22
CAP. 200]
Power to direct a prosecution for perjury.
1911 c. 6. s. 9.
Form of indictment.
1911 c. 6. s. 12.
Crimes
[1984 Ed.
such affidavit may have been sworn, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 7 years and to a fine.
(21 of 1922, s. 11, incorporated. Amended, 5 of 1924, Schedule)
41. (1) Where any judge or magistrate is of opinion that any person has in the course of a proceeding before him been guilty of perjury, he may order the prosecution of that person for such perjury in case there appears to be reasonable cause for such prosecution, and may commit him, or admit him to bail, to take his trial at the proper court, and may require any person to enter into a recognizance to prosecute or give evidence against the person whose prosecution is so ordered, and may give the person so bound to prosecute a certificate of the making of the order for the prosecution, for which certificate no charge shall be made. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
(2) An order made or a certificate given under this section shall not be given in evidence for the purpose or in the course of any trial of a prosecution resulting therefrom.
42. (1) In an indictment-
(21 of 1922, s. 12, incorporated)
(a) for making any false statement or false représentation
punishable under this Part; or
(b) for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously or corruptly taking, making, signing or sub-scribing any oath, affirmation, solemn declaration, statutory declaration, affidavit, deposition, notice, certificate or other writing; or
(c) for wilfully making contradictory statements on oath in a
judicial proceeding or proceedings; or
(d) for wilfully using a false affidavit,
it is sufficient to set forth the substance of the offence charged and before which court or person (if any) the offence was committed, without setting forth the proceedings or any part of the proceedings in the course of which the offence was committed, and without setting forth the authority of any court or person before whom the offence was committed.
(2) In an indictment for aiding, abetting, counselling, procuring or suborning any other person to commit any offence mentioned in subsection (1), or for conspiring with any other person, or for inciting or attempting to procure or suborn any other person, to commit any such offence, it is sufficient-
(a) where such offence has been committed, to allege that offence and then to allege that the defendant procured the commission of that offence; and
22
CAP. 200]
Power to direct a prosecution for perjury.
1911 c. 6. s. 9.
Form of indictment.
1911 c. 6. s. 12.
Crimes
[1984 Ed.
such affidavit may have been sworn, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 7 years and to a fine.
(21 of 1922, s. 11, incorporated. Amended, 5 of 1924, Schedule)
41. (1) Where any judge or magistrate is of opinion that any person has in the course of a proceeding before him been guilty of perjury, he may order the prosecution of that person for such perjury in case there appears to be reasonable cause for such prosecution, and may commit him, or admit him to bail, to take his trial at the proper court, and may require any person to enter into a recognizance to prosecute or give evidence against the person whose prosecution is so ordered, and may give the person so bound to prosecute a certificate of the making of the order for the prosecution, for which certificate no charge shall be made. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
(2) An order made or a certificate given under this section shall not be given in evidence for the purpose or in the course of any trial of a prosecution resulting therefrom.
42. (1) In an indictment-
(21 of 1922, s. 12, incorporated)
(a) for making any false statement or false représentation
punishable under this Part; or
(b) for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously or corruptly taking, making, signing or sub- scribing any oath, affirmation, solemn declaration, statu- tory declaration, affidavit, deposition, notice, certificate or other writing; or
(c) for wilfully making contradictory statements on oath in a
judicial proceeding or proceedings; or
(d) for wilfully using a false affidavit,
it is sufficient to set forth the substance of the offence charged and before which court or person (if any) the offence was committed, without setting forth the proceedings or any part of the proceedings in the course of which the offence was committed, and without setting forth the authority of any court or person before whom the offence was committed.
(2) In an indictment for aiding, abetting, counselling, procur- ing or suborning any other person to commit any offence mentioned in subsection (1), or for conspiring with any other person, or for inciting or attempting to procure or suborn any other person, to commit any such offence, it is sufficient-
(a) where such offence has been committed, to allege that offence and then to allege that the defendant procured the commission of that offence; and
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