Documente Academic
Documente Profesional
Documente Cultură
Conclusion :
The reason of detention under Section 117
Criminal Procedure Code (C.P.C) is for the
purpose of completing investigations by the
police. Therefore, such right (Article 5(3) of the
Constitution) starts right from the day of his
arrest but it cannot be exercised immediately
after arrest Ú it impedes police investigation or
the administration of justice.
m ðn Constitutional Law, great reliance is
placed on the decisions of English courts.
m This preferences for English decision may
have been justified in the early years
after Merdeka.
m Until now, Malaysian court may still
applied English Law by virtue of Section 3
and 5 of the Civil Law Act 1956.
m Not necessary need to refer to English court
decisions but can refer to law available in
other countries as long as it is suit to our local
circumstances.
m ðt was back than Malaysia had been colonised
by British, it does not mean that we have to
refer to the English law if there are any lacuna
in our local legislation.
m ðn the situation where there is a lacuna in the
local legislation, we should apply others·
countries law which is more effective if it is suits
to our local circumstances.
m Daram Singh v MHEDN (1969) 2 MLJ 129.
m Basu·s Commentary on Constitution of
ðndia.
m ðbrahim J.