Criminal Procedure Code

“advocate” means an advocate and solicitor lawfully entitled to practise in Singapore;

“bailable offence” means an offence shown as bailable in Schedule A or which is made bailable by any other law for the time being in force, and “non-bailable offence” means any other offence;

“complaint” means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code that some person whether known or unknown has committed or is guilty of an offence;

“fine” includes any fine, pecuniary penalty or forfeiture or compensation adjudged upon any conviction of any crime or offence or for the breach of any law for the time being in force by any court;

“inquiry” includes every inquiry conducted under this Code before a Magistrate’s Court;

“judicial proceeding” means any proceeding in the course of which evidence is or may be legally taken;

“Magistrate” means a Magistrate appointed by the Chief Justice under the Subordinate Courts Act [Cap. 321];

“non-seizable offence” means an offence for which and “non-seizable case” means a case in which a police officer may not ordinarily arrest without warrant according to the third column of Schedule A;

“offence” means any act or omission made punishable by any law for the time being in force;

“place” includes a house, building, tent and vessel;

“police officer” means a person employed for police duties under any written law in force in Singapore relating to the raising or maintenance of a police force or invested under such written law with the powers of a police officer thereunder;

“Registrar” means the Registrar of the Supreme Court and includes a Deputy or an Assistant Registrar;

“seizable offence” means an offence for which and “seizable case” means a case in which a police officer may ordinarily arrest without warrant according to the third column of Schedule A;

“writing” and “written” include printing, lithography, photography, engraving and every other mode in which words or figures can be expressed on paper or on any substance;

“youthful offender” includes any child convicted of any offence punishable by fine or imprisonment who in the absence of legal proof to the contrary is above the age of 7 and under the age of 16 years in the opinion of the court before which the child is convicted;

When information is received at a police station relating to the commission of an offence, being an offence of which it appears that no previous information has been received in the station, the officer in charge of the police station or any police officer whose duty it is to receive reports shall proceed according to one of the following subsections.

If the information is in writing, he shall forthwith mark on it the date and time of receipt, and, if practicable, the name and address of the person (other than a postal messenger) by whom it was delivered, and if it purports to be signed by the informant, he shall file it as a report.

If the information is given orally and he considers it practicable to reduce it to writing forthwith, he shall record or cause to be recorded in a book kept for this purpose a report containing the name and address of the informant, the date and time of his arrival at the station, the substance of the information and such other particulars as the nature of the case may require, and the report shall be signed by the informant, by the recording officer, and by the interpreter, if any.

If the information is given orally and it appears to him impracticable to proceed forthwith under subsection (3) he shall immediately make a note of first information in the station diary, and if the offence is seizable as soon thereafter as circumstances permit, a fuller statement by the informant shall be recorded under section 121.

For the purposes of this section, the office of any branch or sub-branch of the Criminal Investigation Department or the Radio Division of the Singapore Police Force shall deemed to be a police station. [114

When the information so received or recorded under section 115 relates to a non-seizable offence the case shall thereupon be investigated or the informant shall, by order of a police officer, be referred to a Magistrate.

No police officer shall in a non-seizable case exercise any of the special powers relating to police investigations given by sections 120, 121, 125 and 126 without the order of the Public Prosecutor or a Magistrate.

Any police officer receiving such order may exercise the same powers in respect of the investigation, except the power to arrest without warrant, as that police officer may exercise without an order in a seizable case.

Any informant referred to a Magistrate shall be supplied with a copy of any report filed or recorded under section 115 on which shall be endorsed the name of the police station at which the information was received. [115

In any proceeding under this Code, a copy of a report received or recorded under section 115(2) or (3) or of a note made under section 115(4) and in each case purporting to be certified as a true copy by a police officer not below the rank of inspector in charge of the police station where the information was received shall be admissible as evidence of the contents of the original and of the date, time and place at which the information was received.

Any court may in its discretion permit or require the production of the original of such report or note. [116

Any police officer may, without the order of the Public Prosecutor, exercise all or any of the special powers relating to police investigations given by sections 120, 121, 125 and 126 in any seizable case.

No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one in which that officer was not empowered under this section to exercise the special powers of police investigations given by sections 120, 121, 125 and 126. [117

If from information received or otherwise a police officer has reason to suspect the commission of a seizable offence he shall forthwith proceed in person or shall depute one of his subordinate officers to proceed to the spot to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and, where not inexpedient, arrest of the offender and shall report the same to the Public Prosecutor:Provided that —

In each of the cases mentioned in paragraphs (a) and (b) of the proviso to subsection (1) the police officer receiving the information shall state in his report his reason for not fully complying with subsection (1).

