Criminal Procedure Code
39
(3) When any person in the presence of a police officer or
penghulu commits or is accused of committing a non-seizable
offence and on the demand of a police officer or penghulu to
give his name and residence gives as his residence a place not
within Malaysia, he may be arrested by the police officer or
penghulu and shall be taken immediately either before the nearest
Magistrate who may require him to execute a bond with or without
a surety for his appearance before a Magistrate if so required or
may order him to be detained in custody until he can be tried,
or before a police officer not below the rank of Inspector who
may require him to furnish a bond with or without a surety for
his appearance before a Court if required.
How person arrested by penghulu is to be dealt with
25. A penghulu making an arrest without a warrant shall without
unnecessary delay hand over the person so arrested to the nearest
police officer or in the absence of a police officer take such
person to the nearest police station, and a police officer shall
rearrest every person so arrested.
Pursuit of offenders
26. For the purpose of arresting any person whom he has power
to arrest without a warrant a police officer may pursue any such
person into any part of Malaysia.
Arrest by private persons and procedure in such cases
27. (1) Any private person may arrest any person who, in his
view, commits a non-bailable and seizable offence or who has
been proclaimed under section 44 and shall without unnecessary
delay hand over the person so arrested to the nearest police
officer or, in the absence of a police officer, take that person to
the nearest police station.
(2) If there is reason to believe that such person comes under
the provisions of section 23 a police officer shall rearrest him.
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