Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 446

Summary punishment for perjury in open court

449.
(1) If any person giving evidence on any subject in open court in any judicial proceeding under this Code gives, in the opinion of the court before which the judicial proceeding is held, false evidence within the meaning of section 188 of the Penal Code it shall be lawful for the Court, if such court be the Supreme Court or Court of Appeal or High Court, summarily to sentence such witness ,as for a contempt of the court to imprisonment either simple or rigorous for any period not exceeding two years or to fine such witness in any sum not exceeding one thousand rupees ; or if such court be an inferior court to order such witness to pay a fine not exceeding five hundred rupees or to undergo rigorous or simple imprisonment for any period not exceeding three months. Whenever the power given by this section is exercised by a court other than the Supreme Court or Court of Appeal, the Judge of such court shall record the reasons for imposing such sentence.
(2) Any person who has undergone any sentence of imprisonment or paid any fine imposed under this section shall not be liable to be punished again for the same offence.
(3) Any person against whom any order is made by any court other than the Supreme Court or Court of Appeal under subsection (1) may appeal to the Court of Appeal and every such appeal shall be subject to the provisions of this Code.
(4) In lieu of exercising the power given by this section the court may if it thinks fit transmit the record of the judicial proceeding to the Attorney-General to enable him to exercise the powers conferred on him by this Code.


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