CHAPTER TWO
Offences
PART IV
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Unlawful Oaths
Administering or taking unlawful oath or attempt to so do
369.— (1) A person who takes, or administers, or attempts or offers to administer, to a person, any unlawful oath is liable on conviction on indictment to imprisonment for five years.
(2) In this section —
“unlawful oath” means any oath or engagement to commit or aid and abet any crime, or to conceal a design to commit any crime, or to prevent the discovery of any crime or the conviction of the person for any crime, and any oath or engagement to conceal the existence, purposes, or proceedings of any association of persons associated for any treasonable or seditious purpose;
“crime” includes any crime punishable on indictment, whether under this Code or any other enactment.
Compounding Offences Definition of compounding crime
370. A person compounds a crime if he or she offers or agrees to forbear from prosecuting or giving evidence against a person on a criminal charge, in consideration of money, or of any other valuable thing, or of any advantage whatsoever to himself or herself or to any other person or on an account of compassion or fear of bodily injury or by agreement with the person charged.
Compounding crime
371. Any person who accepts, or agrees or offers to accept, any reward under pretence or on account of restoring to the person, or of helping the person to recover, anything which has been appropriated by deception, or other frauds, fraudulent breach of trust or stealing, handling, robbery, or extortion, or unlawful possession, upon the terms or with the understanding that such crime shall be compounded, is liable on conviction on indictment to imprisonment for ten years.
Compounding indictable offence on summary offence
372. -(1) Any person who, without leave of a Court, compounds any crime punishable on indictment, is liable on conviction on indictment to imprisonment for ten years.
(2) Unless in the opinion of the Court it was proper to do so in the circumstances, any person who without leave of the Court directly or indirectly, receives any sum of money or other reward in order not to prosecute a summary offence is liable on conviction to indictment to imprisonment for two years.
Compounding any offence involving child
373. Any person who, without leave of a court, compounds any crime in which a child was abused in any way, is liable on conviction on indictment to imprisonment for fifteen years.
Interference with Witnesses
Causing person to refrain from giving evidence at criminal trial
374. Any person who, with intent to defeat, obstruct, or pervert the course of justice at the trial of any other person for any crime, in any manner causes the other person to refrain from giving evidence at such trial, is liable on conviction on indictment to imprisonment for seven years.
Causing witness to disobey summons or not to produce evidence
375. Any person who, in any manner wilfully causes any other person to disobey a summons, subpoena, or order—
(a) for his or her attendance as a witness in any judicial proceeding; or
(b) for the production by him or her of any written or other evidence in any judicial proceedings;
is liable on conviction on indictment to imprisonment for five years.
Perverting the course of justice
376— (1) A person commits an offence of perverting the course of justice if he or she acts or embarks upon a course of conduct which has a tendency to and is intended to pervert the course of justice.
(2) Without prejudice to the generality of subsection (1) the following acts or course of conduct may amount to the offence of perverting the course of justice —
(a) where a person knowingly makes a false allegation to the police to the effect that another person has committed a crime and as a result that other person is arrested;
(b) where an act is done by a person with the intention of concealing the fact that a crime has been committed, and it is immaterial whether or not proceedings are pending or have commenced in respect of the crime;
(c) where a person does an act with the intention of assisting another person whom he or she knows is wanted by the police to evade lawful arrest;
(d) where in judicial proceedings a witness alters his or her evidence or does not give evidence on account of affection, gain, reward or hope or promise of a reward;
(e) where a person who has been summoned as a witness without lawful excuse absents himself or herself in return for payment or reward;
(f) where a person by any means or with any promise, induces another to withdraw charges made or induces another not to pursue the prosecution of an offence;
(g) the publication of any matter calculated to prejudice the fair trial of a case pending in the Court.
(3) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for five years.
Intimidation of Judicial Officers Violence to intimidate judicial officers, etc.
377. Any person who uses any violence with intent to deter any other person —
(a) from acting in any manner as a Judge, Magistrate, juror, witness, counsel, agent, prosecutor, or party in any legal proceeding or inquiry; or
(b) from acting in execution of his or her duty as a Judge or Magistrate or peace officer or in any judicial capacity;
(c) from having recourse to any Court or on account of his or her having so acted or had recourse to the Court;
is liable on conviction on indictment to imprisonment for ten years.
