24. In any proceedings against a person for an offence under this Ordinance, the burden of proving a defence of lawful authority or reasonable excuse shall lie upon the accused.
25. Where, in any proceedings for an offence under section 4 or 5, it is proved that the accused gave or accepted an advantage, the advantage shall be presumed to have been given and accepted as such inducement or reward as is alleged in the particulars of the offence unless the contrary is proved.
26. Notwithstanding any law or practice to the contrary, it shall be lawful for the court in any proceedings for an offence under Part II to comment on the failure of the accused to give evidence on oath.
“C”—Contd.
Burden of proof.
Presumption of corruption in certain cases.
Comment on failure of accused to give evidence.
PART V
MISCELLANEOUS
27. At the conclusion of proceedings for an offence under this Ordinance, the court may, if of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him, so certify in writing and transmit the certificate and the record of the proceedings to the Attorney General.
28. Where a person is acquitted after trial before the Supreme Court or the District Court for an offence under Part II, the court may award costs to that person, such costs to be taxed and paid out of the general revenue.
29. Any person who, during the course of an investigation into, or in any proceedings relating to, an offence alleged or suspected to have been committed under this Ordinance, knowingly-
(a) makes or causes to be made a false report of the commission of an offence under this
Ordinance to-
(i) any police officer specified in an authorization given under section 13; or (ii) any Crown servant specified in an authorization given under section 13; or (b) misleads-
(i) any police officer specified in an authorization given under section 13; or (ii) any Crown servant specified in an authorization given under section 13, shall be guilty of an offence and shall be liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for one year.
30. Any person who, without lawful authority or reasonable excuse, discloses to any person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Ordinance the fact that he is subject to such an investigation or any details of such investigation, or discloses to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation, shall be guilty of an offence and shall be liable on conviction to a fine of twenty thousand dollars and to imprisonment for one year.
31. (1) No prosecution for an offence under Part II shall be instituted except with the consent of the Attorney General.
(2) Notwithstanding subsection (1) of this section a person may be charged with an offence under Part II and may be arrested therefor, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecution for the offence has not been obtained, but no such person shall be remanded in custody or on bail for longer than three days on such charge unless in the meantime the consent of the Attorney General aforesaid has been obtained.
(3) When a person is brought before a magistrate before the Attorney General has consented to the prosecution, the charge shall be explained to the person accused but he shall
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Frivolous, false or groundless complaints to be reported to the Attorney General.
Costs on acquittal.
Offence of
making a false report of the commission of offence, etc.
Offence to disclose identity, etc. of persons being investigated.
Consent of Attorney General required for prosecution of offences under Part II.
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