On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/08/2012.
Witnesses
120. All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
Explanation—A lunatic is not incompetent to testify unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.
Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial
122.
—(1) In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2) In criminal proceedings against any person, the husband or wife of such person respectively shall be a competent witness.
(3) In any criminal proceedings, the accused shall be competent to give evidence on behalf of himself or any person jointly charged with him, but shall not be compellable to do so.
(4) Where in any criminal proceedings the accused gives evidence, then, subject to this section and section 56, he shall not in cross-examination be asked, and if asked shall not be required to answer, any question tending to reveal to the court —
(a)
the fact that he has committed, or has been charged with or convicted or acquitted of, any offence other than the offence charged; or
(b)
the fact that he is generally or in a particular respect a person of bad disposition or reputation.
(5) Subsection (4) shall not apply to a question tending to reveal to the court a fact about the accused such as is mentioned in paragraph (a) or (b) thereof if evidence of that fact is (by virtue of section 14 or 15 of this Act or of section 265 or 266 of the Criminal Procedure Code 2010 or of any other written law) admissible for the purpose of proving the commission by him of the offence charged.
(6) Where in any criminal proceedings in which 2 or more persons are jointly charged, any of the accused gives evidence, subsection (4) shall not in his case apply to any question tending to reveal to the court a fact about him such as is mentioned in subsection (4)(a) or (b) if evidence of that fact is admissible for the purpose of showing any other of the accused to be not guilty of the offence with which that other is charged.
(7) Subsection (4) shall not apply if —
(a)
the accused has personally or by his advocate asked any witness for the prosecution or for a person jointly charged with him any question concerning the witness’s conduct on any occasion or as to whether the witness has committed, or has been charged with or convicted or acquitted of, any offence; and
(b)
the court is of the opinion that the main purpose of that question was to raise an issue as to the witness’s credibility,
but the court shall not permit a question falling within subsection (4) to be put to the accused by virtue of this subsection unless it is of the opinion that the question is relevant to his credibility as a witness.
(8) Subsection (4) shall not apply where the accused has himself given evidence against any person jointly charged with him in the same proceedings.
123. No Judge and, except upon the special order of the High Court, no Magistrate shall be compelled to answer any question as to his own conduct in court as such Judge or Magistrate or as to anything which came to his knowledge in court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.
Illustration
(a)
A, on his trial before the High Court, says that a deposition was improperly taken by B, the committing Magistrate. B cannot be compelled to answer questions as to this except upon the special order of the High Court.
(b)
A is accused before a District Court of having given false evidence before B, a District Judge. B cannot be compelled to say what A said except upon the special order of the High Court.
(c)
A is accused of attempting to murder a police officer whilst on his trial before B, a Judge of the High Court. B may be examined as to what occurred.
124. No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication unless the person who made it or his representative in interest consents, except in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against the other.
125. No one shall be permitted to produce any unpublished official records relating to affairs of State, or to give any evidence derived therefrom, except with the permission of the officer at the head of the Department concerned, who shall give or withhold such permission as he thinks fit, subject, however, to the control of the Minister.
[7/97]
126.
—(1) No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the disclosure.
(2) No person who is a member, an officer or an employee of, or who is seconded to, any organisation specified in the Schedule to the Official Secrets Act (Cap. 213) shall be compelled to disclose communications made to him in official confidence when he considers that the public interest would suffer by the disclosure.
127.
—(1) No Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence.
(2) No revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue or the excise laws.
Explanation—.“Revenue officer” in this section means any officer employed in or about the business of any branch of the public revenue or in or about the business of any Government farm.
128.
—(1) No advocate or solicitor shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate or solicitor by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment.
(2) Nothing in this section shall protect from disclosure —
(a)
any such communication made in furtherance of any illegal purpose;
(b)
any fact observed by any advocate or solicitor in the course of his employment as such showing that any crime or fraud has been committed since the commencement of his employment.
(3) It is immaterial whether the attention of such advocate or solicitor was or was not directed to such fact by or on behalf of his client.
Explanation—.The obligation stated in this section continues after the employment has ceased.
Illustration
(a)
A, a client, says to B, a solicitor: “I have committed forgery and I wish you to defend me”.
As the defence of a man known to be guilty is not a criminal purpose this communication is protected from disclosure.
(b)
A, a client, says to B, a solicitor: “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”.
