Law: Criminal Procedure Code of Ceylon

Section: 440(1)

Law: Criminal Procedure Code (V of 1898)

Section: 476

Criminal Procedure Code (Ceylon),   S. 440 (1)-Court's power to punish witness appearing before it for perjury-[Criminal Pro cedure Code (V of 1898), S. 476].   From its nature the power under section 440 (1), Criminal Procedure Code (Ceylon) is one which should only be used when the Judge is clear beyond doubt that the witness has given false evidence as defined. Subject to that over-riding principle, the true interpretation of the scope of section 440 appears to be this. The Legislature has left the Courts quite free as a matter of law to deal under that section with any form of `false evidence within the meaning of section 188 of the Penal Code, and if the Courts attempt to fetter that discretion by rigid general rules as to the class of cases in which it may or may not be exercised, the Courts shall be acting rather in a legislative than in a judicial capacity, and running the risk of paralysing the operation of a statutory power, the maintenance of which in full working order is essential to the administration of justice. But there is ancient and sound authority for the proposition that `all things that are lawful are not expedient, and the Courts have every right to consider themselves, in the exercise of their original jurisdiction, and in the exercise of their appellate jurisdiction entitled to enquire whether this statutory power can be safely exercised in any particular case that comes before them.   Subramaniam v. The Queen (1956) 1 W L R 456 dist.   Banda v. Sada 17 N L R 510, 512 foil.   Chang Hang Kiu v. Sir Francis T. Piggot 1909 A C 312; In re Pollard 1868 L R 2 P C 106; Andris v. Juanis 2 N L R 74; and Dassanayaka v. Horana 47 N L R 47 ref.   Dates of hearing: 22nd and 23rd April 1958.  JUDGMENT   LORD SOMERVELL OF HARROW.-This is an appeal by special leave from an Order of a Commissioner of Assize of the Supreme Court of Ceylon sentencing the appellant to three months' rigorous imprisonment for having given false evidence during the course of a criminal trial. The Order was made under the powers conferred by Section 440 (1) of the Criminal Procedure Code. That section reads as follows:  …