Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 445

Summary trial of witness on alternative charges for giving false evidence

448.
(1) If in the course of any trial before the High Court any witness shall on any material point contradict either expressly or by necessary implication the evidence previously given by him at the inquiry before the Magistrate, it shall be lawful for the presiding Judge, upon the conclusion of such trial, to have such witness arraigned and tried on an indictment for intentionally giving false evidence in a stage of a judicial proceeding. The indictment shall be prepared and signed by the Registrar, and the accused may be tried by the same jury where the first-mentioned trial was by jury or by the Judge sitting alone where the first-mentioned trial was without a jury.
(2) At such trial it shall be sufficient to prove that the accused made the contradictory statements alleged in the indictment, and it shall not be necessary to prove which of such statements is false.
(3) The presiding Judge may, if he considers expedient, adjourn the trial of such witness for such period as he may think fit, and may commit such witness to custody or take bail in his own recognizance or with sureties for his appearance. Such adjourned trial shall where the trial was by jury, be held before the same or any other jury as the Judge shall direct.


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