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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.
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
68. False oath
False oath for the purposes of this Law shall mean where the claimant is bound to give an oath in circumstances where he does not have any evidence to prove the claim instituted by him or where an oath is given by the defendant in accordance with the principals of Shari ’ah, where such oath is made before a judge in the name of god and on untrue premise.
69. Penalty for giving false Oath
Whoever makes a false oath shall be subjected to a punishment of imprisonment not exceeding 1 year or a fine not exceeding Mrf. 1,000.00 or exile not exceeding 2 years.
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
70. Concealment of evidence in relation to a capital offence
Where whoever in a proceedings of a capital offence conceals any evidence of the commission of the offence or does any act that prevents any person searching for such evidence to fail in his endeavor or makes a statement with the intention to conceal or to deceive such evidence shall be subjected to a punishment of exile or imprisonment between a period of 2 years and 4 years or to a fine between Mrf. 300.00 and Mrf. 4,000.00.
71. Concealing evidence relating to offence for which punishment is a period of imprisonment or jail exceeding 10 years
Whoever conceals or does any act to prevent such evidence from being produced in relation to an offence for which the punishment prescribed is life imprisonment or life exile or exile or imprisonment for a period exceeding 10 years shall be subjected to exile or imprisonment for a period not exceeding 3 years or to a fine between Mrf. 200.00 and Mrf. 2,000.00
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
73. Concealment or destruction of document required for justice
Whoever conceals, destroys, puts fire on or loses a document that is required before Judicial proceedings or before a responsible official authorized by Law for the purposes of administering justice and where it is done in defense of the offender or offenders shall be subjected to a punishment of exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 500.00.
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
80. Public servant committing unlawful act to mitigate person’s punishment
Every public servant who commits an unlawful act for the purposes of saving a person from punishment or to mitigate the sentence awarded in respect of an offence committed by that person, he shall be subjected to exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 1,000.00.
Where any steps taken by public servants contrary to Law are suitable to facilitate prevention of punishment of an offender or mitigation of his punishment, such steps taken by public servants shall fall within the purview of this section. Any intentional alteration made by a public servant to a document of Shari ’ah or Law is also included within this Section.
CHAPTER 3
False Evidence, false oath and offences against Shari’ah and Law
85. Interruption of lawful judicial or legal proceedings
a. Whoever commits an act that is likely to interrupt or cause inconvenience to judicial or legal proceedings lawfully being conducted (except committing assault on the judge, person in his office or his officer) and does that act in contravention of Law and with intention or after having given a warning shall be subjected to a fine not exceeding Mrf. 500.00.
b. Where any act specified in Sub-section a. was committed intentionally involving assault on the
judge, his officer or staff, the offender shall be subjected to exile or imprisonment not exceeding 1 year or a fine not exceeding Mrf. 1,000.00.
c. Where any acts specified in Sub-section a. was committed intentionally involving assault on the judge, or judges the offender shall be subjected to exile or imprisonment not exceeding 2 years or a fine not exceeding Mrf. 1,500.00
d. Where an act specified in Sub-section a., b. and c. were committed being armed with a sword, a gun, sharp object or any other thing which if used as a weapon of offence can be likely to cause death of a person, then the offence mentioned in each of those Sub-sections shall be multiplied by three times and so shall be multiplied the punishment given in respect thereof.