CRIMINAL EVIDENCE ORDINANCE, 1906

CRIMINAL EVIDENCE ORDINANCE, 1906

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

No. 13 of 1906, repealed by No. 8 of 1912 s. 87.

No. 14 of 1906.
To aviend the law of Evidence in Criniinal Cases.

1. The Criminal Evidence Ordinance, 1906.

[12th October, 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 pro-
ceedings, 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 .1

(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 compellable
to disclose any communication made to him by his wife during the
marriage, or a wife com-pellable to disclose any communication
made to her by her husband during the marriage;
0
(e) a person charged and being a. witness in pursuance of this
Ordinance may be asked any question in cross-examination not-
withstanding'that it would tend to criminate hiin as to the offence
charged;

(f) a person charged and called as a witness in pursuance of this
Ordinance shall not be asked, and if asked shall not be 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 lie is gnilty of the
offence wherewith he is then charged ; or

(ii) he has personally or by his advocate asked questions of the
witnesses for the prosecution with a, view to establish his own good
character, or has given evidence of his good character or the nature
or conduct of the defence is such as to involve imputations on the
character of the prosecutor or the witnesses for the prosecution ; or

(iii) be has given evidence against any other person charged with
the same offence ;

(g) every person called as a witness in pursuance of this Ordi-
ria.nce shall, unless otherwise ordered by the Court, his evi-
dence from the witness box or other place which the other
witnesses give their evidence.
i C>

3. Where the only witness to the facts of the case ealle(l bY the
defence is the person charged, lie shall 1)e 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.-M The wife or husband of a person charged with an offence
tinder any enactment mentioned in the schedule inay be called as
a witness either for the prosecution or defence arid 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 criniinal proceedings, not-
withstanding any enactment in force at the con-iniencement A this
Ordinance.

* As 8nLCUded by No. 50 of 1911.

SCHEDULE.
EuactLiielits refeered to in s. 5 (1).

No. of Ordinance Short Title.

No. 4 of 18
No. 10 of 1905.

No. 5 of 1906.

Enactmenth referred to.

The Protection of Women and Girls The whole Ordinance.
Ordinance, 1897.
The Married Women (Desertion) 1 Do.
Ordinance, 1905.
The Married Women's PropertySee. 1 C and see. 2 1.
Ordinance, 1906.
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. [ib. s. 3.] Calling of wife or husband in certain cases. [ib. s. 4.] Application of Ordinance. [ib. s. 6.]

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. [ib. s. 3.] Calling of wife or husband in certain cases. [ib. s. 4.] Application of Ordinance. [ib. s. 6.]

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