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CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
62. False Evidence
A person is said to give false evidence when :
In any investigation or any matter carried out under the authority of Shari ’ah or Law or by a person authorized to carry out such investigation or matter under the Shari ’ah or Law to make an untrue declaration upon any such subject or to make a declaration hoping that it is or ought to be true or making a declaration not knowing or not confirming the true or untrue nature of that subject matter.
Any document, thing, gesture, writing, deletion or any other thing done which in an investigation or matter conducted under the authority of the Law or by a person authorized by such Shari ’ah or Law used or is likely to be used in any such proceeding and any person involved in such investigation or matter, any responsible official or judge makes a false opinion about the matter, or forms an erroneous understanding or opinion or decides the matter based on such erroneous opinion, and if such act could be reasonably construed to be likely under those circumstances giving of such declaration shall also be considered as giving false evidence. And where a person signs a document as a witness while there is an untrue statement in that document and signs the document as a true document and depending upon how such document maybe used subsequently the person who signs that document can be considered to have given false evidence. This shall be determined by the judge.
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
63. Penalty for giving false evidence
Whoever gives false evidence shall be punished with imprisonment not exceeding 1 year or subjected to fine not exceeding Mrf. 1,000.00 or exile or house detention not exceeding 2 years.
Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(b) Presenting evidence that the party knows is false or forged