Hindering the Holding of Inquests
Delaying or preventing inquest by burial, or other disposal of body
378. Any person who, with intent to prevent, obstruct, or delay the holding of an inquest upon the dead body or concerning the death of any other person, or to defeat the ends of justice, buries, or in any manner conceals or disposes of such body is liable on conviction on indictment to imprisonment for two years.
Failure by coroner or others liable, to take steps to hold inquest
379. — (1) Any person who is under a duty as a Magistrate, coroner, correctional officer, overseer, peace officer, or in any other capacity, to give any notice or take any measures for the purpose of holding an inquest upon the dead body or concerning the death of any person, wilfully or negligently fails to perform such duty is liable on conviction on indictment to imprisonment for two years.
(2) The provisions of this section are without prejudice to any provision of the Coroner’s Ordinance No. 35 of 1965 or any enactment replacing it.
Contempt
Contempt of Court
380.— (1) A person commits the offence of contempt of Court if he or she —
(a) assaults a Judge or any other judicial officer while he or she is carrying out his or her official functions in the Court or threatens to assault the person in Court during Court proceedings;
(b) disturbs or obstructs Court proceedings by insulting behaviour;
(c) by words or conduct wilfully interrupts or disturbs proceedings of the Court;
(d) wilfully with force or threats hinders the person from entering or leaving any Court or removes any person from, or detains him or her in any Court;
(e) being a witness, without lawful excuse, refuses to be sworn or on being sworn in refuses to answer any question;
(f) being counsel in proceedings of a Court fails or refuses without lawful excuse to obey an order of the Court;
(g) publishes any matter which is intended or is likely to prejudice the fair trial or conduct of criminal proceedings;
(h) publishes any matter which prejudges issues which are to be tried or being tried by the Court;
(i) publishes any matter which is calculated to bring the Court or a Judge into contempt or to lower his or her authority or the lawful process of the Court;
(j) makes any false or misleading statement either orally or in writing to or concerning a Judge or Magistrate in respect of the performance of his or her function which is calculated or is likely to bring him or her into ridicule odium or contempt.
(2) A person who commits of an offence under subsection (1) is liable on conviction on indictment to imprisonment for two years.
Perjury and Related Offences
Falsifying, destroying, etc. register of record
381. Any person who, intentionally and unlawfully falsifies, destroys, damages, removes, or conceals any public register of marriages, births, baptisms, deaths, or burials, or any other public register or record, with intent to defeat, obstruct, or pervert the course of justice or to defraud or injure any other person, is liable on conviction on indictment to imprisonment for seven years.
Destroying, damaging, etc. will or land title
382. Any person who, intentionally or unlawfully destroys, or damages, removes, or conceals any will or any document of title to land, with intent to defeat, obstruct, or pervert the course of justice or to defraud or injure any other person, is liable on conviction on indictment to imprisonment for seven years.
Removing, damaging, etc. document
383. Any person who, unlawfully, with intent to defeat, obstruct, or pervert the course of justice or to defraud or injure any other person removes, conceals, damages, or alters any instrument or document used or intended to be used in any judicial proceeding, is liable on conviction on indictment to imprisonment for five years.
Fabricating false evidence
384. A person fabricates false evidence —
(a) if he or she causes any circumstance to exist; or
(b) makes any false entry in any book, accounts, or records; or
(c) makes any document containing a false statement ; or
(d) forges any document;
with intent to mislead any public officer, Judge, Magistrate, or juror acting in any judicial proceedings.
Fabricating false evidence punishable like perjury
385. Any person who fabricates false evidence with intent to defeat, obstruct, or pervert the course of justice in any proceeding is liable to the same punishment as if he or she had committed perjury in that proceeding.
Bringing fictitious action
386. Any person who fraudulently brings any action against another person in a false or fictitious name, and without any ground for such action, is liable on conviction on indictment to imprisonment for two years.
Acknowledging or consenting to judgment, deed or recognizance on another’s name without consent
387. Any person who acknowledges or consents to — (a) the judgment or confession of a cause of action;
(b) any deed to be enrolled;
(c) any recognizance or bail, whether or not it is filed;
in the name of another person without the consent of that other person, is liable on conviction on indictment to imprisonment for four years.
