Criminal Justice Ordinance, 1953

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Criminal Justice Ordinance, 1953
(Now Criminal Justice Act 1953 [Act 345]) (1953)
Federal Legislative Council of Malaya

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Date of Commencement: 1 July 1957 (Peninsular Malaysia)

Extended to Sabah and Sarawak on 8 November 1991 (P.U.(A) 407/1991)
Extended to Labuan on 8 November 1991 (P.U.(A) 404/1991)

Duration of life imprisonment increased to 30 years—see Criminal Justice (Amendment) Act 2007 [Act A1302].

5101916Criminal Justice Ordinance, 1953
(Now Criminal Justice Act 1953 [Act 345])1953Federal Legislative Council of Malaya

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Federation of Malaya.

No. 14 of 1953.

THE CRIMINAL JUSTICE ORDINANCE, 1953

Their Highnesses the Rulers of the Malay States assent hereto	I assent
Rulers’ Seal	Public Seal of the Federation

Witnesses to the affixing of the Rulers’ Seal:

BADLISHAH,
(in Malay)
Sultan of Kedah

G. W. R. TEMPLER,
High Commissioner

27th April, 1953.

PUTRA ibni HASSAN JAMALULLAIL,

Raja of Perlis.

25th April, 1953.

An Ordinance to abolish penal servitude and to amend the law relating to methods of imprisonment; to amend the law relating to whipping; and for purposes connected therewith.

[30th April, 1953.]

Whereas it is expedient to amend the laws relating to methods of punishment for offenders against the law:

And whereas in pursuance of Clause 49 of the Federation of Malaya Agreement, 1948, resolutions have been passed by the Councils of State of Johore, Kedah, Kelantan, Negri Sembilan, Pahang, Perlis, Selangor and Trengganu and the Settlement Councils of Penang and Malacca to the effect that it is expedient for the sake of uniformity that provisions for the above purpose be made by Federal Ordinance in all matters not included in the first column of the Second Schedule to the said Agreement:

Now, therefore, IT IS HEREBY ENACTED by the High Commissioner of the Federation of Malaya and Their Highnesses the Rulers of the Malay States with the advice and consent of the Legislative Council as follows:

Short title and extent. 1. This Ordinance may be cited as the Criminal Justice Ordinance, 1953, and shall have effect throughout the Federation:

Provided that, in so far as it affects any matter not included in the first column of the Second Schedule to the Federation of Malaya Agreement, 1948, this Ordinance shall not extend to any State except by virtue of a resolution in that behalf passed in accordance with the provisions of Clause 49 of the said Agreement.

Abolition of penal servitude, rigorous and simple imprisonment. 2. (1) No person shall be sentenced by a Court to penal servitude; and every law conferring power on a Court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Ordinance.

(2) No person shall be sentenced by a Court to rigorous imprisonment or to simple imprisonment; and every law conferring power on a Court to pass a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description, shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of rigorous imprisonment, simple imprisonment or imprisonment of either description could have been passed in that case immediately before the commencement of this Ordinance.

(3) Any person who immediately before the commencement of this Ordinance was undergoing or liable to undergo a term of penal servitude under a sentence passed by any Court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not penal servitude for that term.

(4) Any person who immediately before the commencement of this Ordinance was undergoing or liable to undergo a term of rigorous imprisonment or of simple imprisonment under a sentence passed by any Court or as a commuted punishment for an offence for which he was sentenced to death, shall be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not rigorous imprisonment or simple imprisonment for that term.

Life sentences. 3. Where any person is treated as having been sentenced or is hereafter sentenced to imprisonment for life, such sentence shall be deemed for all purposes to be a sentence of imprisonment for twenty years.

Abolition of whipping with cat-o’-nine tails, etc. 4. No person shall be sentenced by a Court to whipping with a cat-o’-nine tails; and every law conferring power on a Court to pass a sentence of whipping with a cat-o’-nine tails, or whipping, shall be construed as conferring power to pass a sentence of whipping with a rattan.

Amendment of Criminal Procedure Codes.
F.M.S. Cap. 6;
No. 13 of 1947.
S.S. Cap. 21. 5. Section 301 of the Criminal Procedure Code in force in the Malay States and section 293 of the Criminal Procedure Code in force in the Settlements are each of them hereby amended by the substitution of the words, brackets and letters—

“(b) Imprisonment;

(c) Fine.”

for the words, brackets and letters—

“(b) Penal Servitude;

(c) Rigorous Imprisonment for a term not exceeding that to which he might have been sentenced;

(d) Simple Imprisonment for a like term;

(e) Fine.”

which occur in each of them.

Repeal of certain sections of Penal Code.
F.M.S. Cap. 45;
F.M, No. 32 of 1948. 6. Sections 53, 59, 60, 73 and 74 of the Penal Code are hereby repealed.

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