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Section 46A

Protection of informer

of Rubber Industry Board Enactment 1981

State EnactmentIn forceProvision 66 of 74
Section 46A

(1)

Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Enactment shall be obliged or permitted to disclose the identity of any informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery.

(2)

If any book, record, document or paper which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from the view or to be obliterated in so far as may be necessary to protect the informer from discovery.

(3)

If in a trial for any offence under this Enactment, the court after full enquiry into the case is in the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties in the proceedings without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

(4)

Any person who gives the information referred to in this section knowing that the information is false, shall be guilty of an offence.

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