(1) This Act may be cited as the Subordinate Courts Act 1948.
*(2) This Act shall not apply to Sabah and Sarawak.
Interpretation
**2. (1) In this Act, unless the context otherwise requires—
“Chief Judge” means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak as the case may require;
“High Court” means the High Court in Malaya;
* NOTE—This Act is applicable to Sabah and Sarawak–vide P.U. (A) 357/1980. ** NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
“Magistrate appointed under this Act” includes an ex-officio Magistrate;
“permanent resident” has the meaning assigned by the Courts of Judicature Act 1964 [Act 91];
“Registrar” means the Registrar, Deputy Registrar, Senior Assistant Registrar or Assistant Registrar of the Subordinate Courts;
“seal” includes stamp;
“trial court” in relation to any appeal means the court by which the original finding, sentence or order appealed against was recorded, passed or made.
(2) In the case of an offence under Chapter VI and VIA of the Penal Code [Act 574], any offence under any of the written laws specified in the Schedule to the Extra-Territorial Offences Act 1976 [Act 163], or any offence under any other written law, the commission of which is certified by the Attorney General to affect the security of the Federation committed, as the case may be—
(a) on the high seas on board any ship or on any aircraft registered in Malaysia;
(b) by any citizen or any permanent resident on the high seas on board any ship or on any aircraft;
(c) by any citizen or any permanent resident in any place without and beyond the limits of Malaysia;
(d) by any person against a citizen of Malaysia;
(e) by any person against property belonging to the Government of Malaysia or the Government of any State in Malaysia located outside Malaysia, including diplomatic or consular premises of Malaysia;
(f) by any person to compel the Government of Malaysia or the Government of any State in Malaysia to do or refrain from doing any act;
(g) by any stateless person who has his habitual residence in Malaysia;
(h) by any person against or on board a fixed platform while it is located on the continental shelf of Malaysia; or
(i) by any person who after the commission of the offence is present in Malaysia; or
any reference in this Act to the local limits of jurisdiction of any Magistrates’ Court or Sessions Court shall be deemed to include a place where the accused is found.
Act 92
Subordinate Courts Act 1948
Some sections could not be extracted from the official PDF, so this text may be incomplete.
An Act relating to the inferior courts in Peninsular Malaysia.
Data synced
Text as at 1 May 2013 (LOM reprint); amendments made after that date may not be incorporated.
Part I — Preliminary
Part II — General
(1) (Deleted by Act 7 of 1964).
*(2) There shall be established the following Subordinate Courts for the administration of civil and criminal law in Peninsular Malaysia:
(a) Sessions Courts;
(b) Magistrates’ Courts.
(c) (Deleted by Act A1382). * NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Each court shall have and use as occasion may require a seal of such nature and pattern as the Chief Judge may, by notification in the Gazette, prescribe.
(1) All summonses, warrants, orders, rules, notices and mandatory processes whatsoever, whether civil or criminal shall—
(a) (Deleted by Act 7 of 1964);
(b) if issued or made by a Sessions Court, be signed by the Sessions Court Judge, or be signed, on behalf of the Sessions Court Judge, by a Magistrate of either class within the local limits of whose jurisdiction the Sessions Court is situate or by the Registrar of the Subordinate Courts; and
(c) if issued or made by a Magistrates’ Court, be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate, or be signed by a Registrar of the Subordinate Courts situate in the same town or place as the Magistrates’ Court,
(d) (Deleted by Act A1382).
and every such summons, warrant, order, rule, notice and mandatory process shall be sealed with the seal of the court issuing or making the same.
*(2) All summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or by the authority of any court respecting any cause or matter within its jurisdiction shall have full force and effect and may be served or executed anywhere within Peninsular Malaysia.
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
(1) The Registrar, Deputy Registrar and the Senior Assistant Registrar shall be appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Justice.
(2) The Assistant Registrar of the Subordinate Courts shall be appointed in accordance with section 106.
Part V — High court
(1) The Sessions Court Judge may call for and examine the record of any civil proceedings before a Magistrates’ Court within the local limits of jurisdiction of the Sessions Court of which he is for the time being Sessions Court Judge for the purpose of satisfying himself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of that court.
(2) If a Sessions Court Judge acting under subsection (1) considers that any decision of a Magistrates’ Court is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the High Court.
55–58. (Deleted by Act 7 of 1964).
Part VI — Sessions court
(1) The Yang di-Pertuan Agong may, by order, constitute so many Sessions Courts as he may think fit and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto.
