216
Laws of Malaysia
Act 593
Procedure when confession irregularly taken
420. If any Court before which a confession or other statement of
an accused person recorded under *section 115 or 256 is tendered
or has been received in evidence finds that any of the provisions
of that section has not been complied with by the Magistrate
recording the statement, it shall take evidence that such person
duly made the statement recorded and if it is satisfied of the same
that statement shall be admitted if the error has not injured the
accused as to his defence on the merits.
Omission to frame charge
421. (1) No finding or sentence pronounced or passed shall be
deemed invalid merely on the ground that no charge was framed
unless, in the opinion of the appellate court, a failure of justice
has been occasioned thereby.
(2) If the appellate court thinks that a failure of justice has
been occasioned by the omission to frame a charge it shall order
that a new trial be had.
Irregularities not to vitiate proceedings
422. Subject to the provisions contained in this Chapter no
finding, sentence or order passed or made by a Court of competent
jurisdiction shall be reversed or altered on account of—
(a)
any error, omission or irregularity in the complaint,
sanction, consent, summons, warrant, charge, judgment
or other proceedings before or during trial, or in any
inquiry or other proceedings under this Code;
(b)
the want of any sanction; or
(c)
the improper admission or rejection of any evidence,
unless such error, omission, irregularity, want, or improper
admission or rejection of evidence has occasioned a failure of
justice.
*NOTE—Section 115 has been deleted by Criminal Procedure Code (Amendment) Act 2006
[Act A1274] w.e.f. 7 September 2007—see section 16 of Criminal Procedure Code (Amendment)
Act 2006 [Act A1274].
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