
(c)........... is an habitual protector or harbourer of thieves;
(d) is an habitual aider in the concealment or disposal of stolen property; or
(e)........... is a notorious bad liver or is a dangerous character,
such magistrate may in manner hereinafter provided require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding one year as such magistrate thinks fit to fix.
Summons or warrant if required.
75............ (1) When a magistrate acting under any of the last 3 preceeding sections deems it necessary to require any person to show cause under such section he shall, if such person has not been arrested without warrant and brought before the Court for the purpose of the inquiry hereinafter mentioned, issue a summons requiring him to appear and show cause or, when such person is in custody but not present in Court, a warrant directing the officer in whose custody he is to produce him before the Court.
(2) Whenever it appears to such magistrate upon the report of a police officer or upon other information, the substance of which report or information shall be recorded by the magistrate, that there is reason to fear the commission of a breach of the peace and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person the magistrate may at any time issue a warrant for his arrest.
Form of summons or warrant.
76............ Every summons or warrant issued under the last preceding section shall contain a brief statement of the substance of the information on which such summons or warrant was issued, and shall state the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties, if any, required.
Inquiry to be held.
77............ (1) When any person appears or is brought before a magistrate in compliance with a summons or in execution of a warrant issued under section 75 the magistrate shall proceed to inquire into the truth of the information on which he has acted and to take such further evidence as may be necessary.
(2) When any person has been arrested without warrant and brought before a magistrate for the purpose of being bound over either to keep the peace or to be of good behaviour the magistrate shall instead of requiring him to show cause explain to such person the purport and object of the inquiry and shall take such evidence as may be produced on either part.
(3) An inquiry under this section shall be made as nearly as may be practicable in the manner hereinafter prescribed for conducting summary trials before magistrates except that no charge need be framed.
(4) For the purpose of this section the fact that a person is an habitual offender may be proved by evidence of general repute or otherwise.
Order to give security.
78............ If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour as the case may be that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the magistrate shall make an order accordingly:
Provided that —
(a) no person shall be ordered to give security of a nature different from or for an amount larger than or for a period longer than that specified in the summons or warrant issued under section 75, if any;
(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive, but shall be such as to afford the person against whom the order is made a fair chance of complying with it;
(c)........... when the person in respect of whom the inquiry is made is not competent to contract the bond shall be executed only by his sureties.
Discharge of persons informed against.
79............ If on an inquiry under section 77 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond the magistrate shall make an entry on the record to that effect and if such person is in custody only for the purposes of the inquiry, shall release him or,if such person is not in custody, shall discharge him.
Proceedings in all Cases Subsequent to Order to Furnish
Security
Commencement of period for which security is required.
80............ (1) If any person in respect of whom an order requiring security is made under section 71 or 78 is at the time such order is made sentenced to or undergoing a sentence of imprisonment the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order.
Contents of bond.
81............ The bond to be executed by any person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the abetment of any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.
Power to reject sureties.
82............ A Court may in its discretion refuse to accept any particular person or persons offered as surety for good behaviour under this Chapter.
Imprisonment in default of sureties.
83............ (1) If any person ordered to give security under section 71 or78 does not give such security on or before the date on which the period for which such security is to be given commences he may be committed to prison, or if he already is in prison may be detained in prison, until such period expires or until within such period he gives such security to the Court which made the order requiring it or to the officer in charge of the prison in which he is detained.
(2) If such person is unable or unwilling to execute such bond but is willing to leave Brunei Darussalam and not return thereto for such period as the Court shall approve, the Court may, subject to the execution of any sentence of imprisonment to which he has been sentenced, order accordingly.
(3) Pending the departure of the offender from Brunei Darussalam he may be remanded in custody.
Power to release person imprisoned for failing to give security.
84............ When a Court is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person the Court may order such person to be discharged:
Provided that the Court of a Magistrate shall not exercise this power except in cases where the imprisonment is under its own order.
Magistrate to report in cases in which the security has been ordered by a superior Court.
85............ Whenever a magistrate is of opinion that any person imprisoned for failing to give security under this Chapter as ordered by a Court superior to his Court may be released without the hazard mentioned in section 84 such magistrate shall make an immediate report of the case for the orders of the superior Court, and such Court may if it thinks fit order such person to be discharged.