*(2) Subject to this Act or any other written law, a Sessions Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia.
* NOTE—For jurisdiction of Sessions Court in Sabah and Sarawak–see P.U. (A) 357/1980.
(3) Each Sessions Court shall be presided over by a Sessions Court Judge appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Judge.
(4) Sessions Courts shall ordinarily be held at such places as the Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.
No person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation:
Provided that this section shall not prevent the appointment of a person to act temporarily as a Sessions Court Judge.
Subject to the provisions and limitations contained in this Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District Judge, Magistrate of any description or Coroner of Peninsular Malaysia shall, without prejudice to section 80, be vested in, conferred and imposed upon a Sessions Court Judge, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date of the coming into force of that law.
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
At any sitting of a Sessions Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.
Criminal Jurisdiction of Sessions Courts
A Sessions Court shall have jurisdiction to try all offences other than offences punishable with death.
A Sessions Court may pass any sentence allowed by law other than the sentence of death.
Civil Jurisdiction of Sessions Courts
(1) Subject to the limitations contained in this Act, a Sessions Court shall have—
(a) unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress;
(b) jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed one million ringgit; and
(c) without prejudice to the generality of paragraph (b), jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or
for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court.
(2) (Deleted by Act A434).
(3) When the parties to an action or suit which, if the amount in dispute or value of the subject matter thereof did not exceed the limit of the jurisdiction, would be cognizable by a Sessions Court, have entered into an agreement in writing that the Sessions Court shall have jurisdiction to try the action or suit, the Sessions Court shall have jurisdiction to try the same, although the amount of the subject matter thereof may exceed the value limit of jurisdiction.
(4) Every such agreement shall be filed in the Sessions Court and, when it is so filed, the parties to it shall be subject to the jurisdiction of the Sessions Court.
(5) A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it—
(a) grant an injunction; and
(b) make a declaration,
whether or not any other relief, redress or remedy is or could be claimed.
(1) Where in any action or suit of a civil nature before a Sessions Court any defence or counterclaim of the defendant involves matters beyond the jurisdiction of the Court, the defence or matter shall not affect the competence or the duty of the Sessions Court to dispose of the whole matter in controversy, so far as relates to the demand of the plaintiff and any defence thereto, but no relief exceeding that which the Court has jurisdiction to award shall be given to the defendant upon the counterclaim.
(2) In any such case the High Court may, if it thinks fit, on the application of any party, order that the action or suit be transferred to the High Court, and the action or suit shall then be entered in the cause book or register of civil suits of the High Court, and proceeded with as if the action or suit had been originally instituted therein.
A plaintiff may relinquish any portion of his claim in order to bring the action or suit within the jurisdiction of the Sessions Court, but he shall not afterwards sue in respect of the portion so relinquished.
Claims may not be split, nor more than one action or suit of a civil nature brought in respect of the same cause of action against the same party.
Sessions Courts shall have no jurisdiction in actions, suits or proceedings of a civil nature—
(a) relating to immovable property except as provided in sections 70 and 71;
(b) (Deleted by Act A1382).
(c) (Deleted by Act A1382).
(d) (Deleted by Act A1382).
(e) to enforce trusts;
(f) for accounts;
(g) for declaratory decrees except in making a declaration under paragraph 65(5)(b) and interpleader proceedings under section 73;
(h) for the issue or revocation of grants of representation of the estates of deceased persons or the administration or distribution thereof;
(i) wherein the legitimacy of any person is in question;
*(j) wherein the guardianship or custody of infants is in question; and
(k) except as specifically provided in any written law for the time being in force, wherein the validity or dissolution of any marriage is in question.
(1) Subject to subsection (4), a Sessions Court shall have jurisdiction to hear and determine any action or suit for the recovery of immovable property, and thereupon to issue order to the proper officer of the Court to put the plaintiff in possession of the property.
(2) In any such action or suit, there may be added a claim for rent or mesne profits and for damages arising to the plaintiff from the defendant holding over or resisting his right of possession or re-entry, and for damages for breach of any covenant, condition or agreement in relation to the premises.
(3) (Deleted by Act A887).
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
(4) Except as provided in section 71, the aforesaid jurisdiction shall not be exercised in any case where, in the opinion of the Court, there is a bona fide question of title involved and, subject to that section, recovery of possession of any immovable property under this section shall be no bar to the institution of an action, suit or proceeding of a civil nature in the High Court for trying the title thereto.
