LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 92

SUBORDINATE COURTS
ACT 1948
As at 1 May 2013
 9

LAWS OF MALAYSIA

Act 92

SUBORDINATE COURTS ACT 1948

An Act relating to the inferior courts in Peninsular Malaysia.

[Peninsular Malaysia—1 January 1949,

Ord. 43 of 1948;
Sabah and Sarawak—1 June 1981,
P.U. (B) 264/1981]

PART I

PRELIMINARY

Short title and application

1. (1) This Act may be cited as the Subordinate Courts Act 1948.

*(2) This Act shall not apply to Sabah and Sarawak.

Interpretation

**2. (1) In this Act, unless the context otherwise requires—

“Chief Judge” means the Chief Judge of the High Court in Malaya
or of the High Court in Sabah and Sarawak as the case may require;

“High Court” means the High Court in Malaya;

*
NOTE—This Act is applicable to Sabah and Sarawak–vide P.U. (A) 357/1980.
**
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
10 Laws of Malaysia ACT 92

“Magistrate appointed under this Act” includes an ex-officio

Magistrate;

“permanent resident” has the meaning assigned by the Courts of

Judicature Act 1964 [Act 91];

“Registrar” means the Registrar, Deputy Registrar, Senior Assistant

Registrar or Assistant Registrar of the Subordinate Courts;

“seal” includes stamp;

“trial court” in relation to any appeal means the court by which the
original finding, sentence or order appealed against was recorded,
passed or made.

(2) In the case of an offence under Chapter VI and VIA of the

Penal Code [Act 574], any offence under any of the written laws
specified in the Schedule to the Extra-Territorial Offences Act 1976
[Act 163], or any offence under any other written law, the
commission of which is certified by the Attorney General to affect
the security of the Federation committed, as the case may be—

(a) on the high seas on board any ship or on any aircraft

registered in Malaysia;

(b) by any citizen or any permanent resident on the high

seas on board any ship or on any aircraft;

(c) by any citizen or any permanent resident in any place

without and beyond the limits of Malaysia;

(d) by any person against a citizen of Malaysia;

(e) by any person against property belonging to the

Government of Malaysia or the Government of any
State in Malaysia located outside Malaysia, including
diplomatic or consular premises of Malaysia;
 Subordinate Courts 11

(f) by any person to compel the Government of Malaysia or

the Government of any State in Malaysia to do or refrain
from doing any act;

(g) by any stateless person who has his habitual residence in

Malaysia;

(h) by any person against or on board a fixed platform while

it is located on the continental shelf of Malaysia; or

(i) by any person who after the commission of the offence

is present in Malaysia; or

any reference in this Act to the local limits of jurisdiction of any

Magistrates’ Court or Sessions Court shall be deemed to include a
place where the accused is found.

PART II

GENERAL

Courts

3. (1) (Deleted by Act 7 of 1964).

*(2) There shall be established the following Subordinate Courts

for the administration of civil and criminal law in Peninsular
Malaysia:
(a) Sessions Courts;
(b) Magistrates’ Courts.
(c) (Deleted by Act A1382).
*
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
14 Laws of Malaysia ACT 92

Power of Sessions Court Judge to call for civil records of courts

subordinate thereto

54. (1) The Sessions Court Judge may call for and examine the
record of any civil proceedings before a Magistrates’ Court within the
local limits of jurisdiction of the Sessions Court of which he is for the
time being Sessions Court Judge for the purpose of satisfying himself
as to the correctness, legality or propriety of any decision recorded or
passed, and as to the regularity of any proceedings of that court.

(2) If a Sessions Court Judge acting under subsection (1)

considers that any decision of a Magistrates’ Court is illegal or
improper, or that any such proceedings are irregular, he shall forward
the record, with such remarks thereon as he thinks fit, to the High
Court.

55–58. (Deleted by Act 7 of 1964).

PART VI

SESSIONS COURT

General

Constitution and territorial jurisdiction of Sessions Courts

59. (1) The Yang di-Pertuan Agong may, by order, constitute so

many Sessions Courts as he may think fit and shall have power, if he
thinks fit, to assign local limits of jurisdiction thereto.

