CAP. 75
Criminal Procedure Code
[Rev. 2012]
151. Evidence to be given on oath
Every witness in a criminal cause or matter shall be examined upon oath, and
the court before which any witness shall appear shall have full power and authority
to administer the usual oath.
[Act No. 42 of 1954, s. 4.]
152. Refractory witnesses
(1) Whenever a person, appearing either in obedience to a summons or by
virtue of a warrant, or being present in court and being verbally required by the
court to give evidence—
(a) refuses to be sworn; or
(b) having been sworn, refuses to answer any question put to him; or
(c) refuses or neglects to produce any document or thing which he is
required to produce; or
(d) refuses to sign his deposition,
without offering sufficient excuse for his refusal or neglect, the court may adjourn
the case for any period not exceeding eight days, and may in the meantime commit
that person to prison, unless he sooner consents to do what is required of him.
(2) If the person, upon being brought before the court at or before the adjourned
hearing, again refuses to do what is required of him, the court may again adjourn
the case and commit him for the same period, and so again from time to time until
the person consents to do what is so required of him.
(3) Nothing contained in this section shall affect the liability of any such person
to any other punishment or proceeding for refusing or neglecting to do what is
so required of him, or shall prevent the court from disposing of the case in the
meantime according to any other sufficient evidence taken before it.
153. Repealed by Act No. 46 of 1963, Second Sch.
COMMISSIONS FOR THE EXAMINATION OF WITNESSES
154. Issue of commission for examination of witness
(1) Whenever, in the course of a proceeding under this Code, the High Court
or a magistrate empowered to hold a subordinate court of the first class is satisfied
that the examination of a witness is necessary for the ends of justice, and that
the attendance of the witness cannot be procured without an amount of delay,
expense or inconvenience which, under the circumstances of the case, would be
unreasonable, the court or magistrate may issue a commission to any magistrate
within the local limits of whose jurisdiction the witness resides, to take the evidence
of the witness.
(2) The magistrate to whom the commission is issued shall proceed to the place
where the witness is or shall summon the witness before him, and shall take down
his evidence in the same manner, and may for this purpose exercise the same
powers, as in the case of a trial.
[Issue 1]
C44 - 60
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