Where a police officer not below the rank of inspector exercises the power of deputation given by subsection (1) the subordinate officer so deputed shall not be entitled to use any of the powers given by sections 120, 121, 125 and 126:Provided that the Commissioner of Police with the written approval of the Attorney-General may authorise by name and in writing any police officer below the rank of inspector to use in seizable cases all or any of the powers referred to in this Chapter in such circumstances as may be stated in the written authority. [118

A police officer making a police investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of Singapore who from the information given or otherwise appears to be acquainted with the circumstances of the case and that person shall attend as so required:Provided that no person shall be required under this section to attend at any place distant more than 11 kilometres from his usual place of abode.

If any such person fails to attend as so required such police officer may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of that person as required by such order. [119

A police officer making a police investigation under this Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

Such person shall be bound to state truly the facts and circumstances with which he is acquainted concerning the case except only that he may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

A statement made by any person under this section shall be read over to him and shall, after correction if necessary, be signed by him.[120

Except as provided in this section, no statement made by any person to a police officer in the course of a police investigation made under this Chapter shall be used in evidence other than a statement that is a written statement admissible under section 141.** See also section 25 of the Evidence Act (Chapter 97).

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a police officer in the course of a police investigation under this Chapter and may then, if the court thinks it expedient in the interests of justice, direct the accused to be furnished with a copy of it; and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act [Cap. 97].

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or 32 (a) of the Evidence Act.

When any person is charged with any offence in relation to the making or contents of any statement made by him to a police officer in the course of a police investigation made under this Chapter, that statement may be used as evidence in the prosecution.

Where any person is charged with an offence any statement, whether it amounts to a confession or not or is oral or in writing, made at any time, whether before or after that person is charged and whether in the course of a police investigation or not, by that person to or in the hearing of any police officer of or above the rank of sergeant shall be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit:Provided that the court shall refuse to admit such statement or allow it to be used as aforesaid if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient, in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

Where any person is charged with an offence or officially informed that he may be prosecuted for it, he shall be served with a notice in writing, which shall be explained to him, to the following effect: “You have been charged with/informed that you may be prosecuted for —(set out the charge). Do you wish to say anything in answer to the charge? If there is any fact on which you intend to rely in your defence in court, you are advised to mention it now. If you hold it back till you go to court, your evidence may be less likely to be believed and this may have a bad effect on your case in general. If you wish to mention any fact now, and you would like it written down, this will be done.”.

No statement made by an accused person in answer to a written notice served on him pursuant to subsection (6) shall be construed as a statement caused by any inducement, threat or promise as is described in the proviso to subsection (5), if it is otherwise voluntary.

In subsection (6), “officially informed” means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders. [121

Where in any criminal proceedings against a person for an offence evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the court, in determining whether to commit the accused for trial or whether there is a case to answer, and the court, in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure as appear proper; and the failure may, on the basis of those inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

In subsection (1), “officially informed” means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.

Nothing in subsection (1) or (2) shall in any criminal proceedings —

Subsections (1) and (2) shall not apply as regards a failure to mention a fact if the failure occurred before 1st January 1977.[122

Any Magistrate may record any statement or confession made to him at any time before the commencement of an inquiry or trial.

Any such statement or confession shall be recorded in full and any question asked by the Magistrate and any answer given to it shall be clearly shown as being a question and answer.

No Magistrate shall record any such statement or confession unless upon questioning the person making it he has reason to believe that it was made voluntarily and shall make a memorandum at the foot of such record to the following effect:“I believe that this statement (or confession) was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct and it contains a full and true account of what he said.(Signed) A.B.Magistrate”.

If the person making the statement or confession does not understand English the proceedings shall be interpreted to him in his own language or in a language which he understands and the memorandum referred to in subsection (3) shall be signed by the Magistrate and by the interpreter.

The taking and recording of any statement or confession shall not disqualify a Magistrate who has so taken and recorded it from inquiring into or trying the case.

If any court before which a confession or other statement of an accused person recorded under this section is tendered in evidence finds that the provisions of the section have not been fully complied with by the Magistrate recording the statement, it shall take evidence that that person duly made the statement recorded and, if it is satisfied of that, the statement shall be admitted if the error has not injured the accused as to his defence on the merits.[123

Whenever a police officer making a police investigation in a seizable case considers that the production of any document or other thing is necessary to the conduct of an investigation into any offence which he is authorised to investigate and there is reason to believe that a person to whom a summons or order under section 58 has been or might be issued will not or would not produce the document or other thing as directed in the summons or order or when the document or other thing is not known to be in the possession of any person, the officer may search or cause a search to be made for it in any place.

