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Maintenance Act, 1998 (Act No. 99 of 1998)

Chapter 6 : Offences and Penalties

32. Offences relating to examination of persons by maintenance officer

 

(1) The provisions of sections 164(2), 188 and 189 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, with the necessary changes, apply in respect of a person required to appear before a magistrate under section 8, and the magistrate may, subject to subsection (2), exercise in respect of that person all the powers conferred by section 170(2) of the said Act and the said section 189 on the court referred to in those sections.

 

(2) A person who is required to appear before a magistrate and who refuses or fails to furnish the information in question shall not be sentenced to imprisonment as contemplated in section 189 of the Criminal Procedure Act, 1977, unless the magistrate is also of the opinion that the furnishing of such information is necessary for the administration of justice.

 

 


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