CPC

1. INSYIRAH MOHAMAD NOH UKM LAW SCHOOL 19/20
1
1. DEFINITION AND CLASSIFICATION OF OFFENCES
• Crime:-
- “Social harm that the law makes punishable; the breach of a legal duty treated as the
subject matter of a criminal proceeding.”1
- “An unlawful act or default which is an offence against the public and renders the person
guilty of the act or default liable to legal punishment.”2
- A public wrong & it is an offence against the community which is punishable by law.3
• Offence:-
- S 40 of Penal Code: An act punishable by the said Code
- S 2(1) of CPC: Any act/omission made punishable by any law for the time being in force
• Seizable offence (/case):-
- An offence (/case) in which a police officer may ordinarily arrest without warrant.4
*DOES NOT NEED WARRANT
• Non-seizable offence (/case):-
- An offence (/case) in which a police officer may not ordinarily arrest without warrant.5
*MUST HAVE WARRANT
1
Black’s Law of Dictionary.
2
Halsbury’s Laws of England.
3
Baljit Singh Sidhu. (2015) Criminal Litigation Process.
4
3rd
Column of the 1st
Schedule.
5
3rd
Column of the 1st
Schedule.

2. INSYIRAH MOHAMAD NOH UKM LAW SCHOOL 19/20
2
1.1. DISTINCTIONS BETWEEN SEIZABLE & NON-SEIZABLE OFFENCES
SEIZABLE OFFENCE NON-SEIZABLE OFFENCE
Police officer can arrest without warrant
Police officer has no authority to arrest
without warrant
More serious in nature Less serious in nature
Offences punishable with imprisonment for 3
years ++
Offences punishable with imprisonment less
than 3 years
Police officer can investigate the case
without obtaining an Order to Investigate
(OTI) from PP
Police officer cannot investigate the case
without obtaining an OTI from PP6
Any police officer not below than the rank of
sergeant or any officer in charge of the police
station (OCS) may investigate
Any police officer not below than the rank of
sergeant or OCS on receiving the OTI may
investigate7
6
Section 109(1) of CPC
7
Section 109(1) of CPC

3. INSYIRAH MOHAMAD NOH UKM LAW SCHOOL 19/20
3
2. CLASSIFICATION OF CRIMINAL CASES
2.1. DISTINCTIONS BETWEEN SUMMON & WARRANT CASE
SUMMON CASE WARRANT CASE
Addressed to the person summoned Addressed to the police officer
Less serious in nature More serious in nature
Relates to offences punishable with:-
- Less than 6 months imprisonment
- Fine only
Relates to offences punishable with:-8
- More than 6 months imprisonment
- Death sentence
Formal charge need not be framed Formal charge must be framed
Complainant can withdraw the case with the
permission of the court
Withdrawal is not allowed except in the case
of compoundable offences
2.2. DISTINCTIONS BETWEEN INVESTIGATION, INQUIRY & TRIAL
INVESTIGATION INQUIRY TRIAL
The 1st stage that the
accused will undergo
The 2nd stage that the
accused will undergo
The 3rd stage that the
accused will undergo
Conducted by:-
- Police officer
- An authorized person
other than a magistrate
Conducted by:-
- Court
- Magistrate9
Conducted by:-
- Court
- Magistrate
Purpose of investigation:-
- To collect evidence for
inquiry & trial
Purpose of inquiry:-
- Judicial determination
other than
guilt/innocence
Purpose of trial:-
- Determination of any
question relating to
guilt/innocence
8
Section 2(1) of CPC.
9
Section 2(1) of CPC.

4. INSYIRAH MOHAMAD NOH UKM LAW SCHOOL 19/20
4
2.3. DISTINCTIONS BETWEEN BAILABLE, NON-BAILABLE AND UNBAILABLE OFFENCE
BAILABLE NON-BAILABLE UNBAILABLE
Accused is entitled to be
released on bail
Accused may not be released
on bail
Accused is not allowed bail
The right of the accused to
be released on bail
- The accused has no right
to be released on bail
- The accused may be
released on bail subject
to the court’s discretion
The court has no discretion
to grant bail
Less serious in nature More serious in nature -
Generally, offences
punishable with
imprisonment less than 3
years
Generally, offences
punishable with
imprisonment more than 3
years
Offences under specific
provisions
eg. FIPA 1971, DDA 1952
3. CRIMINAL LITIGATION PROCEDURE
1. Pre-trial procedure
(arrest, search, police
investigation)
2. Jurisdiction of
police & courts in
respect of
investigation & trials
3. Bail
4. Judgment5. Sentencing
6. Trial procedure
(PTC, CM, Cognizance
of Offence, Initiation
of Proceedings etc.)
7. Appeal/Revision
Procedure