If in any action or suit before a Sessions Court, the title to any immovable property is disputed, or the question of the ownership thereof arises, the Court may adjudicate thereon if all parties interested consent; but, if they do not all consent, the Sessions Court Judge shall apply to the High Court to transfer the action or suit to itself.
A Sessions Court shall have jurisdiction to issue writs or warrants of distress for rent.
A Sessions Court shall have jurisdiction to grant relief by way of interpleader and to order the sale of any property subject to interpleader proceedings—
(a) where the proper officer of a Sessions Court is charged with the execution of any writ, warrant or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ, warrant or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ, warrant or order was issued or made; or
(b) where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed one million ringgit and for or in respect of which he has been or expects to be sued by two or more parties making adverse claims thereto.
*NOTE—For actions and suits concerning immovable property in Sarawak–see P.U. (A) 357/1980.
Where a claim is made to or in respect of any movable property seized under a writ, warrant or order issued or made by a Sessions Court, the Sessions Court may, on the application of the person at whose instance the writ, warrant or order was issued or made, order the proper officer of the Court to sell the property claimed as if no such claim had been made and to pay the proceeds of the sale into court to abide the decision of the Sessions Court, unless the claimant gives security in such manner and within such time as the Sessions Court thinks fit.
(Deleted by Ord. 29 of 1951).
Part VII — Magistrates’ courts
(1) The Yang di-Pertuan Agong may, by order, constitute so many Magistrates’ Court as he may think fit, and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto.
*(2) Subject to this Act or any other written law, a Magistrates’ Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia:
Provided that no Magistrate shall have jurisdiction to hear or determine any cause or matter arising in any State in and for which he has not been appointed to be a Magistrate save in the manner and to the extent provided in the Criminal Procedure Code [Act 593] and the law for the time being in force relating to civil procedure.
(3) Magistrates’ Courts shall ordinarily be held at such places as the Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.
Ex officio First Class Magistrates
**77. (1) The persons for the time being holding or acting in the offices specified in the Fourth Schedule shall, ex-officio, be First Class Magistrates, in and for the respective States designated therein.
(2) The Yang di-Pertuan Agong may, by notification in the Gazette, delete any office from, vary, or add any office to, the list of offices in the Fourth Schedule.
Appointment of First Class Magistrates
***78. Without prejudice to section 77, the State Authority may, on the recommendation of the Chief Judge in each case, appoint any fit and proper person to be a First Class Magistrate in and for the State.
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980. ** NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A) 357/1980. *** NOTE—For application in Federal Territory–see P.U. (A) 43/1974.
(1) Orang yang sedang memegang atau memangku jawatan yang dinyatakan dalam Jadual Keempat hendaklah, ex officio, menjadi Majistret Kelas Pertama dalam dan bagi Negeri-Negeri berkenaan yang ditetapkan dalamnya.
(2) Yang di-Pertuan Agong boleh, melalui pemberitahuan dalam Warta, memotong mana-mana jawatan daripada, mengubah, atau menambah apa-apa jawatan kepada, senarai jawatan dalam Jadual Keempat.
Pelantikan Majistret Kelas Pertama
**78. Tanpa menjejaskan seksyen 77 Pihak Berkuasa Negeri boleh, atas syor Hakim Besar dalam setiap hal, melantik manamana orang yang layak dan sesuai untuk menjadi Majistret Kelas Pertama dalam dan bagi Negeri itu.
Part VII — Magistrates’ courts
No person shall be appointed to be a First Class Magistrate unless he is a member of the Judicial and Legal Service of the Federation: Provided that this section shall not prevent the appointment of a person to act temporarily as a First Class Magistrate.
The State Authority may appoint any fit and proper person to be a Second Class Magistrate in and for the State.
Transfer of powers to Magistrates
**80. (1) Subject to the provisions and limitations contained in this Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District Judge, Magistrate of any description or Coroner of Peninsular Malaysia shall, without prejudice to section 61, be vested in, conferred and imposed upon Magistrates appointed under this Act, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date of the coming into force of that law.
* NOTE—For application in Federal Territory, The Yang di-Pertuan Agong may appoint–see P.U. (A) 43/1974. ** NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A) 357/1980.
(2) Every person appointed to be a First Class Magistrate under or by virtue of this Act shall be ex-officio a Justice of the Peace within and for the State in and for which the First Class Magistrate was so appointed and all powers, duties and functions which, by any written law for the time being in force in Peninsular Malaysia or any part thereof, are vested in or conferred or imposed upon, a Justice of the Peace appointed in and for any State shall be vested in, conferred and imposed upon every such First Class Magistrate so appointed for the State.
