Professional Documents
Culture Documents
The Magistrates Court in Malaysia
The Magistrates Court in Malaysia
The Magistrates' Courts have jurisdiction to hear both criminal and civil cases.
The Magistrates Court .sits every day except on public holidays.
A Magistrate for the Federal Territory is appointed by Yang di-Pertuan
Agong on the recommendation of the Chief Judge. For respective States, a
magistrate is appointed by the State Authority on the recommendation of the
respective Chief Judges.
First Class Magistrates are legally qualified and have greater power and a
Second Class Magistrates are normally appointed.
In criminal matters, Section 87 of the Subordinate Courts Act 1948 [Act 92]
provides the First Class Magistrate fairly substantial powers. A First Class
Magistrate has the jurisdiction to try all offences of which
the maximum term of imprisonment does not exceed ten (10) years; or
are punishable with fine only;
in civil matters, a First Class Magistrate has the jurisdiction to hear all actions and
suits of a civil nature where the amount in dispute or value of the subject
matter does not exceed RM100,000 under Section 90 of the Subordinate
Courts Act 1948 [Act 92].
Criminal Jurisdiction
A Second Magistrate has the jurisdiction to hear criminal matters of the
following nature -
Civil Jurisdiction
A Second Class Magistrate may hear a civil case where the plaintiff seeks to
recover a debt or liquidated demand in money payable by the defendant, with
or without interest, not exceeding RM10,000.
Criminal Jurisdiction
Civil Jurisdiction
A Second Class Magistrate may hear a civil case where the plaintiff seeks to
recover a debt or liquidated demand in money payable by the defendant, with
or without interest, not exceeding RM10,000.
Where the amount in dispute does not exceed RM5,000, you can file your
claim by submitting Form 198 to the small claims division of the Magistrates
Court. The form is given free of charge but you'll have to pay a filing fee of
RM10. In small claims proceedings, you may consult a lawyer but cannot be
represented by a lawyer at the hearing.