*(2) Subject to this Act or any other written law, a Sessions Court
shall have jurisdiction to hear and determine any civil or criminal
cause or matter arising within the local limits of jurisdiction assigned
to it under this section, or, if no such local limits have been assigned,
arising in any part of Peninsular Malaysia.

*
NOTE—For jurisdiction of Sessions Court in Sabah and Sarawak–see P.U. (A) 357/1980.
 Subordinate Courts 15

(3) Each Sessions Court shall be presided over by a Sessions

Court Judge appointed by the Yang di-Pertuan Agong on the
recommendation of the Chief Judge.

(4) Sessions Courts shall ordinarily be held at such places as the

Chief Judge may direct, but should necessity arise they may also be
held at any other place within the limits of their jurisdiction.

Qualifications of Sessions Courts Judges

60. No person shall be appointed to be a Sessions Court Judge

unless he is a member of the Judicial and Legal Service of the
Federation:

Provided that this section shall not prevent the appointment of a

person to act temporarily as a Sessions Court Judge.

Transfer of powers to Sessions Courts Judges

*61. Subject to the provisions and limitations contained in this Act,

all powers, duties and functions which, by any written law in force in
Peninsular Malaysia or any part thereof at the date of the
commencement of this Act, or by any law passed or made before the
commencement of this Act and coming into force after such
commencement in Peninsular Malaysia or any part thereof, were
vested in or conferred or imposed upon, or expressed to be vested in,
conferred or imposed upon or which would, if this Act had not been
passed, have been vested in or conferred or imposed upon a District
Judge, Magistrate of any description or Coroner of Peninsular
Malaysia shall, without prejudice to section 80, be vested in,
conferred and imposed upon a Sessions Court Judge, in the case of a
law in force at the date of the commencement of this Act, upon and
after that date, and in the case of a law coming into force after the
commencement of this Act upon and after the date of the coming into
force of that law.

*
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
16 Laws of Malaysia ACT 92

Nature of business at any sitting

62. At any sitting of a Sessions Court both civil and criminal causes
and matters may be heard, determined and dealt with, or either one or
the other.

Criminal Jurisdiction of Sessions Courts

Criminal jurisdiction

63. A Sessions Court shall have jurisdiction to try all offences other
than offences punishable with death.

Sentences

64. A Sessions Court may pass any sentence allowed by law other
than the sentence of death.

Civil Jurisdiction of Sessions Courts

Civil jurisdiction of Sessions Courts

65. (1) Subject to the limitations contained in this Act, a Sessions

Court shall have—

(a) unlimited jurisdiction to try all actions and suits of a

civil nature in respect of motor vehicle accidents,
landlord and tenant and distress;

(b) jurisdiction to try all other actions and suits of a civil

nature where the amount in dispute or the value of the
subject matter does not exceed one million ringgit; and

(c) without prejudice to the generality of paragraph (b),

jurisdiction to try all actions and suits of a civil nature
for the specific performance or rescission of contracts or
 Subordinate Courts 17

for cancellation or rectification of instruments, within

the jurisdiction of the Sessions Court.

(2) (Deleted by Act A434).

(3) When the parties to an action or suit which, if the amount in

dispute or value of the subject matter thereof did not exceed the limit
of the jurisdiction, would be cognizable by a Sessions Court, have
entered into an agreement in writing that the Sessions Court shall
have jurisdiction to try the action or suit, the Sessions Court shall
have jurisdiction to try the same, although the amount of the subject
matter thereof may exceed the value limit of jurisdiction.

(4) Every such agreement shall be filed in the Sessions Court and,
when it is so filed, the parties to it shall be subject to the jurisdiction
of the Sessions Court.

(5) A Sessions Court may, in respect of any action or suit within

the jurisdiction of the Sessions Court, in any proceedings before it—
(a) grant an injunction; and

(b) make a declaration,

whether or not any other relief, redress or remedy is or could be

claimed.

Counterclaims in Sessions Courts and transfers therefrom

66. (1) Where in any action or suit of a civil nature before a

Sessions Court any defence or counterclaim of the defendant involves
matters beyond the jurisdiction of the Court, the defence or matter
shall not affect the competence or the duty of the Sessions Court to
dispose of the whole matter in controversy, so far as relates to the
demand of the plaintiff and any defence thereto, but no relief
exceeding that which the Court has jurisdiction to award shall be
given to the defendant upon the counterclaim.
18 Laws of Malaysia ACT 92

(2) In any such case the High Court may, if it thinks fit, on the
application of any party, order that the action or suit be transferred to
the High Court, and the action or suit shall then be entered in the
cause book or register of civil suits of the High Court, and proceeded
with as if the action or suit had been originally instituted therein.