Any Magistrate of either class may sit in any Magistrates’ Court within the local limits of his jurisdiction for the purpose of hearing and determining any cause or matter, civil or criminal, over which he has jurisdiction by virtue of this or any other written law for the time being in force.
A Magistrates’Court constituted under this Act shall, for all purposes, be deemed to be the Court of a First Class Magistrate, and shall have all the powers and jurisdiction conferred on a First Class Magistrate by this Act or any other written law, and any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may exercise the powers and jurisdiction of the Court:
Provided that a Second Class Magistrate shall not hold any preliminary inquiry or proceed to the final trial and determination of any cause or matter which is not within the jurisdiction conferred upon him by section 88 or 92 or by any other written law.
Without prejudice to the generality of section 82 or to section 5—
(a) any summons, writ, warrant or other process, whether civil or criminal, issued by a Magistrates’ Court may be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate notwithstanding that it is or was not within the competency of the Magistrate to try and determine the cause or matter to which the summons, writ, warrant or other process relates;
(b) in any cause or matter, whether civil or criminal, before a Magistrates’ Court any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may make any interlocutory or interim order not involving the final trial and determination of the cause or matter including, but without prejudice to the generality of the foregoing, orders relating to adjournments, remands and bail, execution of judgments and decrees, and transfers of proceedings to Sessions Courts.
At any sitting of a Magistrates’ Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.
Criminal Jurisdiction of Magistrates
Subject to limitations contained in this Act a First Class Magistrate shall have jurisdiction to try all offences for which the maximum term of imprisonment provided by law does not exceed ten years imprisonment or which are punishable with fine only and offences under sections 392 and 457 of the Penal Code.
(Deleted by Act A1382).
(1) A First Class Magistrate may pass any sentence allowed by law not exceeding—
(a) five years’ imprisonment;
(b) a fine of ten thousand ringgit;
(c) whipping up to twelve strokes; or
(d) any sentence combining any of the sentences aforesaid:
Provided that where, by any law for the time being in force, jurisdiction is given to the Court of any Magistrate to award punishment for any offence in excess of the power prescribed by this section, a First Class Magistrate may, notwithstanding anything herein contained, award the full punishment authorized by that law.
(2) Notwithstanding subsection (1), where a First Class Magistrate has convicted any person and it appears that, by reason of any previous conviction or of his antecedents, a punishment in excess of that prescribed by subsection (1) should be awarded, then the First Class Magistrate may award the full punishment authorized by law for the offence of which the person has been convicted and shall record his reason for so doing.
A Second Class Magistrate shall only have jurisdiction to try offences for which the maximum term of imprisonment provided by law does not exceed twelve months’ imprisonment of either description or which are punishable with fine only:
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Provided that if a Second Class Magistrate is of the opinion that in the circumstances of the case, if a conviction should result, the powers of punishment which he possesses would be inadequate, he shall take the necessary steps to adjourn the case for trial by a First Class Magistrate.
A Second Class Magistrate may pass any sentence allowed by law—
(a) not exceeding six months’ imprisonment;
(b) a fine of not more than one thousand ringgit; or
(c) any sentence combining either of the sentences aforesaid.
Civil Jurisdiction of Magistrates
Subject to the limitations contained in this Act, a First Class Magistrate shall have jurisdiction to try all actions and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed one hundred thousand ringgit.
(Deleted by Act A1382).
A Second Class Magistrate shall only have jurisdiction to try original actions or suits of a civil nature where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, not exceeding ten thousand ringgit.
* NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
(1) Subsections 65(3) and (4) and of sections 66 to 70 and 72 to 74 shall apply mutatis mutandis to Magistrates’ Courts:
Provided that for the purpose of proceedings in Magistrates’ Courts, paragraph 73(b) shall be read as if the words “one hundred thousand” were substituted for the words “one million”.
(2) Nothing in this section shall operate to extend the jurisdiction of Second Class Magistrates as otherwise limited by this Act.
Mahkamah Penghulu boleh mendengar dan memutuskan prosiding asal daripada jenis sivil yang plaintif bertujuan untuk mendapat kembali hutang atau tuntutan jumlah tertentu wang, dengan atau tanpa bunga, yang tidak melebihi lima puluh ringgit dan yang dalamnya semua pihak kepada prosiding itu daripada ras Asia yang bertutur dan memahami bahasa Melayu.