Deceiving Court or judicial officer by impersonation, false document, seal or signature
388. Any person who, with intent to defeat, obstruct, or pervert the course of justice or to defraud or injure any other person, endeavours to deceive any Court or judicial officer by personation, or by any false instrument, document, seal or signature, is liable on conviction on indictment to imprisonment for five years.
False interpretation
389. Any person who, being an interpreter, whether sworn or not, —
(a) wilfully and falsely interprets the evidence of any witness;
(b) wilfully makes
(i) any false statement or translation of any fact or witness’ evidence; or
(ii) statement to the Court, Judge or Magistrate, or in any Court inquiry or proceeding, or in any other matter or on any other occasion;
while performing the duty of an interpreter, or interpreting the evidence of any witness, or in any translation of a document by him or her as an interpreter is liable, on conviction on indictment to imprisonment for five years or summary conviction to a fine of five thousand dollars.
Interpreter liable for perjury
390. Any interpreter who has been sworn is also liable to prosecution and punishment for perjury.
Making false sentence under oath
391.— (1) A person commits the offence of perjury if, in any written or verbal statement made or verified by him or her upon oath before a Court or public officer, he or she states anything which he or she knows to be false, or which he or she has no reason to believe to be true, with intent to defeat, obstruct or pervert the course of justice or the execution of the law, or with intent to defraud or injure the person.
(2) A person may commit the offence of perjury if he or she swears that he or she believes a thing which he or she does not in fact believe.
(3) It is no defence that the person was not a competent or compellable witness or was not competent, or compelled, to make the statement.
(4) “Oath” includes any form of declaration or affirmation permitted or prescribed by law to be taken as or in lieu of an oath.
Aiding and abetting perjury
392. Any person who commits or aids and abets perjury is liable on conviction on indictment to imprisonment for ten years, or on summary conviction to imprisonment for two years.
Perjury on capital crime
393. Any person who commits or aids and abets perjury with intent to cause the conviction of any other person for any crime punishable with death, is liable on conviction on indictment to imprisonment for twenty years.
Perjury on trial for crime not capital
394. Any person who commits or aids and abets perjury with intent to cause the conviction of any other person for a crime not punishable with death, is liable on conviction on indictment to fourteen years imprisonment or for any greater term to which the person would otherwise be liable, on conviction of that crime.
Perjury to defraud by personation
395. Any person who commits or aids and abets perjury in furtherance of any purpose or conspiracy to defraud by personation is liable on conviction on indictment to imprisonment for ten years.
Escape and Related Offences Escaping, or permitting rescue or rescuing
396. Any person who endeavours to resist or prevent the execution of the law —
(a) by escaping from lawful custody for crime;
(b) by aiding or permitting any other person to escape from lawful custody for a crime;
(c) by permitting himself or herself to be rescued from lawful custody for a crime;
(d) by rescuing any other person from lawful custody for crime,
is liable on conviction on indictment if such crime is punishable with death or with imprisonment for more than seven years, to imprisonment for fifteen years or if such crime is punishable with imprisonment for not more than seven years, to imprisonment for ten years, or, if such crime is a summary offence to imprisonment for seven years or to a fine of two thousand dollars on summary conviction.
Rescue for cause not crime. Rescuing thing in legal custody
397. A person who endeavours to resist or prevent the execution of the law —
(a) by rescuing any other person from lawful custody for any cause other than crime;
(b) by rescuing, any goods or things from the public officer or peace officer having possession, custody, or care of such goods or thing under or by virtue of any lawful warrant or process;
is liable on conviction on indictment to imprisonment for five years.
Preventing execution of death sentence
398. A person who endeavours by force to prevent the execution of the person sentenced to death is liable to imprisonment for life.
Refusing or neglecting to aid in arrest or to prevent crime rescue or escape
399. A person who is lawfully commanded by any public officer or other person to give assistance for the prevention of crime, or for arresting any other person, or for preventing the rescue or escape of any other person, refuses or neglects to give such assistance according to his or her ability is liable on conviction on indictment to imprisonment for two years, or on summary conviction to imprisonment for six months.