Discharge of security.
86............ (1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a magistrate to cancel any bond executed under this Chapter.
(2) On such application being made the magistrate shall issue a summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or be brought before him.
(3) When such person appears or is brought before the magistrate he shall cancel the bond and shall order such person to give for the unexpired portion of the term of the bond fresh security of the same description as the original security.
(4) Every such order shall for the purposes of sections 81, 82, 83 and 84 be deemed to be an order made under section 71 or 78 as the case may be.
Chapter VIII
Unlawful Assemblies
Unlawful assembly may be ordered to disperse by magistrate etc.
87............ A magistrate, the Commissioner of Police or any police officer not below the rank of Inspector or officer in charge of a police district or police station may command any unlawful assembly or any assembly of 5 or more persons likely to cause a disturbance of the public peace to disperse, and it shall there upon be the duty of the members of such assembly to disperse accordingly.
When unlawful assembly may be dispersed by use of civil force.
88............ If upon being so commanded any such assembly does not disperse, or if, without having been commanded to disperse it conducts itself in such a manner as to show a determination not to disperse, a magistrate, the Commissioner of Police or any police officer not below the rank of Inspector or officer in charge of a police district or police station may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer, soldier, sailor or airman of the Royal Brunei Darussalam Armed Forces or of any armed forces lawfully serving within Brunei Darussalam, for the purpose of dispersing such assembly and if necessary arresting and confining the persons who form part of it in order to disperse such assembly or that they may be punished according to law.
Use of military force.
89............ If any such assembly cannot be otherwise dispersed and if it is necessary for the public security that it should be dispersed a magistrate or a gazetted police officer may cause it to be dispersed by military force.
Magistrate may require any officer in command of troops to disperse unlawful assembly.
90. (1) When a magistrate or a gazetted police officer determines to disperse any such assembly by military force he may require any commissioned or non-commissioned officer in command of any soldiers, sailors or airmen of the Royal Brunei Armed Forces or of any armed forces lawfully serving within Brunei Darussalam to disperse such assembly by military force and to arrest and confine such persons forming part of it as the magistrate or the gazetted police officer may direct or as it may be necessary to arrest and confine in order to disperse the assembly or that they may be punished according to law.
(2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force and do as little injury to person and property as may be consistent with dispersing the assembly and arresting and detaining such persons.
When commissioned officer may disperse unlawful assembly by military force.
91............ When the public security is manifestly endangered by any such assembly, and when neither a magistrate nor a police officer, empowered by section 90 to require such an assembly to be dispersed by military force, can be communicated with, any commissioned officer of the Royal Brunei Armed Forces or of any armed forces lawfully serving within Brunei Darussalam may disperse such assembly by military force and may arrest and confine any person forming part of it in order to disperse such assembly or that they may be punished according to law; but if while he is acting under this section it becomes practicable for him to communicate with any magistrate or gazetted police officer he shall do so and shall thenceforward obey the instructions of such magistrate or police officer as to whether he shall or shall not continue such action.
Protection against prosecution for acts done under this Chapter.
92............ No prosecution against any magistrate or police officer or any officer, soldier, sailor or airman of any armed forces, for any act purporting to be done under this Chapter, shall be instituted in any criminal Court except with the sanction of His Majesty in Council; and
(a) no magistrate or police officer acting under this Chapter in good faith;
(b) no person doing any act in good faith in compliance with a requisition under section 88 or 90;
(c)........... no inferior officer, soldier, sailor or airman doing any act in obedience to any order which he was bound to obey;
(d) no officer acting under section 91 in good faith; shall be deemed to have thereby committed an offence.
Chapter IX
Public Nuisances
Magistrate may make conditional order for removal of nuisance.