(1) Bidang kuasa jenayah Mahkamah Penghulu terhad kepada perbicaraan kesalahan jenis kecil yang dinyatakan secara khusus dalam Kuasanya dan yang boleh dihukum dengan memadai dengan denda yang tidak melebihi denda yang boleh diawardkan oleh Mahkamah Penghulu di bawah seksyen 96.
(2) Bidang kuasa jenayah Mahkamah Penghulu juga dihadkan kepada perbicaraan pertuduhan terhadap orang daripada ras Asia.
(3) Mana-mana orang yang dipertuduh atas suatu kesalahan di hadapan Mahkamah Penghulu boleh memilih untuk dibicarakan oleh Mahkamah Majistret, dan orang itu hendaklah diberitahu oleh Penghulu, sebelum perbicaraannya dimulakan, tentang haknya untuk memilih sedemikian. Jika mana-mana orang memilih untuk dibicarakan oleh Mahkamah Majistret di bawah subseksyen ini, Penghulu hendaklah dengan serta-merta mengambil apa-apa langkah yang perlu bagi memindahkan kes itu ke Mahkamah Majistret.
Mahkamah Penghulu boleh menjatuhkan apa-apa hukuman yang dibenarkan oleh undang-undang yang tidak melebihi denda sebanyak dua puluh lima ringgit.
*CATATAN—Bagi pemakaian di Sabah dan Sarawak–lihat P.U. (A) 357/1980.
(1) Sekiranya apa-apa perintah yang sah dibuat oleh Mahkamah Penghulu tidak dipatuhi, Mahkamah itu boleh melaporkan perkara itu, bersama dengan suatu salinan segala prosiding mengenainya, kepada Mahkamah Majistret, dan sesudah itu Mahkamah Majistret boleh menguatkuasakan perintah itu seolah-olah perintah itu ialah suatu perintah yang dibuat olehnya.
(2) Bagi maksud menguatkuasakan apa-apa perintah sedemikian Mahkamah Majistret boleh menjalankan apa-apa kuasa atau membuat apa-apa perintah tambahan yang mungkin dijalankan atau dibuat olehnya jika perintah yang kena dikuatkuasakan itu telah dibuat olehnya pada mulanya.
†*BAHAGIAN IX
JAKSA PENDAMAI
Part IX — Justices of the peace
The State Authority may, by warrant under his hand, appoint such persons as he may deem fit to be Justices of the Peace within and for the State, and may in like manner revoke any such appointment. All appointments and revocations of appointments made under this section shall be notified in the Gazette.
Justices of the Peace shall have and may exercise within the State for which they are appointed such powers not exceeding the powers of a Second Class Magistrate as may be conferred upon them by any written law. † NOTE—Part IX is not applicable in Sarawak–see P.U. (A) 357/1980. * NOTE—For application in Federal Territory–see P.U. (A) 43/1974. ** NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Part X — Miscellaneous
In amplification and not in derogation of the powers conferred by this Act or inherent in any court, and without prejudice to the generality of any such powers, every Sessions Court and Magistrates’ Court shall have the further powers and jurisdiction set out in the Third Schedule.
(Deleted by Act A1382).
(1) The place in which any court is held for the purpose of trying any cause or matter, civil or criminal, or holding any inquiry, shall be deemed an open and public court to which the public generally may have access:
Provided that the court shall have power to hear any matter or proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason so to do.
(2) A court may at any time order that no person shall publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; and any person who acts in contravention of any such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Subject to the limitations contained in this Act, a Sessions Court Judge shall have the power to hear any matter or proceedings in chambers.
When a person is convicted at one trial of any two or more distinct offences a Magistrates’ Court may sentence him for those offences to the several punishments prescribed therefor which the court is competent to inflict, the punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, or to run concurrently if the court shall so direct, but 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 one single offence, to send the offender for trial before a higher court:
Provided that—
(a) in no case shall the person be sentenced to periods of imprisonment amounting in the aggregate to more than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the court in the exercise of its ordinary jurisdiction is competent to inflict; and
(c) when imprisonment is directed in default of payment of a fine or of costs or compensation ordered under the authority of any law for the time being in force, the imprisonment shall be consecutive to any other term of imprisonment so directed and to any sentence of imprisonment otherwise imposed.
