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Subordinate Courts Act 1948

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92

Incorporating all amendments up to 13 May 2013

First enacted ... ... ... ... ... ...

1948 (Ordinance No. 43 of 1948)

Revised ... ... ... ... ... ... ...

1972 (Act 92 w.e.f. 1 January 1972)

Date of coming into operation ... ...

Peninsular Malaysia--"1 January 1949;Sabah and Sarawak--"1 June 1981

ACT 92 
SUBORDINATE COURTS ACT 1948 
(Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title and application

2.Interpretation

Part II GENERAL

SECTION

3.Courts

4.Seals of courts

5.Process of courts

5A.Registrar

Part III SUPREME COURT

SECTION

6 - 12.(Deleted)

Part IV COURT OF APPEAL

SECTION

13 - 42.(Deleted)

Part V HIGH COURT

SECTION

43 - 51.(Deleted)

Part V HIGH COURT

Revision by High Court of Proceedings of Subordinate Courts

SECTION

52 -53.(Deleted)

54.Power of Sessions Court Judge to call for civil records of courts subordinate thereto

55 -58.(Deleted)

Part VI SESSIONS COURT

General

SECTION

59.Constitution and territorial jurisdiction of Sessions Courts

60.Qualifications of Sessions Courts Judges

61.Transfer of powers to Sessions Courts Judges

62.Nature of business at any sitting

Part VI SESSIONS COURT

Criminal Jurisdiction of Sessions Courts

SECTION

63.Criminal jurisdiction

64.Sentences

Part VI SESSIONS COURT

Civil Jurisdiction of Sessions Courts

SECTION

65.Civil jurisdiction of Sessions Courts

66.Counterclaims in Sessions Courts and transfers therefrom

67.Relinquishing part of claim

68.Splitting claims not allowed

69.Exceptions to jurisdiction

70.Recovery of immovable property

71.Jurisdiction to adjudicate on title to immovable property with consent of parties

72.Power to issue distress

73.Interpleader

74.Power to order sale unless security given

75.(Deleted)

Part VII MAGISTRATES' COURTS

General

SECTION

76.Constitution and territorial jurisdiction of Magistrates' Courts

77.Ex officio First Class Magistrates

78.Appointment of First Class Magistrates

78A.Qualifications of First Class Magistrates

79.Appointment of Second Class Magistrates

80.Transfer of powers to Magistrates

81.Magistrate of any class may preside in Magistrates' Court

82.General powers and jurisdiction of Magistrates' Courts and Magistrates

83.Preliminary process and interlocutory orders

84.Nature of business at any sitting

Part VII MAGISTRATES' COURTS

Criminal Jurisdiction of Magistrates

SECTION

85.Criminal jurisdiction of First Class Magistrate

86.(Deleted)

87.Sentences within competence of First Class Magistrate

88.Criminal jurisdiction of Second Class Magistrate

89.Sentences within competence of Second Class Magistrate

Part VII MAGISTRATES' COURTS

Civil Jurisdiction of Magistrates

SECTION

90.Civil jurisdiction of First Class Magistrate

91.(Deleted)

92.Civil jurisdiction of Second Class Magistrate

93.Provisions of Act relating to Sessions Courts applicable to Magistrates' Courts

Part VIII PENGHULU'S COURTS IN WEST MALAYSIA

SECTION

94 -97.(Deleted)

Part IX JUSTICES OF THE PEACE

SECTION

98.Appointment of Justices of the Peace

99.Powers of Justices of the Peace

Part X MISCELLANEOUS

SECTION

99A.Further powers and jurisdiction of courts

100.(Deleted)

101.Powers of the court in relation to hearings in camera, etc.

101A.Power of Sessions Court Judge to hear matters in chambers

102.Sentence in case of conviction for several offences at one trial

103.Detention pending corporal punishment

104.Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter

105.(Deleted)

106.Subordinate officers

107.Protection of judicial officers

108.(Deleted)

109.Provision to prevent conflict of laws

110.Repeal and savings

111.(Omitted)

First Schedule(Deleted by Act 7 of 1964)

Second Schedule(Deleted by Act 7 of 1964)

Third Schedule

Fourth Schedule

Fifth Schedule( Repeal)

Note: Saving and transitional

An Act relating to the inferior courts.

[West Malaysia--1 January 1949, Ord. No. 43 of 1948; Sabah and Sarawak--1 June 1981, P.U.(B) 264/1981]

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/1. Short title and application

Part I PRELIMINARY

1. Short title and application

(1) This Act may be cited as the Subordinate Courts Act 1948.

