94
Laws of Malaysia
Act 593
Where complaint by person aggrieved
131. No Court shall take cognizance of an offence falling under
Chapter XIX or XXI of the Penal Code or under sections 493
to 496 both inclusive, except upon a complaint made by some
person aggrieved by the offence or by the Public Prosecutor.
Where complaint by husband
132. No Court shall take cognizance of an offence under
section 498 of the Penal Code except upon a complaint made by
the husband of the woman.
Chapter XV
COMPLAINTS TO MAGISTRATES
Examination of complainant
133. (1) When a Magistrate takes cognizance of an offence on
a complaint—
(a)
the Magistrate shall set a date to examine the complainant
in accordance with this section;
(b)
the Magistrate shall serve on the Public Prosecutor a
notice in writing at least seven clear days before the
date of the examination of the complainant and such
notice shall specify the date of the examination of the
complainant and the particulars of the complaint received
by the Magistrate under section 128;
(c)
the Magistrate shall not proceed to examine the complainant
unless the notice required by paragraph (b) has been
served on the Public Prosecutor in accordance with that
paragraph;
(d)
the Magistrate shall examine the complainant upon oath
and the substance of the examination of the complainant
shall be reduced to writing and shall be signed by the
complainant and by the Magistrate;
(e)
the Public Prosecutor may appear and assist the Magistrate
in the examination of the complainant.
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