An offender sentenced to undergo corporal punishment may be detained in a prison or some other convenient place for such time as may be necessary for carrying the sentence into effect, or for ascertaining whether the same shall be carried into effect.
s 104Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matterOpen ↗
A Sessions Court Judge or a Magistrate shall have jurisdiction in any criminal cause or matter, whether or not he has jurisdiction finally to hear and determine the same, to order, in any case where the interests of justice so require, that the cause or matter be transferred to any other Sessions Court or Magistrates’ Court, as the case may be, which in his opinion has jurisdiction to hear and determine the same, and the same may be continued in that other Court accordingly:
Provided that nothing in this section shall be deemed to confer jurisdiction on any court to which a proceeding is so transferred, if that court would not otherwise have jurisdiction in respect thereof.
(Deleted by Ord. 34 of 1955).
There shall be appointed such and so many subordinate officers as shall, from time to time, appear to the Chief Judge with the concurrence of the Yang di-Pertuan Agong to be necessary for the administration of justice and the due execution of all powers and authorities which are vested in any court.
(1) No Sessions Court Judge, Magistrate or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.
(2) No officer of any court or other person bound to execute the lawful warrants or orders of any Sessions Court Judge, Magistrate or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the person issuing the same.
(3) No sheriff, bailiff or other officer of the court charged with the duty of executing any judgment, order or warrant of distress, or of attaching any property before judgment, shall be liable to be sued in any civil court in respect of any property seized by him, or in respect of damage caused to any property in effecting or attempting to effect the seizure, unless it shall appear that he knowingly acted in excess of the authority conferred upon him by the writ, warrant or order in question, and he shall not be deemed to have acted knowingly in excess of his authority merely by reason of knowing of the existence of a dispute as to the ownership of the property so seized.
(Deleted by Act 7 of 1964).
In the event of inconsistency or conflict between this Act and any other written law in force at the commencement of this Act, the provisions this Act shall prevail.
(1) The Ordinances and Enactments set out in the Fifth Schedule hereto are hereby repealed to the extent specified in the third column of the Schedule.
(2) (Omitted).
(3) All appointments and all rules of court and other subsidiary legislation in force at the commencement of this Act under or by virtue of any Ordinance or Enactment or any provision thereof repealed by this Act shall continue in force until other provision is made under or by virtue of this Act or any other written law for the time being in force and shall, so far as the same relate to any court in existence in Peninsular Malaysia before the commencement of this Act, be deemed to relate, so far as may be applicable, to the corresponding court established by or referred to in this Act. For the purposes of this subsection appointments of District Judges shall be deemed to operate as appointments of Sessions Courts Judges.
(Omitted).
* NOTE—For Sabah and Sarawak–see P.U. (A) 357/1980.
(Deleted by Act 7 of 1964)
(Deleted by Act 7 of 1964)
[Section 99A]
ADDITIONAL POWERS OF SESSIONS COURTS AND MAGISTRATES’ COURTS
Res judicata and multiplicity of proceedings
1. Power to dismiss or stay proceedings where the matter in question is res judicata between the parties, or where by reason of multiplicity of proceedings in any court the proceedings ought not to be continued.
Stay of proceedings
2. (1) Power to stay proceedings unless they have been instituted in the District in which—
(a) the cause of action arose;
(b) the defendant resides or has his place of business;
(c) one of several defendants resides or has his place of business;
(d) the facts on which the proceedings are based exist or are alleged to have occurred; or
(e) for other reasons it is desirable in the interests of justice that the proceedings should be had.
(2) (Omitted).
Transfer of proceedings
3. (1) (Deleted by Act 7 of 1964).
(2) Power, on application or of its own motion, to transfer any proceedings to another court of co-ordinate jurisdiction.
Service out of the jurisdiction
*4. Power to allow service of its process outside Malaysia in the Republic of Singapore or Sabah, Sarawak or Brunei, or, with the leave of the High Court, elsewhere.
Service
5. Power, subject to any written law, to order service of its process at any place or time and in any manner, and to order that service be deemed to have been effected at any time.
Set-off
6. (1) Power to allow a defence of set-off in any case where the defence would be allowed in the High Court in England.
(2) Where in any action a set-off or counterclaim is established as a defence against the planitiff’s claim the court may, if the balance is in favour of the defendant, give judgment for the defendant for the balance or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case:
Provided that no relief exceeding that which the court has otherwise jurisdiction to award shall be given to the defendant upon the set-off or counterclaim.
Discovery and interrogatories
7. Power to order discovery of facts or documents by any party or person in such manner as may be prescribed by rules of court.
*NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Process to compel attendance
8. (1) Subject as hereinafter provided, power to issue process to secure the attendance of any person in court for any purpose, whether by warrant of arrest or summons, and to require any person to give security for his appearance or to meet any claim or demand, in such manner as may be prescribed by rules of court.
(2) In default of compliance with any such order for security, or in order to ensure the attendance in court of any person, the court may order that the person be committed to prison for such period, not exceeding six months, and in such manner as may be prescribed by rules of court.
(3) No proceedings shall issue to compel the attendance of any person who, by virtue of any written law, is exempted from personal attendance in court.
(4) The court may by notice addressed to the officer in charge of the prison require any person in prison to be brought before it for any purpose.
Commitment
9. (1) Power to commit to prison for such period, not exceeding six months, and in such manner as may be prescribed by rules of court, any person who wilfully disobeys of fails to comply with any order of the court, or who, with a view to defeating the ends of justice or preventing or delaying the satisfaction of a judgment or order passed, or which may be passed, against him, flees or attempts to flee the jurisdiction, or disposes or attempts to dispose of any property, or evades or attempts to evade the service on him of any process of the court.
(2) No order for arrest or commitment under this paragraph or paragraph 8 shall operate to discharge or satisfy any debt.
Attachment before judgment
10. Power, in such manner as may be prescribed by rules of court, to order the attachment and sale of any property of any person whom it might commit to prison under paragraph 9.
Service of process
*11. Power to serve the process of any court outside Peninsular Malaysia.
*NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Poor person
12. Power to permit any person to sue or be sued as a poor person and to withdraw the permission in such manner as may be prescribed by rules of court.
13. (Deleted by Act 7 of 1964).
Office copies and certified copies
14. Power to issue and use for any purpose office copies or certified copies of any proceedings in that court, and to use and act upon any office copy or certified copy issued by another court.
Costs
15. Power to award costs of any proceedings including proceedings which have been stayed and proceedings beyond its jurisdiction; all such costs to be in the discretion of the court, save as by any written law provided.
Execution of documents
16. Power to execute, or direct any of its officers to execute, any transfer, conveyance, assignment, contract or other document, including an endorsement on a negotiable instrument, which any person has been ordered by the court to execute, if he has neglected or refused to execute the same or is out of the jurisdiction, and the same shall operate to all intents as if executed by that person.
17. (Deleted by Act 7 of 1964).
Execution
*18. (1) For the purpose of executing any judgment or order or of attaching property before judgment the court by its appropriate officer may break into any house or other enclosed premises, using such force as may be necessary, and may similarly break into any part thereof or any safe, cupboard, or other container therein.
(2) Power to examine any person as to his or any other person’s property or as to any disposal thereof.
*NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U.(A) 43/1974, P.U. (A) 72/1974 and P.U. (A) 357/1980.
(3) Power to act in aid of another court by executing or carrying out any judgment or order thereof in like manner as it could itself have done to the extent and in manner prescribed by rules of court.
(4) Power, in the course of, or in connection with, the execution of a judgment or order or the attachment of property before judgment, to make all proper orders, deal with property and award damages or compensation, arising out of the execution or attachment, notwithstanding that the value of the property or amount of the damages or compensation exceed the pecuniary limit of the jurisdiction of the court as set out in sections 65, 90 and 92.
(5) (a) In this subparagraph “Islamic Religious Court” shall include Syariah Courts, Courts of Muftis, Courts of Chief Kadi, Courts of Kadi, Councils and similar bodies authorized by any written law to exercise judicial functions in relation to Islamic law or Malay customary law, and the Yang di-Pertuan Agong or a Ruler, when exercising judicial functions in relation to Islamic law or Malay customary law.
(b) A Sessions Court in the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor or Terengganu may execute any judgment or order of an Islamic Religious Court having jurisdiction in the State in which the Sessions Court is situate, where the amount or value of the subject matter exceeds five thousand ringgit and notwithstanding that it may exceed the pecuniary limit of the jurisdiction of that Court.
(c) A Magistrates’ Court presided over by a First Class Magistrate in the Federal Territory or the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor or Terengganu may in the like manner execute any such judgment or order, where the amount or value of the subject matter does not exceed five thousand ringgit.
Discharge of orders
19. Power to discharge, vary or suspend the operation of any of its judgments or orders to the extent and in manner provided by rules of court.
