Malawi

Penal Code

PART II
CRIMES

Division II
Offences Against the Administration of Lawful Authority

CHAPTER XI
OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

113. Offences relating to judicial proceedings

(1) Any person who —

(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken ; or
(b) having been called upon to give evidence in a judicial proceeding, fails to attend, or having attended, refuses to be sworn or to make an affirmation or, having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room ; or
(c) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(d) while a judicial proceeding is pending, makes use of any speech or writing misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken ; or
(e) publishes a report of the evidence taken hi any judicial proceeding which has been directed to be held in private ; or
(f) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connexion with such evidence ; or
(g) dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or
(h) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court ; or
(i) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,

shall be guilty of an offence and shall be liable to imprisonment for three years.

(2) When any offence against subsection (1) (a), (b), (c) or (i) is committed in view of the court, the court may cause the offender to be detained in custody and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine of £70 or in default of payment to imprisonment without hard labour for six months.

(3) This section shall be deemed to be in addition to and not in derogation from the power of the High Court to punish for contempt of court.

Keywords

Offences against administration of justice
Impeding, intimidating or corruptly influencing an official of the Court
National penalties - offences against the administration of justice
National penalties - maximum penalty



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