Resisting lawful arrest for crime
400. Any person who endeavours to resist or prevent the execution of the law by resisting the lawful arrest of himself or herself or any other person for a crime, is liable on conviction on indictment, if such crime is punishable with death or with imprisonment for more than seven years, to imprisonment for seven years, or if such crime is punishable with imprisonment for not more than seven years, to imprisonment for five years, or if such crime is a summary offence to imprisonment for two years.
Resisting or preventing arrest for cause not crime
401. A person who endeavours to resist or prevent the execution of the law by resisting the lawful arrest of himself or herself or of any other person for any cause other than a crime is liable on conviction on indictment to imprisonment for two years.
Harbouring or aiding criminal
402. A person who knowing or having reason to believe that another person has committed or has been convicted of any crime, aids, conceals, or harbours that person, with the intention of enabling him or her to avoid lawful arrest or the execution of his or her sentence, or to escape punishment, is liable, —
(a) if the crime is punishable with death or with imprisonment for fourteen years or more, to imprisonment for seven years, on conviction on indictment;
(b) if the crime is an indictable offence other than that referred to in paragraph (a), to imprisonment for five years, on conviction on indictment;
(c) if the crime is a summary offence, to a fine of one thousand dollars on summary conviction unless the Court is of opinion that in the circumstances there should be no conviction or punishment owing to the trivial nature of the offence or other sufficient reason.
Bribing Public Officials
Definitions and special provisions
403.— (1) For the purposes of sections 404 to 425 — “civil office” means any public office;
“judicial officer” means the person executing judicial functions as a public officer;
“public office” means the office of any public officer;
“public officer” means the person holding any of the following offices, or performing the duties thereof, whether as a deputy or otherwise, namely, —
(a) any civil office, in respect of which the power to appoint or remove the person vests in Her Majesty, or in the Governor-General, or in any public commission or board;
(b) any office to which a person is nominated or appointed under the Constitution or other enactment or by public election;
(c) any civil office, in respect of which the power to appoint or remove the person vests in the person holding a public office;
(d) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or with the sanction of any Court;
(e) any Justice of the Peace;
“valuable consideration” includes any money, money’s worth, or valuable thing, and any office or dignity, and any forbearance to demand money, or money’s worth, or any valuable thing and the personal advantage of whatever kind.
2) A person acting as a minister of religion or ecclesiastical officer, of whatever denomination, is a public officer in so far as he or she performs functions with respect to the notification of intended marriage, or the solemnization of marriage, or the making or keeping of any register or certificate of marriage, birth, baptism, death, or burial, but not in any other respect.
(3) It is immaterial, for the purposes of this section, whether a person is or is not entitled to any salary or other remuneration in respect of the duties of his or her office.
Breach of Trust and Other Frauds Breach of trust by public officer
404. A public officer who in the discharge of the duties of his or her office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person is liable on conviction on indictment to imprisonment for ten years, or on summary conviction to imprisonment for two years.
Failure or refusal to deliver money or other property
405. Any person employed in the service of the government of this State or any city, town, or village in this State, and entrusted by virtue of such employment with the keeping, receipt, custody, management or control of chattel, money, valuable security, book of account or document, or other property, who refuses or fails to deliver up any such thing or property to any one authorised to demand it, is liable on conviction on indictment to imprisonment for seven years.
Failure by public officer to pay or account for or produce money or property
406.— (1) A public officer who is under a duty by reason of his or her employment, to pay or account for any monies or valuable security or to produce or deliver up any documents or other things, or who fails to do so in compliance with a demand to do so in accordance with his or her duty made to him or her by any other officer or person authorised in that behalf is liable on summary conviction to imprisonment for three months, and his or her conviction is without prejudice to his or her liability in any civil proceedings or for any other offence punishable under this Code.
(2) A public officer sentenced to imprisonment under subsection (1) shall be discharged upon his or her satisfying the Court before which he or she was sentenced, or any other Court of similar jurisdiction that he or she has since his or her conviction performed the duty in respect of which he or she was sentenced to imprisonment.
False attestation or certificate by public officer
407. Any person who, being bound or authorised as a public officer to attest or certify, by writing or otherwise, any document or matter, or that an event has or has not happened, who certifies such document or matter which he or she knows is false in any material particular, or attests or certifies that such event has or has not happened, without knowing or having reason to believe that the event did or did not in fact happen or has not happened, according to his or her attestation or certificate, is liable on conviction on indictment to imprisonment for two years.
