On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 24/08/2012.
115.
—(1) A summons to appear issued by a court under this Code must be in writing, bearing the seal of the court and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of that Court or by the Registrar of the Supreme Court.
(2) The summons shall remain in force until cancelled by the court or until the person summoned is discharged from it by a court.
(3) The summons may be served by a police officer or by an officer of the court or any other person directed by the court.
(4) If the summons is in connection with an offence under any written law enforceable by a public body, the summons may be served by an officer of that public body.
(5) When a summons cannot be served soon enough to give reasonable notice to the person summoned to appear before the court on the date stated in the summons, the court may in writing substitute some other later date.
116.
—(1) A summons issued against a person must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(a).
(2) A summons issued against a body corporate or a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(g)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the body corporate or limited liability partnership at the registered office or principal place of business of the body corporate or limited liability partnership.
(3) A summons issued against a partnership other than a limited liability partnership must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(h)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the partnership at the registered office or principal place of business of the partnership.
(4) A summons issued against an unincorporated association must, as far as is reasonably practicable, be served in accordance with the mode of service referred to in section 3(1)(i)(i) and if service cannot be effected by that mode, the summons may be served by sending it by registered post addressed to the unincorporated association at the address of the unincorporated association.
(5) Notwithstanding subsections (1) to (4), a summons may be served in any manner referred to in section 3(1) if any of the following persons, as the case may be, consents to such mode of service:
(a)
the person on whom the summons is to be served;
(b)
the director, manager or secretary or other like officer of a body corporate or limited liability partnership on whom the summons is to be served;
(c)
any of the partners or the secretary or other like officer of a partnership (other than a limited liability partnership) on whom the summons is to be served; or
(d)
the president, the secretary or any member of the committee of an unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee) on whom the summons is to be served.
(6) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him with some adult member of his family or with his employee residing with him.
(7) Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, and the summons cannot be effected in accordance with subsection (6), the serving officer shall affix a copy of the summons to some conspicuous part of the place in which the person summoned ordinarily resides, and in such a case, the summons, if the court so directs before or after such affixing, shall be deemed to have been duly served.
117.
—(1) If a body corporate, limited liability partnership, partnership or unincorporated association is charged with an offence, either alone or jointly with some other person, a representative may appear for the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be.
(2) The representative may do anything on behalf of the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, that an accused may do on his own behalf under this Code.
(3) A proceeding is not considered invalid only because an accused body corporate, limited liability partnership, partnership or unincorporated association has failed to appear or because its non-appearance results in something not being done that this Code directs should be done.
(4) Any failure on the part of a body corporate, limited liability partnership, partnership or unincorporated association to comply with the legal formalities relating to the appointment of a representative does not affect the validity of the court proceedings.
(5) In this section, “representative”, in relation to a body corporate, limited liability partnership, partnership or unincorporated association, means a person duly appointed by the body corporate, limited liability partnership, partnership or unincorporated association, as the case may be, to represent it at the court proceedings.
(6) A representative for the purposes of this section may be appointed by a statement in writing which is to be signed —
(a)
in the case of a body corporate or limited liability partnership, by a director, manager or secretary or other like officer of the body corporate or limited liability partnership;
(b)
in the case of a partnership, by any of the partners or the secretary or other like officer of the partnership; or
(c)
in the case of an unincorporated association, by the president, the secretary or any member of the committee of the unincorporated association (or any person holding a position analogous to that of the president, secretary or member of the committee),
and such statement in writing shall, for the purposes of this section, be admissible without further proof as prima facie evidence that the person has been duly appointed as representative.
118. Notwithstanding section 116, a summons for an offence punishable with a fine only may be served by sending a copy of the summons by registered post to the last known address of the person to be summoned.
119. When a summons issued by a court is served, an affidavit of such service is admissible as evidence if the affidavit is on its face made before a person authorised to administer an oath or affirmation.
120. A court in any case in which it is empowered to issue a summons for the appearance of a person may, after recording its reasons in writing, issue a warrant for his arrest if —
(a)
before or after the issue of the summons but before the time fixed for his appearance, the court has reason to believe that he has absconded or will not obey the summons; or
(b)
at such time fixed for his appearance, he fails to appear, and the summons is proved to have been duly served in time to enable him to appear in accordance with it and no reasonable excuse is offered for such failure.
121.
—(1) Where under the provisions of any law in force in Malaysia or Brunei Darussalam, a Magistrate or a Magistrate’s Court has issued a warrant or summons authorising the arrest of a person or requiring any person to appear before any court in Malaysia or Brunei Darussalam, and that person is or is believed to be in Singapore, a Magistrate in Singapore, if satisfied that the warrant or summons was duly issued in Malaysia or Brunei Darussalam, may endorse the warrant or summons, and the warrant or summons may then be executed or served, as the case may be, on that person as if it were a warrant or summons lawfully issued in Singapore under the provisions of this Code.
(2) Where under the provisions of any law in force in Malaysia or Brunei Darussalam corresponding to subsection (1), a warrant or summons issued by a Magistrate or a Magistrate’s Court in Singapore has been endorsed by a Magistrate in Malaysia or Brunei Darussalam and executed or served on the person named in the warrant or summons, the warrant or summons shall for the purposes of this Code be deemed to have been as validly executed or served as if the execution or service had been effected in Singapore.
(3) Where a warrant has been executed in Singapore pursuant to subsection (1), the person arrested shall be produced as soon as possible before a Magistrate in Singapore, who shall, if satisfied that he is the person specified in the warrant, direct that the arrested person be transferred forthwith in custody to the appropriate court in Malaysia or Brunei Darussalam; and any such person shall while in such custody, be deemed for all purposes to be in lawful custody.
(4) Instead of transferring the arrested person in custody to the appropriate court in Malaysia or Brunei Darussalam under subsection (3), the Magistrate may, if for reasons to be recorded by him he is satisfied that it is in the interests of justice to do so and if the case is one in which bail may lawfully be granted, release the person arrested on bail conditional on his appearing before the appropriate court in Malaysia or Brunei Darussalam at a time to be specified in the bond and bail bond.
(5) Where any person has been served with a summons pursuant to subsection (1), he shall attend at the appropriate court at the time specified in the summons, unless he can satisfy the court that he cannot reasonably do so.
122.
—(1) A person attending court who is not under arrest or has not been served with a summons may be detained by the court for examination for any offence which the court may deal with, and which from the evidence that person appears to have committed.
(2) The court may proceed against that person as though he had been arrested or summoned.
(3) When the court proceeds against a person under this section during the course of a trial or a committal hearing, it must begin the proceeding against the person separately.