Punishment of corporation
20. Power, where any corporation is guilty of any act or omission which, if it were an individual, would render it liable to arrest or commitment, to order the arrest of or commit any officer of the corporation who caused or willfully permitted or contributed to the act or omission, and also to fine the corporation.
Interest
21. Power to direct interest to be paid on debts, including judgment debts or on sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court.
Time
22. Power to enlarge or abridge the time prescribed by any written law for doing any act or taking any proceedings, although any application therefor be not made until after the expiration of the time prescribed.
Enforcement of judgment
23. Power to enforce a judgment of the Court in any manner which may be prescribed in any written law.
24. (Omitted).
Defence
25. Power, notwithstanding section 69, to give the like effect to every ground of defence, whether equitable or legal, as ought to be given in the like case by the High Court and in as full and ample a manner.
Contempt of court
26. Power to take cognizance of any contempt of court and to award punishment for the same, not exceeding, in the case of a Sessions Court, a fine of three hundred ringgit or imprisonment for six weeks, in the case of a Magistrates’ Court presided over by a First Class Magistrate, a fine of one hundred and fifty ringgit or imprisonment for three weeks, and in the case of a Magistrates’ Court presided over by a Second Class Magistrate, a fine of fifty ringgit or imprisonment for one week, to such extent and in such manner as may be prescribed by rules of court. If the contempt of court is punishable as an offence under the Penal Code, the court may, in lieu of taking cognizance thereof, authorize a prosecution.
Interim payments
26A. Power to make interim payments.
Powers under other laws
27. Such other powers as are now or may hereafter be conferred upon it by any written law.
*FOURTH SCHEDULE
[Subsection 77(1)]
EX OFFICIO FIRST CLASS MAGISTRATES
For All States
Deputy Chief Secretaries.
Principal Assistant Secretary to Chief Secretary.
Chief Registrar of the Federal Court.
Deputy Registrars (in Peninsular Malaysia) of the Federal Court.
Senior Assistant Registrars (in Peninsular Malaysia) of the Federal Court.
Assistant Registrars (in Peninsular Malaysia) of the Federal Court.
Registrar of the High Court in Malaya.
Deputy Registrars of the High Court in Malaya.
Senior Assistant Registrars of the High Court in Malaya.
Assistant Registrars of the High Court in Malaya.
Sessions Courts Judges.
Registrar of the Subordinate Courts in Malaya.
Registrar of the Subordinate Courts in Sabah and Sarawak.
Deputy Registrars of the Subordinate Court.
†Senior Assistant Registrars of the Subordinate Courts.
For their respective States
State Secretaries.
Under Secretaries.
First Assistant Secretaries to State Secretaries.
*NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A) 357/1980. † NOTE—see P.U. (B) 65/2013.
Directors of Lands and Mines.
District Officers.
District Administrative Officers.
Assistant District Officers in charge of Sub-Districts.
Land Administrator for the Federal Territory.
**EX OFFICIO SECOND CLASS MAGISTRATES † Assistant Registrars of the Subordinate Courts
**NOTE—For application in Sabah–see P.U. (A) 357/1980. † NOTE—see P.U. (B) 65/2013.
*FIFTH SCHEDULE
[Section 110]
REPEAL
Ordinances and Short title Extent of repeal Enactment
F.M.S. Cap. 2 The Courts Enactment The whole Enactment, except the provisions relating to the Courts of Kadi and Assistant Kadi and appeals therefrom
Johore Enactment The Courts Enactment ,, ,, No. 54
Kedah Enactment Enactment No. 25 ,, ,, No. 25 (Courts)
Kelantan Enactment The Courts Enactment ,, ,, No. 31 of 1938
Perlis Enactment The Courts Enactment ,, ,, No. 4 of 1330 1330
Terengganu The Courts Enactment ,, ,, Enactment No. 4 of 1340
S.S. Cap. 10 The Courts Ordinance The whole
S.S. Cap. 11 The Court of Criminal ,, Appeal Ordinance
Johore Enactment The Justices of the ,, No. 7 of 1935 Peace Enactment 1935
Kedah Enactment The Justices of the ,, No. 28 of 1354 Peace Enactment
S.S. Cap. 21 The Criminal Procedure Section 17 Code
*NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
Ordinances and Short title Extent of repeal Enactment
M.U. Ordinance The Courts Ordinance The whole No. 3 of 1946
LAWS OF MALAYSIA
SUBORDINATE COURTS ACT 1948
Cite this legislation
- Official citation
- Act 92
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Subordinate Courts Act 1948 [Act 92] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-92
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).