Falsifying, etc., document by public officer
408. A public officer who intentionally or recklessly destroys, damages, falsifies, or conceals any document which is in his or her possession, custody, or control, or to which he or she has access by virtue of his or her office, is liable on conviction on indictment to imprisonment for two years.
Furnishing false statement or return of money or property
409.— (1) A public officer charged with the receipt, custody, or management of any part of public revenue or property of the State or of any city, town or village of the State, who intentionally or recklessly furnishes any false statement or account of any money or property received by him or her or entrusted to his or her care, or of any balance of any money or property in his or her possession or under his or her control, is liable on conviction on indictment to imprisonment for two years.
(2) Nothing in this section shall exempt any person from liability to greater or other punishment under any other provision of this Code or of any other enactment, but the person shall not be punished twice for the same act.
Bribery and Corruption
Corruption of or by voter, or juror
410.— (1) A person commits the offence of corrupting a juror or voter in respect of the duties of his or her office or in respect of his or her vote if he or she attempts directly or indirectly to influence the conduct of such juror, or voter in respect of the duties of his or her office or in respect of his or her vote by the gift, promise, or prospect of any valuable consideration to be received by such juror, or voter, or by another person, from any other person.
(2) A juror, or voter commits the offence of corruption in respect of the duties of his or her office or in respect of his or her vote, if he or she directly or indirectly agrees or offers to permit his or her conduct as such juror, or voter to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him or her, or by another person, from any other person.
(3) It is immaterial for the purposes of subsection (1) or (2) that the person in respect of whose conduct the attempt, agreement, or offer is made is not at the time of the making of such attempt, agreement, or offer, a juror, or voter, if the attempt, agreement or offer is made in the expectation that he or she will or may become such juror, or voter.
(4) It is immaterial, for the purposes of subsection (2) or (3), whether the act to be done by a person in consideration or in pursuance of any gift, promise, prospect, agreement, or offer is in any manner criminal or wrongful, otherwise than by reason of the provisions of those subsections.
Presumption of corruption of or by juror or voter
411.— (1) Where after a person has done any act as a public officer, juror, or voter, he or she accepts, or agrees or offers to accept, for himself or herself or for any other person, any valuable consideration on account of such act, he or she is presumed, until the contrary is shown, to have committed the offence of corruption, in respect of such act.
(2) Where after a juror, or voter has done an act as such of juror, or voter, any other person agrees or offers to give, or procure for, him or her or for any other person any valuable consideration on account of such act, the person so agreeing or offering is presumed until the contrary is shown,to have committed the offence of having, before the doing of such act, corrupted such juror, or voter in respect of such act.
Accepting agreement or offering to accept bribe as to juror or voter
412. Any person who accepts, or agrees or offers to accept, any valuable consideration for having unduly influenced, or for agreeing or being able so to influence, any person in the discharge of his or her duties as a juror or voter is liable on conviction on indictment to imprisonment for seven years.
Corrupting or attempt to corrupt juror or voter
413. A person who corrupts or attempts to corrupt any other person in the discharge of any duties as a juror or voter is liable on conviction on indictment to imprisonment for ten years.
Corrupt agreement or offer by judicial officer or juror
414. A judicial officer or juror who, otherwise than in the due execution of his or her duties as a judicial officer or juror, makes or offers to make any agreement or offer by any agreement with any person as to the judgment or verdict which he or she will or will not give as a judicial officer or juror in any pending or future proceeding is liable on conviction on indictment to imprisonment for ten years.
Corrupt selecting of juror
415. Any person who, with the intention of procuring any undue advantage or disadvantage to, any party to any judicial proceeding, procures himself or herself or any other person to be summoned, empannelled, or sworn as a juror in such proceeding, or endeavours to prevent any other person from being summoned, empannelled, or sworn as a juror in such proceeding, is liable on conviction on indictment to imprisonment for seven years.
Corruption by juror or voter
416. Every juror or voter who commits the offence of corruption, with respect to the discharge of the duties of his or her office, is liable on conviction on indictment to imprisonment for ten years.