Relinquishing part of claim

67. A plaintiff may relinquish any portion of his claim in order to

bring the action or suit within the jurisdiction of the Sessions Court,
but he shall not afterwards sue in respect of the portion so
relinquished.

Splitting claims not allowed

68. Claims may not be split, nor more than one action or suit of a
civil nature brought in respect of the same cause of action against the
same party.

Exceptions to jurisdiction

69. Sessions Courts shall have no jurisdiction in actions, suits or

proceedings of a civil nature—

(a) relating to immovable property except as provided in

sections 70 and 71;

(b) (Deleted by Act A1382).

(c) (Deleted by Act A1382).

(d) (Deleted by Act A1382).

(e) to enforce trusts;

 Subordinate Courts 19

(f) for accounts;

(g) for declaratory decrees except in making a declaration

under paragraph 65(5)(b) and interpleader proceedings
under section 73;

(h) for the issue or revocation of grants of representation of

the estates of deceased persons or the administration or
distribution thereof;

(i) wherein the legitimacy of any person is in question;

*(j) wherein the guardianship or custody of infants is in

question; and

(k) except as specifically provided in any written law for the

time being in force, wherein the validity or dissolution
of any marriage is in question.

Recovery of immovable property

70. (1) Subject to subsection (4), a Sessions Court shall have

jurisdiction to hear and determine any action or suit for the recovery
of immovable property, and thereupon to issue order to the proper
officer of the Court to put the plaintiff in possession of the property.

(2) In any such action or suit, there may be added a claim for rent
or mesne profits and for damages arising to the plaintiff from the
defendant holding over or resisting his right of possession or re-entry,
and for damages for breach of any covenant, condition or agreement
in relation to the premises.

(3) (Deleted by Act A887).

*
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
20 Laws of Malaysia ACT 92

(4) Except as provided in section 71, the aforesaid jurisdiction shall

not be exercised in any case where, in the opinion of the Court, there is a
bona fide question of title involved and, subject to that section, recovery
of possession of any immovable property under this section shall be no
bar to the institution of an action, suit or proceeding of a civil nature in
the High Court for trying the title thereto.

Jurisdiction to adjudicate on title to immovable property with

consent of parties

*71. If in any action or suit before a Sessions Court, the title to any
immovable property is disputed, or the question of the ownership thereof
arises, the Court may adjudicate thereon if all parties interested consent;
but, if they do not all consent, the Sessions Court Judge shall apply to
the High Court to transfer the action or suit to itself.

Power to issue distress

72. A Sessions Court shall have jurisdiction to issue writs or

warrants of distress for rent.

Interpleader

73. A Sessions Court shall have jurisdiction to grant relief by way

of interpleader and to order the sale of any property subject to
interpleader proceedings—

(a) where the proper officer of a Sessions Court is charged

with the execution of any writ, warrant or order of the
Court and claim is made to any money or other movable
property taken or intended to be taken in execution of
the writ, warrant or order, or to the proceeds or value of
any such property, by any person other than the person
against whom the writ, warrant or order was issued or
made; or

*NOTE—For actions and suits concerning immovable property in Sarawak–see P.U. (A) 357/1980.
 Subordinate Courts 21

(b) where the person seeking relief is under liability for any
debt, money, or other movable property of which the
amount or value does not exceed one million ringgit and
for or in respect of which he has been or expects to be
sued by two or more parties making adverse claims
thereto.

Power to order sale unless security given

74. Where a claim is made to or in respect of any movable property

seized under a writ, warrant or order issued or made by a Sessions
Court, the Sessions Court may, on the application of the person at
whose instance the writ, warrant or order was issued or made, order
the proper officer of the Court to sell the property claimed as if no
such claim had been made and to pay the proceeds of the sale into
court to abide the decision of the Sessions Court, unless the claimant
gives security in such manner and within such time as the Sessions
Court thinks fit.

75. (Deleted by Ord. 29 of 1951).

