Criminal Procedure Code
67
Protection against prosecution
88. (1) No prosecution against any Magistrate, police officer or
member of the armed forces for any act purporting to be done
under this Chapter shall be instituted in any Court except with
the sanction in writing of the Public Prosecutor personally or, in
Sabah or Sarawak, of the Director of Public Prosecutions.
(2) Where a prosecution is sanctioned as aforesaid for an act
purporting to be done under this Chapter, no Magistrate, police
officer, member of the armed forces or person acting in aid of a
police officer or member of the armed forces shall, if the Court
is satisfied that the act was done in good faith or, if it was done
by a member of the armed forces, that it was done in obedience
to an order which under naval, military or air force law he was
bound to obey, be deemed to have thereby committed an offence.
Chapter IX
PUBLIC NUISANCES
Magistrate may make conditional order for removal of nuisance
89. (1) Whenever a First Class Magistrate considers on receiving
a report or other information and on taking such evidence, if any,
as he thinks fit, that—
(a)
any unlawful obstruction or nuisance should be removed
from any way, harbour, lake, river or channel which
is or may be lawfully used by the public or from any
public place;
(b)
any trade or occupation or the keeping of any goods
or merchandise by reason of its being injurious to the
health or physical comfort of the community should be
suppressed or removed or prohibited;
(c)
the construction of any building or the disposal of any
substance likely to occasion conflagration or explosion
should be prevented or stopped;
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