That officer shall, if practicable, conduct the search in person.

If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any officer subordinate to him to make the search and he shall deliver to the subordinate officer an order in writing specifying the document or other thing for which search is to be made and the place to be searched and the subordinate officer may then search for the thing in that place.

The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section. [124

If upon a police investigation under this Chapter it appears to the officer making the investigation that there is sufficient evidence or reasonable ground of suspicion to justify the commencement or continuance of criminal proceedings for a seizable offence against any person, the officer shall require the complainant, if any, and so many of the persons who appear to the officer to be acquainted with the circumstances of the case as he thinks necessary, to execute a bond to appear before a court and give evidence in the matter of the charge against the accused. [Form 25.]

The officer in whose presence the bond is executed shall send it to the court.

If any complainant or witness refuses to execute the bond, that officer shall report the matter to the court which may then in its discretion issue a warrant or summons to secure the attendance of the complainant or witness before itself to give evidence in the matter of the charge against the accused. [125

Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth —

Notwithstanding anything in the Evidence Act [Cap. 97], an accused person shall not be entitled, either before or in the course of any inquiry or trial, to call for or to inspect any such diary:Provided that if the police officer who made the investigation refers to the diary for the purposes of section 161 or 162 of that Act, such entries only as the officer has referred to shall be shown to the accused, and the court shall at the request of the officer cause any other entries to be concealed from view or obliterated.[126

Subject to this Code, every District Court shall have jurisdiction to try all offences for which the maximum term of imprisonment provided by law does not exceed 10 years or which are punishable with fine only.

Notwithstanding subsection (1), a District Court may try any offence, other than an offence punishable with death, if —

Every District Court shall have in the exercise of its jurisdiction all the powers which belong to and are exercised by a Magistrate’s Court.

Subject to this Code, every Magistrate’s Court shall have cognizance of and power and authority to —

The jurisdiction and powers conferred upon any Magistrate’s Court under subsection (1)(a) and (b) shall be exercised by any Magistrate, sitting in a court house of such Magistrate’s Court.

The jurisdiction and powers conferred upon a Magistrate’s Court under subsection (1)(c), (d) and (e) may be exercised by a Magistrate at any place within Singapore.

The High Court may pass any sentence authorised by law provided that in no case shall the 3 punishments of imprisonment, fine and caning be inflicted on any person for the same offence.

When a person having been convicted whether in Singapore or elsewhere of an offence punishable with imprisonment for a term of 2 years or upwards is convicted of any other offence also punishable with imprisonment for a term of 2 years or upwards, the High Court may, in addition to any other punishment to which it may sentence him, direct that he shall be subject to the supervision of the police for a period of not more than 3 years commencing immediately after the expiration of the sentence passed on him for the last of those offences.

A District Court may pass any of the following sentences:

When a person having been convicted whether in Singapore or elsewhere of an offence punishable with imprisonment for a term of 2 years or upwards is convicted of any other offence also punishable with imprisonment for a term of 2 years or upwards, a District Court may, in addition to any other punishment to which it may sentence him, direct that he shall be subject to the supervision of the police for a period of not more than 2 years, commencing immediately after the expiration of the sentence passed on him for the last of such offences.

A Magistrate’s Court may pass any of the following sentences:

When a person having been convicted whether in Singapore or elsewhere of an offence punishable with imprisonment for a term of 2 years or upwards is convicted of any other offence also punishable with imprisonment for a term of 2 years or upwards, a Magistrate’s Court may, in addition to any other punishment to which it may sentence him, direct that he shall be subject to the supervision of the police for a period of not more than one year commencing immediately after the expiration of the sentence passed on him for the last of such offences.

Notwithstanding anything in this Code where by any law for the time being in force jurisdiction is given to a District Court or Magistrate’s Court to award punishment for any offence in excess of the power prescribed by this section for a District Court or Magistrate’s Court respectively the District Court or Magistrate’s Court may award the full punishment authorised by that law.

Where a person who is not less than 18 years of age —

Where a person who is not less than 30 years of age —

Before sentencing any offender to corrective training or preventive detention the Court shall consider the physical and mental condition of the offender and his suitability for such a sentence.

A person sentenced to corrective training or preventive detention shall be detained in a prison for the term of his sentence subject to his release on licence in accordance with Schedule C, and while so detained shall be treated in such manner as may be prescribed by rules made under section 407.

