TUTORIAL 1

Introduction to the Criminal Procedure Code (CPC)

1. Provisions in a statute are there for a purpose. Likewise section 4 CPC which is
known as a non-derogation clause serves a purpose. Evaluate and submit on the
effect and benefit of that provision to the criminal justice process in Malaysia.

In brief sec. 4 gives high court the power relating to the criminal administration of justice.
Under this section the High Court can pass any order to meet the ends of justice even if there
is no provision for such or order under the Criminal Procedure Code. Its an inalienable right
which makes justice and removes injustice.
Sometime it is administrable & partly judicial. These rights only given to high courts, even
though the courts subordinate to the high courts have no inherent powers. These powers
include powers to investigate or any criminal proceedings.
Simply three scopes:
1. To give effect to any order under Criminal Procedure Code.
2. To prevent abuse of the process of any court,
3. To secure the ends of justice.

1. TO GIVE EFFECT TO ANY ORDER UNDER CRIMINAL PROCEDURE CODE.

Which means this section shall have the effect of binding any other orders under the Criminal
Procedure Code,

2. TO PREVENT ABUSE OF PROCESS OF THE COURT

Abuse of process of court, is the malicious and improper use of some regular legal
proceedings to obtain an unfair advantage over an opponent. The term is generally used in
connection with action for using some process of court maliciously to the injury of another
person.

3. TO BE EXERCISED ONLY FOR THE ENDS OF JUSTICE

Courts have inherent power to pass interim orders for ends of justice or to prevent failure of
justice. Like, any other case even in such situation the court cannot grant a relief under
inherent jurisdiction, if the same relief can be granted by another court. The court can also
interfere, in the interest of justice, with an order especially an ex parte order, which has been
issued through its mistake,