(2) *This Act shall not apply to Sabah and Sarawak

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/2. Interpretation

2. Interpretation

(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 and the High Court in Sabah and Sarawak or either of them, as the case may require;

"local jurisdiction of the High Court"

means--

(a) in the case of the High Court in Malaya the territory comprised in the Federal Territory and the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and

(b) in the case of the High Court in Sabah and Sarawak, the territory comprised in the States of Sabah and Sarawak; 

"Magistrate appointed under this Act"

includes an ex officio Magistrate;

"Penghulu"

(Deleted by Act A1382);

"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 Chapters 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, 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/3. Courts

Part II GENERAL

3. Courts

(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). 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/4. Seals of courts

4. Seals of courts

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/5. Process of courts

5. Process of courts

(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;

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/6-12. Omitted or Deleted Section

Part III SUPREME COURT

6-12. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/13-42. Omitted or Deleted Section

Part IV COURT OF APPEAL

13-42. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/43-51.Omitted or Deleted Section

Part V HIGH COURT

43-51. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/52-53. Omitted or Deleted Section

Part V HIGH COURT

Revision by High Court of Proceedings of Subordinate Courts

52-53. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/54. Power of Sessions Court Judge to call for civil records of courts subordinate thereto

54. Power of Sessions Court Judge to call for civil records of courts subordinate thereto

(1) The Sessions Court Judge may call for and examine the record of any civil proceedings before a Magistrates' Court or Penghulu's 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/55-58. Omitted or Deleted Section

55-58. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/59. Constitution and territorial jurisdiction of Sessions Courts

Part VI SESSIONS COURT

General

59. Constitution and territorial jurisdiction of Sessions Courts

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/60. Qualifications of Sessions Courts Judges

60. Qualifications of Sessions Courts Judges

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/61. Transfer of powers to Sessions Courts Judges

61. Transfer of powers to Sessions Courts Judges

*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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/62.Nature of business at any sitting

62. Nature of business at any sitting

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/63.Criminal jurisdiction

Part VI SESSIONS COURT

Criminal Jurisdiction of Sessions Courts

63. Criminal jurisdiction

A Sessions Court shall have jurisdiction to try all offences other than offences punishable with death.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/64.Sentences

64. Sentences

A Sessions Court may pass any sentence allowed by law other than the sentence of death.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/65. Civil jurisdiction of Sessions Courts

Part VI SESSIONS COURT

Civil Jurisdiction of Sessions Courts

65. 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; and

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/66. Counterclaims in Sessions Courts and transfers therefrom

66. Counterclaims in Sessions Courts and transfers therefrom

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/67. Relinquishing part of claim

67. Relinquishing part of claim

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/68.Splitting claims not allowed

68. Splitting claims not allowed

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/69. Exceptions to jurisdiction

69. Exceptions to jurisdiction

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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/70. Recovery of immovable property

70. Recovery of immovable property

(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 an 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).

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/71.Jurisdiction to adjudicate on title to immovable property with consent of parties

71. Jurisdiction to adjudicate on title to immovable property with consent of parties

*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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/71a. Actions and suits concerning immovable property in Sarawak

71a. Actions and suits concerning immovable property in Sarawak

Sections 70 and 71 shall not apply to any action or suit concerning land in Sarawak to which there is no title issued by the Land Office in Sarawak and in which all the parties are subject to the same native system of personal law.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/72. Power to issue distress

72. Power to issue distress

A Sessions Court shall have jurisdiction to issue writs or warrants of distress for rent.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/73.Interpleader

73. Interpleader

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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/74. Power to order sale unless security given

74. Power to order sale unless security given

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/75.Omitted or Deleted Section

75. Omitted or Deleted Section

(Deleted by Ord. No. 29 of 1951).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/76.Constitution and territorial jurisdiction of Magistrates' Courts

Part VII MAGISTRATES' COURTS

General

76. Constitution and territorial jurisdiction of Magistrates' Courts

(1) The Yang di-Pertuan Agong may, by order, constitute so many Magistrates' 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 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 Judgemay direct, but should necessity arise they may also be held at anyother place within the limits of their jurisdiction.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/77. *Ex officio First Class Magistrates

77. *Ex officio First Class Magistrates

(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 or Second Class Magistrates, as provided in that Schedule, in and for the Federal Territory and 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/78. **Appointment of First Class Magistrates

78. ** Appointment of First Class Magistrates

Without prejudice to section 77--

(a) the Yang di-Pertuan Agong 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 Federal Territory;

(b) 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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/78a.Qualifications of First Class Magistrates

78a. Qualifications of First Class Magistrates

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/79. *Appointment of Second Class Magistrates

79. * Appointment of Second Class Magistrates

(1) The Yang di-Pertuan Agong may appoint any fit and proper person to be a Second Class Magistrate in and for the Federal Territory.

(2) The State Authority may appoint any fit and proper person to be a Second Class Magistrate in and for the State.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/80. *Transfer of powers to Magistrates

80. * Transfer of powers to Magistrates

(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.

