Malawi

Penal Code

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

101. Perjury and subornation of perjury

(1) Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding or intended to be raised in that proceeding, shall be guilty of the misdemeanour termed perjury.

It is immaterial whether the testimony is given on oath or in any other manner authorized by
law.

The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.

It is immaterial whether the false testimony is given orally or in writing.

It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(2) Any person who aids, abets, counsels, procures, or suborns another person to commit perjury shall be guilty of the misdemeanour termed subornation of perjury.

(3) In this section, the expression “judicial proceeding” includes a proceeding before any court, tribunal, or person having by law power to hear, receive and examine evidence on oath.

(4) When a statement made for the purposes of a judicial proceeding is, not made on oath before the tribunal itself, but is made before a person authorized by law to administer an oath to the person who makes the statement, and to record and authenticate the statement, or is made in any form and manner permitted by any written law, it shall for the purposes of this section be treated as having been made in a judicial proceeding.

Keywords

Offences against administration of justice
Giving false testimony



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