Extortion by Public Officials or Jurors Extortion by public officials or jurors
417. A public officer or juror commits of extortion who, under cover of his or her office, demands or obtains from the person, whether for public purposes or for himself or herself or any other person, any money or valuable consideration which he or she knows he or she is not lawfully authorised to demand or obtain, or at a time which he or she knows he or she is not lawfully authorised to demand.
Penalty for extortion by public officer or juror
418. A public officer or juror who is guilty of extortion in respect of the discharge of the duties of his or her office is liable on conviction on indictment to imprisonment for seven years.
Violence to deter official or for recourse to public officer
419. The person who uses any violence with intent to deter any other person from acting in any official capacity, or from having recourse to any public officer, or on account of his or her having so acted or had recourse to any public officer, is liable on conviction on indictment to imprisonment for seven years.
Violence or deceit to hinder or obstruct public officer
420. A person who assaults, molests, obstructs or resists, or aids and abets or incites any other person to assault, molest, obstruct or resist any public officer or the person acting in the aid of such officer, while the officer is acting or proceeding to act in the execution of any public office or duty, or in the execution of any warrant or legal process, is liable on conviction on indictment to imprisonment for seven years or on summary conviction to imprisonment for two years.
Oppression by public officer or juror
421.— (1) A public officer or juror who commits the offence of wilful oppression in respect of the discharge of the duties of his or her office is liable on conviction on indictment to imprisonment for five years.
(2) A public officer or juror commits the offence of wilful oppression in respect of the discharge of the duties of his or her office if he or she intentionally commits any excess or abuse of his or her authority, to the injury of the public or of any person.
Pretending to be public officer or juror
422. Any person who pretends to be or acts as a public officer or juror, when he or she is not lawfully authorised to act as such officer or juror, is liable on conviction on indictment to imprisonment for five years, unless he or she shows either —
(a) that he or she pretended to be or acted as such officer or juror under a mistake of law or of fact;
(b) in the case of a person acting as a public officer, that he or she so acted in good faith for the public benefit.
Refusal to serve in public office, if no punishment otherwise
423. Any person who, without lawful excuse, refuses to serve in any public office which he or she is legally bound to serve, and no penalty or punishment is provided for such refusal by this Code or any enactment, is liable on conviction on indictment to imprisonment for two years.
Selling or trafficking in offices
424.— (1) Any person who is a party to or aids and abets —
(a) the unlawful sale or purchase of any public office;
(b) the making of any unlawful and corrupt bargain or transaction with respect to an appointment to a public office or with respect to the gains of a public office,
is liable on conviction on indictment to imprisonment for five years.
(2) The provisions of subsection (1) shall apply to every civil public office the sale and purchase of which is not authorised by any enactment or by any orders or regulations lawfully made with respect to such office by a person having authority to make such orders or regulations.
(3) For the purposes of this section, “corrupt bargain or transaction” includes any agreement, which is not made with an authorisation in accordance with subsection (2) —
(a) for the giving or receipt by any person of any valuable consideration for nominating or appointing a person to an office;
(b) for procuring, soliciting, or recommending the nomination or appointment of a person to an office;
(c) for resigning or procuring the resignation of an officer;
(d) for any promise, offer or attempt to do such act as is mentioned in this section;
and includes any agreement, not made with such authorisation, for paying to any person, or permitting any person to retain or receive, the whole or any part of the salary, fees, or other remuneration or benefits of an office.
(4) No person is liable to punishment under this section in respect of any sale, purchase bargain, or transaction which is made with the approval of the Governor-General, or, if the sale, purchase, bargain, or transaction is made by the person with authority from, or on behalf of, the Governor-General.
False statements or oaths for obtaining or acting in office
425. Any person who, in order that he or she may obtain or be qualified to act in any public office, makes, signs, publishes, or uses any declaration, statement, or oath required by law in such case, or any certificate or testimonial as to his or her conduct or as to any other matter which is material for the purposes of his or her obtaining of such office, or for his or her qualification to act in such office, if he or she does so knowing that such declaration, statement, oath, certificate, or testimonial is false in any material particular, is liable on conviction on indictment to imprisonment for five years.
Offences against administration of justice
National prosecution for offences against the administration of justice
EDIT.