CRIMINAL EVIDENCE ORDINANCE, 1906

CRIMINAL EVIDENCE ORDINANCE, 1906

No. 11 of 1906, repealed by Law Revision Ordi-
nance, 1924.

No. 12 of 1906, incorporated in No. 3 of 1888.

No. 13 of 1906, repealed by No. 8 of 1912.

No. 14 of 1906.

an ordinance to amend the law of evidence in criminal cases.
[12th October, 1906]

1. This Ordinance may be cited as the Criminal Evidence
Ordinance, 1906.

2. Every person charged with an offence, and the wife or
husband as the case may be, of the person so charged, shall
be a competent witness for the defence at every stage of the
proceedings, whether the person so charged is charged solely
or Jointly with any other person: Provided as follows:-

(a) a person so charged shall not be called as a witness in
pursuance of this Ordinance except upon his own application;

(b) the failure of any person charged with an offence or of
the wife or husband, as the case may be, of the person so
charged, to give evidence shall not be made the subject of
any comment by the prosecution;

(c) the wife or husband of the person charged shall not,
save as in this Ordinance mentioned, be called as a witness
in pursuance of this Ordinance except upon the application
of the person so charged;

(d) nothing in this Ordinance shall make a husband com-
pellable to disclose any communication made to him by his
wife during the marriage, or a wife compellable to disclose.
any communication made to her by her husband during the
marriage;
(e) a person charged and being a. witness in pursuance of
this Ordinance may be asked any question in cross-examina-
tion notwithstanding that it would tend to criminate him as
to the offence charged;

As amended by Law Rev. Ord., 1924.





(f) a person charged and called as a witness in pursuance
of this Ordinance shall not be asked, and if asked shall not
fle required to answer, any question tending to show that he
has committed or been convicted of or been charged with
any offence other than that wherewith he is then charged or
is of bad character., unless-

(i) the proof that he has committed or been convicted
of such other offence is admissible evidence to show
that he is guilty of the offence wherewith he is then
charged; or

(ii) he has personally or by his advocate asked
questions of the witnesses for the prosectition with a
view to establish his own good charaeter, or has given
evidence of his good character or the nature or conduct
of the defence is such asto involve imputations on
the character of the prosecutor or the witnesses for
the* prosecution; or
(iii) he has given evidence against any other person
charged with the same offerice

(g) every person called as a witness in pursuance of this
Ordinance shall, unless otherwise ordered by the court, give
his evidence from the witness box or other place from which
the other witnesses give their evidence.

3. Where the only witness to the facts of the case called
by the defence is the person charged, he shall be called as a
witness immediately after the close of the evidence for the
prosecution.

4. In cases where the right of reply depends upon the
question whether evidence has -been called for the defence,
the fact that the person charged has been called as a witness
shall not of itself confer on the prosecution the right of reply.

5.-(1) The wife or husband of a person charged with an
offence under any enactment mentioned in the Schedule may
be called as a witness either for the prosecution or defence
and without the consent of the person charged.

(2) Nothing in this Ordinance shall affect a case where
the wife or husband of a person charged with an offence may
at common law be called as a witness without the consent of
that person.

6. This Ordinance shall apply to all criminal proceedings,
notwithstanding any enactment in force at the commencement
of this Ordinance.
[Originally No. 14 of 1906. Law Rev. Ord., 1924.] Short title. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. Right of reply. 61 & 62 Vict. C. 36, s. 3. Calling of wife or husband in certain cases. 61 & 62 Vict. C. 36, s. 4. Shedule. Application of Ordinance. 61 & 62 Vict. C. 36, s. 6.

[Originally No. 14 of 1906. Law Rev. Ord., 1924.] Short title. Competency of witnesses in criminal cases. 61 & 62 Vict. C. 36, s. 1. Evidence of person charged. 61 & 62 Vict. C. 36, s. 2. Right of reply. 61 & 62 Vict. C. 36, s. 3. Calling of wife or husband in certain cases. 61 & 62 Vict. C. 36, s. 4. Shedule. Application of Ordinance. 61 & 62 Vict. C. 36, s. 6.

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