Notice of alibi

(1) On a trial on indictment, the accused shall not without the leave of the court raise the defence of alibi or adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi. (2) Without prejudice to the foregoing sub-section, on any such trial the accused shall not without the leave of the court call any other person to give such evidence unless– (a) the notice under that sub-section includes the name and address of the witness or, if the name or address is not known to the accused at the time he gives the notice, any information in his possession which might be of material assistance in finding the (b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained; (c) if the name or the address is not included in that notice, but the accused subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and (d) if the accused is notified by or on behalf of the prosecution that the witness has not been traced by the name or at the address given he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it. (3) The court shall not refuse leave under this section if it appears to the court that the accused was not warned by the examining magistrate in accordance with section 44 of the requirements of alibi. (4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi. (5) Any notice purporting to be given under this section on behalf of the accused by his counsel shall, unless the contrary is proved, be deemed to be given with the authority of the accused. (6) A notice under sub-section (1) shall either be given in court, during, or at the end of, the proceedings before the examining magistrate or be given in writing to the counsel for the prosecution, and a notice under sub-section (2)(c) or (d) shall be given in writing to that counsel. (7) A notice required by this section to be given to counsel for the prosecution may be given by delivering it to him, or by leaving it at his office, or by sending it by registered post to him at his office. (8) In this section“evidence is support of an alibi” means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission; “the prescribed period” means the period of seven days from the end of the proceedings before the examining magistrate. 84 (9) In computing the said period, Saturdays, Sundays and public and bank holidays shall be disregarded. Division 4 chargedverdict