On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/08/2012.
Summoning and privilege of witnesses at subordinate military courts and misconduct of civilians thereat
113.
—(1) Every person required to give evidence before a subordinate military court may be summoned or ordered to attend in the prescribed manner.
(2) Every person attending in pursuance of such summons or order as a witness before any subordinate military court shall, during his necessary attendance at such court, and in going to and returning from the court, have the same privilege from arrest as he would have if he were a witness before a civil court.
(3) Where any person who is not subject to military law —
(a)
on being duly summoned as a witness before a subordinate military court and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or
(b)
being in attendance as a witness —
(i)
refuses to take an oath legally required by a subordinate military court to be taken;
(ii)
refuses to produce any document in his power or control legally required by a subordinate military court to be produced by him; or
(iii)
refuses to answer any question to which a subordinate military court may legally require an answer,
the president of the subordinate military court may certify the offence of that person under his hand to a Magistrate’s Court.
(4) The Magistrate’s Court may thereupon inquire into such alleged offence, and after examining any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish that person in the like manner as if he had committed such offence in a proceeding in that Court.
(5) Where a person not subject to military law when examined on oath or on affirmation before a subordinate military court wilfully gives false evidence, he shall be liable on conviction before a competent court to be punished for the offence of giving false evidence in a judicial proceeding.
(6) Where a person not subject to military law is guilty of any contempt towards a subordinate military court, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members of or witnesses before such court, or to bring such court into disrepute, the president of the subordinate military court may certify the offence of such person under his hand to a Magistrate’s Court.
(7) The Magistrate’s Court may thereupon inquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, if it seems just, punish or take steps for the punishment of such person in the like manner as if he had been guilty of contempt of that Court.