Section 193

gives false evidence in any stage of a judicial proceeding;

or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term not exceeding 7 years and fine; and

gives or fabricates false evidence in any other case, shall be punished with imprisonment for a term not exceeding 3 years and fine.

Explanation I -

A trial before Court-martial is a judicial proceeding.

Explanation 2 - An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

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Illustration

A, in an inquiry before a Magistrate for the purpose of ascertaining whether Zought to be committed for trial, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Explcrnation 3 - An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

A, in an inquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this inquiry is a stage of a judicial proceeding, A has given false evidence.

Giving or fabricating false evidence with intent to procure conviction of capital offence 194.

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by this Code shall be punished with imprisonment for a term not exceeding 15 years and fine.

If an innocent person is convicted in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.

Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment 195.

Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by this Code is not capital, but punishable with imprisonment for a term of 7 years or more, shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of gang-robbery. The punishment of gang-robbery is imprisonment for a term not exceeding 15 years, with or without fine. A, therefore, is liable to such imprisonment, with or without fine.

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Using evidence known to be false 196.

Whoever corruptly uses, or attempts to use. as true or genuine euidence, any evidencewhich he knows bk_false or fabricat&&l be punished in the same manner as if he gave or fabricated false evidence.

Issuing or signing false certificate 197.

Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence. knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Using as true, certificate known to be false 198.

Whoever corruptly uses, or attempts to use, any such certificate as a true certificate knowing the same to be false in any material point shall be punished in the same manner as if he gave false evidence.

False statement made in declaration which is by law receivable as evidence 199.

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Using as true such declaration, knowing it to be false 200.

Whoever corruptly uses, or attempts to use, as true, any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation - A declaration which is inadmissible merely upon the ground of some informality is a declaration within the meaning of sections 199 and 200.

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Causing disappearance of evidence of offence or giving false information to screen offender 201.

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information in respect of the offence which he knows or believes to be false, shall -

if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment for a term not exceeding 7 years and fine;

if the offence is punishable with imprisonment not exceeding 10 years or over, shall be punished with imprisonment for a term not exceeding 3 years and fine; and

if the offence is punishable with imprisonment for any term not exceeding 10 years, shall be punished with imprisonment of the description provided for the offence, for a term not exceeding one-fourth part of the longest term of the imprisonment provided for the offence, fine or both.

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment for 7 years and fine.

Intentional omission to give information of offence by person bound to inform 202.

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information in respect of that offence which he is legally bound to give, shall be punished with imprisonment for a term not exceeding 6 months, fine or both.

Giving false information respecting an offence committed 203.

Whoever, knowing or having reason to believe that an offence has been committed, gives any information in respect of that offence which he knows or believes to be false, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

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Explanation -

In sections 201 and 202 and in this section, "offence"

includes any act committed at any place outside Brunei Darussalam which, if committed in Brunei Darussalam, would be punishable under section 302.

304, 382;TT%? 393, 394. 395, 396, 3V, 398,399,402, 435,436.TTpF50,

457,459 or 460.

Destruction of document to prevent its production as evidence 204.

Whoever -

secretes or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice or in any proceeding lawfully held before a public servant as such; or

obliterates or renders illegible the whole or any part of such document with the intention of preventing the document from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the document for that purpose, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

False personation for purpose of act or proceeding in suit or prosecution 205.

Whoever falsely personates another, and, in such assumed character, makes any admission or statement, or confesses judgment, or causes any process to be issued, or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment for a term not exceeding 3 years, fine or both.

Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution a 206.

Whoever fraudulently removes, conceals, transfers or delivers to any person, any property or any interest therein, intending thereby to prevent that property or interest from being taken -

as a forfeiture, or in satisfaction of a fine, under a sentence which has been pronounced or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority; or

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in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment for a term not exceeding 2 years. fine or both.

Fraudulent claim to property to prevent its seizure as forfeited or in execution 207.

Whoever -

fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest; or

practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken -

as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of

Justice or other competent authority; or

to be passed against him at the suit of any person for a sum not due, or for a larger sum than is due to such person, or for any property or interest in property to which such person is not entitled;

or

to be executed against him after it has been satisfied or for anything in respect of which it has been satisfied,

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shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B. either on his own account or for the benefit of

Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.

Dishonestly making false claim in Court 209.

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment for a term not exceeding 2 years and fine.

Fraudulently obtaining decree for sum not due 2 10.

Whoever fraudulently -

obtains a decree or order against any person for a sum not due, or for a larger sum than is due, or for any property or interest in property to which he is not entitled;

causes a decree or order to be executed against any person after it has been satisfied, or for anything in respect of which it has been satisfied; or

suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term not exceeding 2 years, fine or both.

False charge of offence made with intent to injure 211.

Whoever with intent to cause injury to any person -

institutes, or causes to be instituted, any criminal proceeding against that person; or

falsely charges any person with having committed an offence.

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If such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for 7 years or more, he shall be punished with imprisonment for a term not exceeding 7 years and fine.

Harbouring offender 212.

Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender with the intention of screening him from legal punishment, shall -

In this section, "offence" includes any act committed at any place outside of Brunei Darussalam, which, if committed in Brunei

Darussalam, would be punishable under section 302, 304, 382, 392, 393,

394,395,396,397,398,399,402,435,436,449,450,457,458,459 or 460;

and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Brunei

Darussalam.

Taking gift etc. to screen offender from punishment 213.

Whoever accepts or attempts to obtain, or agrees to accept -