Malaysia legislation
Section 14
Section 14
Summary punishment for perjury in open court
(a)
gives, in the opinion of the Court before which the judicial proceeding is held, false evidence within the meaning of section 191 of the Penal Code [Act 574] upon a material issue; or
(b)
wilfully and knowingly makes or is proved to have made two or more contradictory statements of fact or alleged fact upon a material issue, either at the same examination or at two or more examinations, and such contradictory statements have been made before the Court in which
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such judicial proceeding is held or before such Court and before any other Court or Courts, and whether the respective truth or falsehood of the said statements can be ascertained or not, it shall be lawful for the Court to call upon such witness to show cause (immediately or on a subsequent date) why he should not be summarily punished for giving false evidence and, if such witness fails to show such cause, then summarily to sentence such witness as for contempt—
(i)
where the Court is the Federal Court or the High Court, to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred ringgit;
(ii)
where the Court is a Sessions Court, to imprisonment for a term not exceeding two months or to a fine not exceeding three hundred ringgit;
(iii)
where the Court is the Court of a Magistrate of the First
Class, to imprisonment for a term not exceeding one month or to a fine not exceeding one hundred ringgit.
(2)
Whenever any power given by this section is exercised by the High Court, a Sessions Court or Magistrates’ Court, the person sentenced shall have the same right of appeal as if he had been sentenced after a trial held in accordance with the provisions of the law for the time being in force relating to criminal procedure, and the provisions of such law shall, subject to subsection (3) and with such other variations as may be necessary, be complied with in connection with any such appeal.
(3)
Any person sentenced under subsection (1) by the High
Court, a Sessions Court or a Magistrates’ Court shall, immediately after such sentence has been pronounced, be informed of his right of appeal against such sentence.
(4)
Upon notice of appeal being lodged by any person sentenced under this section, the High Court, the Sessions Court or Magistrates’
Court that has ordered such sentence shall stay execution of such sentence, and shall release the person sentenced on terms secured by his personal bond only.
(5)
Instead of exercising the power of summary sentence given by subsection (1) the Court may, if it thinks fit, summarily commit the offender for trial before any court having jurisdiction, and
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shall, in such case, bind over all persons whose evidence it may consider material to appear and give evidence at such trial; and the court of trial shall take cognizance of the offence as if the requirements of paragraph 129(1)(b) and all other requirements of the Criminal Procedure Code [Act 593] had been complied with.
(6)
Nothing in this section contained shall be deemed to deprive any person sentenced under this section of any right to appeal conferred by the law for the time being in force relating to criminal procedure.
(7)
A 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.
Repeal