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Government Laws
Women and Girls Protection Act, Act 106 (1973) - Part 5 - Powers of Search, Seizure and Arrest and Penalties for Obstructing the Exercise of Such Powers
(Taken verbatim from http://www.protectionproject.org/)
PART V - POWERS OF SEARCH, SEIZURE AND ARREST AND PENALTIES FOR OBSTRUCTING THE EXERCISE OF SUCH POWERS
23. Powers of search, seizure and arrest.
| (1) | Where a Magistrate has reason to believe that a female person is being concealed, confined or detained in any place in contravention of any of the provisions of this Act or that an offence against this Act has been or is being committed in any place, the Magistrate may issue a warrant authorising any police office not below the rank of an Inspector to - | |
| (a) | enter and search such place; | |
| (b) | seize and detain any articles or documents relating to the offence; | |
| (c) | search and arrest any person reasonably believed to be liable to be prosecuted for an offence against this Act; and | |
| (d) | search and remove any female person who is liable to be dealt with under section 7, 8 or 10 or who is being concealed, confined or detained in contravention of any of the provisions of this Act, to a place of refuge to be there detained for purpose of enquiring into the circumstances of the case in accordance with the provisions of Part III. | |
| (2) | Where it appears to a police officer not below the rank of an Inspector that a female person is being concealed, confined or detained in any place in contravention of this Act or that an offence against this Act has been or is being committed in any place and he has grounds for believing that by reason of the delay which would be entailed in the obtaining of a search warrant the object of the search is likely to be frustrated, he may if he is generally or specially authorised in writing by the Protector to do so, enter and search such place as if he were empowered to do so by a warrant issued under subsection (12). | |
24. Powers of arrest without warrant.
| (1) | Any police officer not below the rank of an Inspector may arrest without warrant - | |
| (a) | any person found committing or attempting to commit or employing or aiding any other person to commit or abetting the commission of an offence against this Act; and | |
| (b) | any person in respect of whom there is a reasonable ground to believe to be liable for prosecution for an offence against this Act, and may search any person so arrested. | |
| (2) | Any police officer may without warrant arrest any person offending in his sight against the provisions of section 22. | |
| (3) | No female person shall be searched pursuant to this Part except by another female. | |
25. Obstruction.
| Any person who - | |
| (a) | obstructs or hinders or attempts to obstruct or hinder the Protector or any officer duly authorised by him in the exercising of the powers conferred under this Act, or |
| (b) | obstructs or hinders or attempts to obstruct or hinder any police officer in the exercise of the powers conferred under this Act; or |
| (c) | fails to attend at the hour and place specified in the summons issued to him under section 13 or to do any of the other acts referred to in subsection (2) of section 13, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both such imprisonment and fine. |
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