Where a male person is convicted by the High Court or a District Court of an offence punishable with imprisonment, then if on the day of his conviction he is not less than 16 but under 21 years of age, and the Court is satisfied having regard to his character and previous conduct, and to the circumstances of the offence, that it is expedient with a view to his reformation and the prevention of crime that he should undergo a period of training in a reformative training centre, the Court may, in lieu of any other sentence, pass a sentence of reformative training.

Where a male person is convicted by a Magistrate’s Court of an offence punishable with imprisonment, then if on the day of his conviction he is not less than 16 but under 21 years of age, and the Court is satisfied of the matters mentioned in subsection (1), the Court may commit him in custody for sentence to a District Court.

Where a person is so committed for sentence the District Court shall inquire into the circumstances of the case and may —

Where a male young person has been ordered by a Juvenile Court under section 59(2) or (3) of the Children and Young Persons Act [Cap. 38] to be brought before a District Court, then the District Court shall inquire into the circumstances of the case and may —

Before a sentence of reformative training is passed under this section, and before a person is committed for sentence under subsection (2), the Court shall consider any report or representations made by or on behalf of the Director of Prisons on the offender’s physical and mental condition and his suitability for the sentence; and if the Court has not received such a report or representations it shall remand the offender in custody for such a period or periods, not exceeding 3 weeks in the case of any single period, as the Court thinks necessary to enable the report or representations to be made.

A copy of any report or representations in writing made to the Court by the Director of Prisons for the purposes of subsection (5) shall be given by the Court to the offender or his advocate.

A person sentenced to reformative training shall be detained subject to his release in accordance with Schedule D and while so detained shall be treated in such manner as may be prescribed by rules made under section 407.

Every person directed to be subject to the supervision of the police who is at large in Singapore shall —

Every person subject to the supervision of the police shall, at intervals not exceeding 30 days, report himself at such time and place and to such police officer as may be appointed by the Commissioner of Police, and such police officer may upon each occasion of such report being made take or cause to be taken the fingerprints of the person so reporting.

If any person subject to the supervision of the police who is at large in Singapore —

If any person is convicted of an offence under this section, the court before which he is convicted may in addition to any other punishment to which it may sentence him direct that he shall be subject to the supervision of the police for a period of not more than one year commencing immediately after the expiration of the sentence passed on him by that court, or immediately after the expiration of the period of supervision by the police in respect of which the offence was committed, whichever is the later.

When any person subject to the supervision of the police is, while still subject to such supervision, sentenced to a term of imprisonment for any offence, any term spent in prison may be excluded from such period of supervision.

Every person aware —

If any person discovers any dead body and he has reason to believe that the deceased met with his death through an unlawful act or omission he shall not remove or in any manner alter the position of the body except so far as is necessary for its safety.[21

In making an arrest the police officer or other person making the arrest shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.

If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, such officer or other person may use all means necessary to effect the arrest. [23

If any person acting under a warrant of arrest or any police officer having authority to arrest has reason to believe that any person to be arrested has entered into or is within any place, the person residing in or in charge of the place shall, on demand of the person so acting or the police officer, allow him free ingress to the place and afford all reasonable facilities for search in it.

If ingress to that place cannot be obtained under subsection (1) it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity of escape for a police officer to enter the place and search in it, and in order to effect an entrance into the place to break open any outer or inner door or window of any place whether that of the person to be arrested or of any other person if after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance. [24

The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Whenever it is necessary to cause a woman to be searched the search shall be made by another woman with strict regard to decency.[27

Whenever a person is arrested —

A police officer investigating into a seizable offence in the exercise of his powers under Chapter XIII may enter the house or other place of abode of any person who is under arrest in connection with the offence and search such premises for any evidence of the offence.[28

Any police officer may without an order from a Magistrate and without a warrant arrest —

Nothing in this section shall be held to limit or modify the operation of any other law empowering a police officer to arrest without a warrant.[31

When any person in the presence of a police officer commits or is accused of committing a non-seizable offence and refuses on the demand of a police officer to give his name and residence or gives a name or residence which the officer has reason to believe to be false, he may be arrested by that police officer in order that his name or residence may be ascertained, and he shall, within 24 hours from the arrest exclusive of the time necessary for the journey; be taken before the nearest Magistrate’s Court, unless before that time his true name and residence are ascertained in which case he shall be forthwith released on his executing a bond with or without sureties for his appearance before a Magistrate’s Court, if so required.

When any person is thus taken before a Magistrate’s Court, the Court may either require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court if so required, or may order him to be detained in custody until he can be tried.

