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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 23 : Witnesses

184. Witness about to abscond and witness evading service of summons

 

(1) Whenever any person is likely to give material evidence in criminal proceedings, any magistrate, regional magistrate or judge of the court before which the relevant proceedings are pending may, upon information in writing and on oath that such person is about to abscond, issue a warrant for his or her arrest.

[Section 184(1) substituted by section 9 of Act No. 8 of 2017]

 

(2) If a person referred to in subsection (1) is arrested, the magistrate, regional magistrate or judge, as the case may be, may warn him to appear at the proceedings in question at a stated place and at a stated time and on a stated date and release him on any condition referred to in paragraph (a), (b) or (e) of section 62, in which event the provisions of subsections (1), (3) and (4) of section 66 shall mutatis mutandis apply with reference to any such condition.

 

(3)
(a) A person who fails to comply with a warning under subsection (2) shall be guilty of an offence and liable to the punishment contemplated in paragraph (b) of this subsection.
(b) The provisions of section 170(2) shall mutatis mutandis apply with reference to any person who is guilty of an offence under paragraph (a) of this subsection.

 

(4) Whenever any person is likely to give material evidence in criminal proceedings, any magistrate, regional magistrate or judge of the court before which the relevant proceedings are pending may, upon information in writing and on oath that such person is evading service of the relevant subpoena, issue a warrant for his arrest, whereupon the provisions of subsections (2) and (3) shall mutatis mutandis apply with reference to such person.