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Section 20: Power of Commission to try certain offences summarily

The Kerala Public Men (Prevention of Corruption) Act, 1983State Act of Kerala · Act 6 of 1984

(1) If, at any stage of a proceeding before the Commission, it appears to them that any person appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, the Commission may, if satisfied that it is necessary and expedient in the interests of justice that the person should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily, so far as may be in accordance with the procedure prescribed for summary trials under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), and sentence him to imprisonment for a term which shall not be less than three months but which may extend to one year, and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.

(2) In every case tried under this section, the Commission shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence.

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(3) Any person convicted on a trial held under this section may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, so far as may be, apply to appeals under this section and the High Court may alter or reverse the finding or reduce or reverse the sentence appealed against.

(4) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(5) Words and expressions used in this section and not defined in this Act shall have the same meaning as in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983
Section20
Marginal notePower of Commission to try certain offences summarily
JurisdictionState of Kerala
StatusIn force as published by the source

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