(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 Federal Territory or 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 Malaysia or any part thereof, are vested in or conferred or imposed upon, a Justice of the Peace appointed in and for the Federal Territory or any State shall be vested in, conferred and imposed upon every such First Class Magistrate so appointed for the Federal Territory or State.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/81. Magistrate of any class may preside in Magistrates' Court

81. Magistrate of any class may preside in Magistrates' Court

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/82.General powers and jurisdiction of Magistrates' Courts and Magistrates

82. General powers and jurisdiction of Magistrates' Courts and Magistrates

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 section 92 or by any other written law.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/83. Preliminary process and interlocutory orders

83. Preliminary process and interlocutory orders

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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/84. Nature of business at any sitting

84. Nature of business at any sitting

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/85.Criminal jurisdiction of First Class Magistrate

Part VII MAGISTRATES' COURTS

Criminal Jurisdiction of Magistrates

85. Criminal jurisdiction of First Class Magistrate

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/86. Omitted or Deleted Section

86. Omitted or Deleted Section

(Deleted by Act A1382)

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/87. Sentences within competence of First Class Magistrate

87. Sentences within competence of First Class Magistrate

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/88. *Criminal jurisdiction of Second Class Magistrate

88. * Criminal jurisdiction of Second Class Magistrate

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 or which are punishable with fine only:

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/89.Sentences within competence of Second Class Magistrate

89. Sentences within competence of Second 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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/90. Civil jurisdiction of First Class Magistrate

Part VII MAGISTRATES' COURTS

Civil Jurisdiction of Magistrates

90. Civil jurisdiction of First Class Magistrate

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/91.Omitted or Deleted Section

91. Omitted or Deleted Section

(Deleted by Act A1382).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/92.* Civil jurisdiction of Second Class Magistrate

92.* Civil jurisdiction of Second Class Magistrate

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/93. Provisions of Act relating to Sessions Courts applicable to Magistrates' Courts

93. Provisions of Act relating to Sessions Courts applicable to Magistrates' Courts

(1) Subsections65 (3) and (4) and of sections 66 to 70 and 72 to 74 shall apply mutatis mutandis o 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/94. Omitted or Deleted Section

Part VIII PENGHULU'S COURTS IN WEST MALAYSIA

94. Omitted or Deleted Section

(Deleted by Act A1382)

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/95. Omitted or Deleted Section

95. Omitted or Deleted Section

(Deleted by Act A1382)

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/96. Omitted or Deleted Section

96. Omitted or Deleted Section

(Deleted by Act A1382)

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/97. Omitted or Deleted Section

97. Omitted or Deleted Section

(Deleted by Act A1382)

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/98. **Appointment of Justices of the Peace

*Part IX JUSTICES OF THE PEACE

98. ** Appointment of 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/99. *Powers of Justices of the Peace

99. * Powers of Justices of the Peace

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/99A.Further powers and jurisdiction of courts

Part X MISCELLANEOUS

99A. Further powers and jurisdiction of courts

In amplification and not in derogation of the powers conferred by this Act or inherent in any court, andwithout 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/100. Omitted or Deleted Section

100. Omitted or Deleted Section

(Deleted by Act A1382).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/101. Powers of the court in relation to hearings in camera, etc.

101. Powers of the court in relation to hearings in camera, etc.

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/101A.Power of Sessions Court Judge to hear matters in chambers

Part X MISCELLANEOUS

101A. Power of Sessions Court Judge to hear matters in chambers

Subject to the limitations contained in this Act, a Sessions Court Judge shall have the power to hear any matter or proceedings in chambers.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/102.Sentence in case of conviction for several offences at one trial

102. Sentence in case of conviction for several offences at one trial

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. 

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/103.Detention pending corporal punishment

103. Detention pending corporal punishment

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/104.Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter

104. Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter

A Sessions Court Judge or a Magistrate shall have jurisdiction in any criminal cause or matter, whether ornot 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 orMagistrates' 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/105. Omitted or Deleted Section

105. Omitted or Deleted Section

(Deleted by Ord.No. 34 of 1955).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/106. Subordinate officers

106. Subordinate officers

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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/107. Protection of judicial officers

107. Protection of judicial officers

(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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/108. Omitted or Deleted Section

108. Omitted or Deleted Section

(Deleted by Act 7 of 1964).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/109.Provision to prevent conflict of laws

109. Provision to prevent conflict of laws

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 of this Act shall prevail.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/110. Repeal and savings

110. Repeal and savings

(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 West 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.

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/111. Omitted or Deleted Section

111. Omitted or Deleted Section

*(Omitted).

Unannotated Statutes of Malaysia - Principal Acts/SUBORDINATE COURTS ACT 1948 Act 92/SUBORDINATE COURTS ACT 1948 ACT 92,,/First Schedule