Criminal Procedure Code
225
Compensation for giving in charge groundlessly
438. (1) Whenever any person causes a police officer to arrest
another person if it appears to the Magistrate who takes cognizance
of the case that there was no sufficient ground for causing the
arrest the Magistrate may award such compensation, not exceeding
twenty-five ringgit, to be paid by the person so causing the arrest
to each person so arrested for his loss of time and any expenses
incurred by him in the matter as the Magistrate shall think fit.
(2) (Omitted).
(3) Such compensation shall be no bar to an action for false
imprisonment.
Magistrate not to act where interested
439. No Magistrate shall, except with the permission of the High
Court to which an appeal lies from his Court, try any case to or
in which he is a party or personally interested.
Explanation—A Magistrate shall not be deemed to be a party or personally
interested within the meaning of this section to or in any case by reason
only that he is a member of a local authority or otherwise concerned in
it in a public capacity, or by reason only that he has viewed the place in
which an offence is alleged to have been committed or any other place in
which any transaction material to the case is alleged to have occurred, and
made an inquiry in connection with the case.
ILLUSTRATION
A, as Collector of Land Revenue, upon consideration of information
furnished to him directs the prosecution of B for a breach of the land laws.
A is disqualified from trying this case as a Magistrate.
Public servants not to bid at sales under this Code
440. A public servant, having any duty to perform in connection
with the sale of any property under this Code, shall not purchase
or bid for the property.
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