Jail time for refusing to testify in criminal cases
If the witness fails to appear before the court as per the court's order, he/she can be produced in police custody.
By
Fathmath Ahmed Shareef
Supreme Court on Wednesday issued a set of evidence regulations that allow those who refuse to depose in criminal cases to be fined and jailed.
On June 30 last year, parliament passed the Evidence Bill, which makes it mandatory for the public to testify in court cases and to disclose the information sources in cases directed by the court. President Ibrahim Mohamed Solih ratified the bill on July 18 last year.
Under the act, which has come into effect now:
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Regulations should be made public within three months
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It is mandatory for the Supreme Court to make these regulations
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The court made the rule public on Wednesday
According to the Evidence Regulations passed by the Supreme Court and made public on Wednesday, the court may direct to summon the witnesses as per the schedule set by the court.
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If the witness fails to appear before the prosecution, the court may be requested to summon them
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If the witness fails to appear before the court as per the court's order, they can be produced in police custody; if the witness is absconding to testify, the court may be asked to declare a search through social media
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If the witness refuses to answer the questions raised in the court, the court can order the witness to respond to questions.
According to the regulations, if a person refuses to answer the questions or deposes even after being asked by the court to appear before the court, the court has the discretion to take immediate action against the witness on the ground that it was a violation of the trial procedure.
According to the regulations, if a person has committed an act that violates the trial system and has been summoned to depose in a criminal case, action will be taken against him/her under Section 76 of the Courts Act.
According to the section, any person found guilty of any violation of the judicial system is punishable with fine, house arrest or imprisonment.
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The fine, not exceeding MVR 10,000
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Imprisonment not exceeding 15 days or house arrest for a term which may not extend a month’s time
