OATHS AND AFFIRMATIONS ACT 1949

This Act shall apply only in *Peninsular Malaysia.

Interpretation

witnesses, that is to say, all persons who may be lawfully examined, or give or be required to give evidence, by or before any court or person having, as mentioned in section 4, authority to examine such person or to receive evidence;

interpreters of questions put to and of evidence given by witnesses;

translators; and

jurors.

Nothing herein contained shall render it necessary to administer to the official interpreter of any court, or to a certified interpreter in the employment of the Government of Malaysia or of any State

Government when he is engaged in the performance of his duties, after such official or certified interpreter has entered on the duties of his office, an oath that he will faithfully discharge those duties.

Where oath required affirmation may be made

If such party or witness agrees to make such oath or affirmation, the court may administer it, or, if more convenient, may authorize any person to administer it and to take the evidence of the person to be sworn or affirmed, and return it to the court.

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The evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter stated.

If the party or witness refuses to make such oath or affirmation, he shall not be compelled to make it, nor be asked his reason for refusal, but the court shall record, as part of the proceedings, the nature of the oath or affirmation proposed, the fact that he was asked whether he would make it and that he refused it, together with any reason which he may voluntarily assign for his refusal.

Proceedings and evidence not to be invalidated by omission of oath or irregularity

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

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—

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;

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.

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.

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.

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.

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.

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