PART VII

MAGISTRATES’ COURTS

General

Constitution and territorial jurisdiction of Magistrates’ Courts

76. (1) The Yang di-Pertuan Agong may, by order, constitute so

many Magistrates’ Court as he may think fit, and shall have power, if
he thinks fit, to assign local limits of jurisdiction thereto.
22 Laws of Malaysia ACT 92

*(2) Subject to this Act or any other written law, a Magistrates’

Court shall have jurisdiction to hear and determine any civil or
criminal cause or matter arising within the local limits of jurisdiction
assigned to it under this section, or, if no such local limits have been
assigned, arising in any part of Peninsular Malaysia:

Provided that no Magistrate shall have jurisdiction to hear or

determine any cause or matter arising in any State in and for which he
has not been appointed to be a Magistrate save in the manner and to
the extent provided in the Criminal Procedure Code [Act 593] and the
law for the time being in force relating to civil procedure.

(3) Magistrates’ Courts shall ordinarily be held at such places as

the Chief Judge may direct, but should necessity arise they may also
be held at any other place within the limits of their jurisdiction.

Ex officio First Class Magistrates

**77. (1) The persons for the time being holding or acting in the
offices specified in the Fourth Schedule shall, ex-officio, be First
Class Magistrates, in and for the respective States designated therein.

(2) The Yang di-Pertuan Agong may, by notification in the

Gazette, delete any office from, vary, or add any office to, the list of
offices in the Fourth Schedule.

Appointment of First Class Magistrates

***78. Without prejudice to section 77, the State Authority may, on

the recommendation of the Chief Judge in each case, appoint any fit
and proper person to be a First Class Magistrate in and for the State.

*
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
**
NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A)
357/1980.
***
NOTE—For application in Federal Territory–see P.U. (A) 43/1974.
 Subordinate Courts 27

Provided that if a Second Class Magistrate is of the opinion that in

the circumstances of the case, if a conviction should result, the
powers of punishment which he possesses would be inadequate, he
shall take the necessary steps to adjourn the case for trial by a First
Class Magistrate.

Sentences within competence of Second Class Magistrate

89. A Second Class Magistrate may pass any sentence allowed by

law—

(a) not exceeding six months’ imprisonment;

(b) a fine of not more than one thousand ringgit; or

(c) any sentence combining either of the sentences

aforesaid.

Civil Jurisdiction of Magistrates

Civil jurisdiction of First Class Magistrate

90. Subject to the limitations contained in this Act, a First Class

Magistrate shall have jurisdiction to try all actions and suits of a civil
nature where the amount in dispute or value of the subject matter
does not exceed one hundred thousand ringgit.

91. (Deleted by Act A1382).

Civil jurisdiction of Second Class Magistrate

*92. A Second Class Magistrate shall only have jurisdiction to try

original actions or suits of a civil nature where the plaintiff seeks to
recover a debt or liquidated demand in money payable by the defendant,
with or without interest, not exceeding ten thousand ringgit.

*
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.
28 Laws of Malaysia ACT 92

Provisions of Act relating to Sessions Courts applicable to

Magistrates’ Courts

93. (1) Subsections 65(3) and (4) and of sections 66 to 70 and 72

to 74 shall apply mutatis mutandis to Magistrates’ Courts:

Provided that for the purpose of proceedings in Magistrates’

Courts, paragraph 73(b) shall be read as if the words “one hundred
thousand” were substituted for the words “one million”.

(2) Nothing in this section shall operate to extend the jurisdiction

of Second Class Magistrates as otherwise limited by this Act.

PART VIII

(Deleted by Act A1382).

†
PART IX

JUSTICES OF THE PEACE

Appointment of Justices of the Peace

*98. The State Authority may, by warrant under his hand, appoint
such persons as he may deem fit to be Justices of the Peace within
and for the State, and may in like manner revoke any such
appointment. All appointments and revocations of appointments
made under this section shall be notified in the Gazette.

Powers of Justices of the Peace

*99. Justices of the Peace shall have and may exercise within the
State for which they are appointed such powers not exceeding the
powers of a Second Class Magistrate as may be conferred upon them
by any written law.
†
NOTE—Part IX is not applicable in Sarawak–see P.U. (A) 357/1980.
*
NOTE—For application in Federal Territory–see P.U. (A) 43/1974.
**
NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980.