34
Laws of Malaysia
Act 593
Chapter IV
ARREST, ESCAPE AND RETAKING
Arrest, how made
15. (1) In making an arrest the police officer or other person
making the same shall actually touch or confine the body of the
person to be arrested unless there is a submission to the custody
by word or action.
(2) If such person forcibly resists the endeavour to arrest him
or attempts to evade the arrest such officer or other person may
use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of
a person who is not accused of an offence punishable with death
or with imprisonment for life.
Search of place entered by person sought to be arrested
16. (1) If any person under a warrant of arrest or any police officer
or penghulu having authority to arrest has reason to believe that
any person to be arrested has entered into or is within any place
the person residing in or in charge of the place shall, on demand
of the person so acting or the police officer or penghulu, allow
him free ingress to the place and afford all reasonable facilities
for a search in it.
(2) If ingress to that place cannot be obtained under subsection (1)
it shall be lawful in any case for a person acting under a warrant
and in any case in which a warrant may issue but cannot be
obtained without affording the person to be arrested an opportunity
to escape for a police officer or penghulu to enter the place and
search in it, and in order to effect an entrance into the place
to break open any outer or inner door or window of any place
whether that of the person to be arrested or of any other person
if, after notification of his authority and purpose and demand of
admittance duly made, he cannot otherwise obtain admittance.
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