When any person in the presence of a police officer commits or is accused of committing a non-seizable offence, and on the demand of a police officer to give his name and residence gives as his residence a place not within Singapore, he may be arrested by the police officer and shall be taken forthwith before the nearest Magistrate, who may either require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court if so required, or may order him to be detained in custody until he can be tried or shall be taken before a police officer not below the rank of inspector who may require him to execute a bond with or without a surety for his appearance before a Magistrate’s Court, if required. [32

Any private person may arrest any person who, in his view, commits a non-bailable and seizable offence, or who has been proclaimed under section 51, and shall, without unnecessary delay, hand over the person so arrested to the nearest police officer or, in the absence of a police officer, take that person to the nearest police station.

If there is reason to believe that such person comes under section 32 a police officer shall rearrest him.

If there is reason to believe that he has committed a non-seizable offence and he refuses on the demand of a police officer to give his name and residence or gives a name or residence which the officer has reason to believe to be false or gives a residence which is not within Singapore he shall be dealt with under section 33.

If there is no reason to believe that he has committed any offence he shall be at once released.

Any person who commits an offence on or with respect to the person or property of another may, if his name and residence are unknown, be apprehended by the person injured or by any person who is using the property to which the injury is done, or by the employee of either of those persons or by any person authorised by or acting in aid of either of those persons, and may be detained until he gives his name and address and satisfies such person that the name and address so given are correct or until he can be delivered into the custody of a police officer.

If any person lawfully apprehended under subsection (5) assaults or forcibly resists the person by whom he is so apprehended or any person acting in his aid, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.[33

No police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable.

Such period shall not exceed 48 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.[35

Every summons to appear issued by a court under this Code shall be in writing 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, and shall bear the seal of the court.[Forms 1 and 30.]

Such summons may be served by a police officer or by an officer of a Magistrate’s Court or District Court, and, if the summons is in connection with an offence under an Act which it is the duty of a Government department to enforce, by an officer of that Government department. The court issuing the summons may, if it sees fit, direct it to be served by any other person.

Every such summons shall remain in force until it is cancelled by the court or until the person summoned is discharged therefrom by a court.

When a summons cannot be served within such time as will give reasonable notice to the person summoned to attend the court on the date stated therein, the court may in writing substitute some later date for the date so stated.[41

The summons shall, if practicable, be served personally on the person summoned by showing him the original summons and by tendering or delivering to him a copy thereof under the seal of the court.

Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for the copy thereof on the back of the original summons.

In the case of a corporation the summons may be served on the secretary or other like officer of the corporation.

Where the person to be summoned 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.[42

Every warrant of arrest issued by a court under this Code shall be in writing and signed by a Magistrate or District Judge or a Coroner, as the case may be, or in the case of the High Court by a Judge of the High Court or by the Registrar, and shall bear the seal of the court.

Every such warrant shall remain in force until it is cancelled by a court or until it is executed.[45[Form 2.]

Any court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if that person executes a bond with sufficient sureties for his attendance before the court at the next sitting of the court following the day of arrest and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release that person from custody.[Form 2.]

The endorsement shall state —

Whenever security is taken under this section the officer to whom the warrant is directed shall, when so required, forward the bond to the court.[46

A warrant of arrest shall ordinarily be directed to the Commissioner of Police and all other police officers of Singapore, and any police officer may execute the warrant.

The court issuing a warrant may direct it to any person by name not being police officers, and all or any one or more of such persons may execute the warrant.

When a warrant is directed to more persons than one it may be executed by all or any one or more of them.[47

If any court has reason to believe, whether after taking evidence or not, that any person against whom a warrant has been issued by it has absconded or is concealing himself so that the warrant cannot be executed, the court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing the proclamation.[Forms 4 and 5.]

The proclamation shall be published as follows:

A statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the proclamation was published on that day.[50

The court may, after issuing a proclamation under section 51, order the attachment of any property movable or immovable, or both, belonging to the proclaimed person.

If the property ordered to be attached consists of debts or other movable property, the attachment under this section shall be made —

If the property ordered to be attached is immovable the attachment under this section shall, in the case of land paying revenue to the State, be made through the Collector of Land Revenue of the district in which the land is situate, and in all other cases —

The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed by the High Court under its civil jurisdiction.

No attachment of land under this section shall take effect until the order of attachment is duly registered under the Registration of Deeds Act.[Cap. 269]

If the proclaimed person does not appear within the time specified in the proclamation the property under attachment shall be at the disposal of the Government, but it shall not be sold until the expiration of 6 months from the date of the attachment unless it is subject to speedy and natural decay or the court considers that the sale would be for the benefit of the owner, in either of which cases the court may cause it to be sold whenever it thinks fit.