93............ (1) Whenever a magistrate considers on receiving a report or other information and on taking such evidence, if any, as he thinks fit that—
(a) any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river or channel which is or may be lawfully used by the public or from any public place;
(b) any trade or occupation or the keeping of any goods or merchandise by reason of its being injurious to the health or physical comfort of the community should be suppressed or removed or prohibited;
(c)........... the construction of any building or the disposal of any substance likely to occasion conflagration or explosion should be prevented or stopped;
(d) any building or tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by and that in consequence its removal, repair or support is necessary; or
(e)........... any tank, well or excavation adjacent to any such way as aforesaid or to any public place should be fenced in such a manner as to prevent danger arising to the public,
such magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tree, substance, tank, well or excavation, within a time to be fixed in the order to —
(i) remove such obstruction or nuisance;
(ii) supress or remove such trade or occupation;
(iii) remove such goods or merchandise;
(iv) prevent or stop the construction of such building;
(v) remove, repair or support such building;
(vi) lop or fell such tree;
(vii) alter the disposal of such substance;
(viii) fence such tank, well or excavation,
or appear before such magistrate at a time and place to be fixed by the order and move to have the order set aside or modified in manner hereinafter provided.
(2) For the purposes of this section a “public place” includes also property belonging to the Government and grounds left unoccupied for sanitary or recreative purposes.
Such order to be served or notified.
94............ (1) The order and any notice or order given or made under this Chapter shall, if practicable, be served on the person against whom it is made in manner in this Code provided for service of a summons.
(2) If such order cannot be served a copy thereof shall be posted at such place as may be fittest for conveying the information to such person.
Person against whom such order is obeyed or made to appear and show cause.
95............ The person against whom such order is made shall —
(a) perform within the time specified in the order that act directed thereby; or
(b) appear in accordance with such order and show cause against the same.
Consequence of failure to do so.
96............ If such person does not perform such act or appear and show cause as required by section 95 the order shall be made absolute.
Procedure on appearance to show cause.
97............ (1) If such person appears and shows cause against the order the magistrate shall take evidence in the matter.
(2) If the magistrate is satisfied that the order is not reasonable and proper no further proceedings shall be taken in the case.
(3) If the magistrate is not satisfied the order shall be made absolute.
Procedure on order being made absolute.
98............ When an order has been made absolute under section 96 or 97 the magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in such notice and inform him that in case of disobedience he will be liable to the penalty prescribed in that behalf in section 188 of the Penal Code (Chapter 22):
Provided that if such person be a corporation it shall be liable only to the fine prescribed by the said section.
Consequence of disobedience to order.
99............ (1) If such order is not performed within the time fixed the magistrate may cause it to be performed and may recover the costs of performing it either by sale of the buildings, goods or other property removed by his order or by the distress and sale of any other movable property of such person.
(2) No suit shall lie in respect of anything done in good faith under this section.
Injuction pending final decision.
100............ (1) If the magistrate making an order under section 93considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public he may issue such an injunction to the person against whom the order was made as is required to obviate or prevent such danger or injury pending the final decision of the case.
(2) In default of such person forthwith obeying such injunction the magistrate may use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a magistrate under this section.
Power to prohibit repetition or continuance of public nuisance.
101............ A magistrate may order any person not to repeat or continue a public nuisance as defined in the Penal Code (Chapter 22) or any other law in force for the time being.
Chapter X
Temporary Orders in Urgent Cases of Nuisance
Power to issue order absolute at once in urgent cases.
102............ (1) In cases where in the opinion of a magistrate immediate prevention or speedy remedy is desirable such magistrate may by a written order stating the material facts of the case and served in manner provided in section 94 direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management if such magistrate considers that such direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons law fully employed, or danger to human life, health or safety, or a riot or an affray.
(2) An order under this section may in cases of emergency or in cases where the circumstances do not admit the serving in due time of notice upon the person against whom the order is made be made ex parte .
(3) An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place.
(4) Any magistrate may rescind or alter any order made under this section by himself or his predecessor in office.
(5) No order under this section shall remain in force for more than one month from the making thereof.
Chapter XI
Disputes as to Immovable Property
Procedure where dispute concerning land etc. is likely to cause breach of peace.
103............ (1) Whenever a magistrate is satisfied, from a police report or other information, that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court within a time to be fixed by such magistrate and to make oral or written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section and of section 105 the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.
(3) A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the magistrate directs,and at least one copy shall, if reasonably practicable, be published by being affixed to some conspicuous place at or near the subject of dispute.
