Section 5: Information given by aggrieved party
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Information given by aggrieved party
(1) Where an aggrieved party or his representative intends to institute a
prosecution, he shall produce before a Judge an information duly prepared,
together with a certificate endorsed on it, under the hand of the Director of
Public Prosecutions, specifying that he has seen such information and
declines to prosecute at the expense of the State the party charged for the
offence named in the information.
(2) Where the information and certificate under subsection (1) are exhibited, the Judge shall, if he thinks fit, bind over the aggrieved party or his
representative in his personal recognisance of 1,000 rupees together with 2
sureties of 500 rupees each, duly and without delay to prosecute the information to its conclusion, if permitted so to do, and to obey all orders or
judgments that the Court or a Judge, may make in the matter.
(3) (a) The Judge shall then consider the case, and make such order as
he thinks just, and may grant or refuse to the aggrieved party or his representative the process of the Court.
(b) No process shall issue on the case without the permission of the
Judge.
(4) The certificate under subsection (1) shall be given by the Director of
Public Prosecutions within one week from the exhibition to him of the proposed information.
[S. 5 amended by Act 48 of 1991.]
C59 – 5 [Issue 4]
Criminal Procedure Act