JURISDICTIONS OF COURTS IN MALAYSIA

Subordinate Court

Magistrate Court

Civil Jurisdiction

Total amount of disputes or claims less than RM 100,000-00

Criminal Jurisdiction

A First class Magistrate Court has the jurisdiction to try all offences where the maximum
term of imprisonment provided by law does not exceed 10 years or which are punishable
with fine only or cases involving robbery and housebreaking by night.
Generally, a First Class Magistrate may pass any sentence allowed by law not
exceeding :
(a)5 years imprisonment;
(b)a fine of RM10,000.00;
(c)whipping up to 12 strokes; or
(d)any sentence combining any of the sentence aforesaid.However, in some cases e.g
under the Dangerous Drugs Act 1952 and Betting Act 1953 the Magistrate may impose a
fine higher than RM10,000.00.

Sessions court

Civil Jurisdiction

The Sessions Court shall have:

(a)unlimited jurisdiction to try all civil cases such as accident claims, running down
cases, landlord and tenant, and distress;
(b)jurisdiction to try other suits where the amount in dispute or the value of the subject
matter does not exceed RM1,000,000.00;
(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 for
cancellation or rectification of instruments, within the jurisdiction of the Sessions Court.
(d)with the consent of the parties involved, to try cases exceeding RM1,000,000.00 but
the award is limited to the statutory limit of RM1,000,000.00 only.
The Sessions Court may also, 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.

Criminal Jurisdiction

Hear all criminal cases except for the cases subject to death penalty.

High Court

Civil Jurisdiction

Original Jurisdiction
The High Court has the jurisdiction to hear civil cases in respect of:
(a)divorce and matrimonial causes;
(b)admiralty;
(c)bankruptcy and company cases;
(d)appointment and control of guardians of infants and their property;
(e)appointment and control of guardians of disabled persons and their estate; and
(f)grant of probates of wills and letters of administration. Specifically the jurisdiction of
the High Court in civil cases is provided in sections 23, 24, 24A, 25 (including Schedule),
25A, 28, 30, 32, 33 and 35 of the Courts of Judicature Act, 1964.

Unlimited jurisdiction to determine actions involving claims exceeding RM1 million.

Criminal Jurisdiction

Criminal Cases

Generally, the High Court has the jurisdiction to hear cases which carry the death
penalty.
Specifically, the jurisdiction of the High Court in criminal cases is provided in sections 22,
26, 31 and 35 of the Courts of Judicature Act, 1964.
Appellate jurisdiction

To determine appeals originating from the Subordinate Courts.

Supervisory jurisdiction

To review the decisions of inferior courts, tribunals and other bodies or persons who
carry out quasi-judicial functions.

Court of Appeal

Article 121(1B) Federal Constitution

(a) Appellate jurisdiction – to determine appeals (civil and criminal) from the decisions
of a High Court or a judge thereof;

(b) Such other jurisdiction as may be conferred by or under federal law

Federal Court

(a) Appellate jurisdiction (Article 128(3)) – to determine appeals from the Court of
Appeal and the High Court.

(b) Exclusive original jurisdiction (Article 128(1)) – to determine (a) any question on the
validity of law made by Parliament or by the legislature of a state; and (b) disputes on
any other question between states or between the Federation and any state.

(c) Referral jurisdiction (Article 128 (2)) – to determine any question that arises before
any court as to the effect of any provision of the Constitution.

(d) Advisory jurisdiction (Article 130) – to provide and pronounce its opinion on
reference made by the King on any question as to the effect of any provision of the
Constitution which has arisen or appears to His Majesty likely to arise.