(4) The magistrate shall then, without reference to the merits of the claims of any such parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence (if any) as he thinks necessary, and if possible decide whether any and which of the parties is then in actual possession of the said subject:
Provided that —
(a) if it appears to the magistrate that any party has, within 2months next before the date of such order, been forcibly and wrongfully dispossessed he may treat the party so dispossessed as if he had been in possession at such date;
(b) if the magistrate considers the case one of emergency he may at any time attach the subject of dispute pending his decision under this section.
(5) Nothing in this section shall preclude any party so required to attend from showing that no such dispute as aforesaid exists or has existed, and in such case the magistrate shall cancel the order and all further proceedings therein shall be stayed.
(6) If the magistrate decides that one of the parties is then in actual possession of the said subject he shall issue an order declaring such party to be entitled to retain possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction.
(7) Proceedings under this section shall not abate by reason only of the death of any of the parties thereto.
Power to attach subject of dispute.
104............ If the magistrate decides that none of the parties is then in actual possession or is unable to satisfy himself as to which of them is then in actual possession of the subject of dispute he may attach it until a competent civil court has determined the rights of the parties thereto or the persons entitled to possession thereof.
Disputes concerning rights over land or water.
105 ............(1) Whenever a magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or prevent the doing of anything in or upon any land or water he may inquire into the matter and may if it appears to him that such right exists make an order permitting such thing to be done or directing that such thing shall not be done, as the case may be, until the person objecting to such thing being done or claiming that such thing may be done obtains the decision of a competent civil court adjudging him to be entitled to prevent the doing of or to do such thing as the case may be.
(2) No order shall be made under this section permitting the doing of anything where the right to do such thing is exercisable at all times of the year unless such right has been exercised within 3 months next before the institution of the inquiry or, where the right is exercisable only at particular seasons, unless the right has been exercised during the season next before such institution.
Order as to costs.
106............ (1) When any costs have been incurred by any party to a proceeding under this Chapter for witnesses the magistrate giving a decision under section 103, 104 or 105 may assess such costs and direct by whom the same shall be paid, whether by such party or by any other party to the proceeding and whether in whole or in part or proportion.
(2) All costs so directed to be paid may be recovered as if they were fines.
Chapter XII
Preventive Action of the Police
Police to prevent offences.
107............ Every police officer may interpose for the purpose of preventing and shall to the best of his ability using all lawful means prevent the commission of any offence.
Information of design to commit offences.
108............ Every police officer receiving information of a design to commit any offence shall communicate such information to the police officer to whom he is subordinate and to any other officer whose duty it is to prevent or take cognisance of the commission of any such offence.
Arrest to prevent such offences.
109............ A police officer knowing of a design to commit any seizable offence may arrest without orders from a magistrate and without a warrant the person so designing if it appears to such officer that the commission of the offence cannot otherwise be prevented.
Prevention of injury to public property.
110............ A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.
PART V
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Chapter XIII
Information of offences.
111............ (1) When information is received at a police station relating to the commission of an offence, being an offence of which it appears that no previous information has been received in the station, the officer in charge of the police station or a subordinate officer whose duty it is to receive reports shall proceed according to one of the following subsections.
(2) If the information is in writing, he shall forthwith mark on it the date and time of receipt, and, if practicable, the name and address of the person (other than a postal messenger) by whom it was delivered, and if it purports to be signed by the informant, he shall file it as a report and record the facts in a book kept for this purpose.
(3) If the information is given orally and he considers it practicable to reduce it to writing forthwith, he shall record or cause to be recorded in a book kept for this purpose a report containing the name and address of the informant, the date and time of his arrival at the station, the substance of the information and such other particulars as the nature of the case may require,and such report shall be signed by the informant, (or if he refuses to sign a note of such refusal shall be made with any reasons given for such refusal), by the recording officer and by the interpreter, if any.
(4) If the information is given orally and it appears to him impracticable to proceed forthwith under subsection (3) he shall immediately make a note of first information in the station diary, and, if an investigation is to proceed, as soon thereafter as circumstances permit, a fuller statement by the informant shall be recorded under the provisions of subsection (3).
Duty of police to investigate offences.
112. Subject to the provisions of any written law and to any lawful order or dire