This communication being made in furtherance of a criminal purpose is not protected from disclosure.
(c)
A, being charged with embezzlement, retains B, a solicitor, to defend him. In the course of the proceedings B observes that an entry has been made in A’s account-book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.
This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
128A.
—(1) A legal counsel in an entity shall not at any time be permitted, except with the entity’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such legal counsel, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his employment as such legal counsel, or to disclose any legal advice given by him to the entity, or to any officer or employee of the entity, in the course and for the purpose of such employment.
(2) Nothing in subsection (1) shall protect from disclosure —
(a)
any such communication made in furtherance of any illegal purpose;
(b)
any fact observed by any legal counsel in an entity in the course of his employment as such legal counsel showing that any crime or fraud has been committed since the commencement of his employment as such legal counsel;
(c)
any such communication made to the legal counsel which was not made for the purpose of seeking his legal advice; or
(d)
any document which the legal counsel was made acquainted with otherwise than in the course of and for the purpose of seeking his legal advice.
(3) For the purposes of subsection (2)(b), it is immaterial whether the attention of the legal counsel was or was not directed to that fact by or on behalf of the entity.
(4) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), subsection (1) shall apply in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
(5) Where a legal counsel is employed by a public agency and is required as part of his duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (1) shall apply in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second-mentioned public agency or agencies.
(6) For the purposes of subsection (5), “public agency” includes —
(a)
the Government, including any ministry, department, agency, or Organ of State or instrumentality of the Government;
(b)
any board, commission, committee or similar body, whether corporate or unincorporate, established under a public Act for a public function (referred to in this subsection as a statutory body);
(c)
any other board, commission, committee or similar body appointed by the Government, or by a statutory body, for a public purpose.
129. Sections 128 and 128A shall apply to interpreters and other persons who work under the supervision of legal professional advisers.
130.
—(1) If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 128 or 128A.
(2) If any party to a suit or proceeding calls any advocate or solicitor as a witness, that party shall be deemed to have consented to such disclosure as is mentioned in section 128 only if that party questions the advocate or solicitor on matters which but for the question the advocate or solicitor would not be at liberty to disclose.
(3) If any party to a suit or proceeding calls any legal counsel in an entity as a witness, that party shall be deemed to have consented to such disclosure as is mentioned in section 128A only if that party questions the legal counsel on matters which but for the question the legal counsel would not be at liberty to disclose.
131.
—(1) No one shall be compelled to disclose to the court any confidential communication which has taken place between him and his legal professional adviser unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the court necessary to be known in order to explain any evidence which he has given, but no others.
(2) In subsection (1) and section 129, “legal professional adviser” means —
(a)
an advocate or solicitor; or
(b)
in the case of any communication which has taken place between any officer or employee of an entity and a legal counsel employed, or deemed under section 128A(4) or (5) to be employed, by the entity in the course and for the purpose of seeking his legal advice as such legal counsel, that legal counsel.
132.
—(1) No witness who is not a party to the suit shall be compelled to produce his title deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee, or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.
(2) No witness who is a party to the suit shall be bound to produce any document in his possession or power which is not relevant or material to the case of the party requiring its production.
(3) No bank shall be compelled to produce the books of such bank in any legal proceeding to which such bank is not a party, except as provided by section 174.
133. No one shall be compelled to produce documents in his possession which any other person would be entitled to refuse to produce if they were in his possession, except for the purpose of identification, unless such last-mentioned person consents to their production, nor shall anyone who is entitled to refuse to produce a document be compelled to give oral evidence of its contents.
134.
—(1) A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit, or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend, directly or indirectly, to criminate, such witness, or that it will expose, or tend, directly or indirectly, to expose, such witness to a penalty or forfeiture of any kind, or that it will establish or tend to establish that he owes a debt or is otherwise subject to a civil suit at the instance of the Government or of any other person.
(2) No answer which a witness shall be compelled by the court to give shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.
(3) Before compelling a witness to answer a question the answer to which will criminate or may tend, directly or indirectly, to criminate such witness, the court shall explain to the witness the purport of subsection (2).
(4) Where the accused gives evidence in any criminal proceedings —
(a)
he shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by him of the offence charged; and
(b)
except as regards any question, document or thing which in the opinion of the court is relevant solely or mainly to the accused’s credibility as a witness (not being, in the case of a question, one asked by virtue of section 56), he shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would —
(i)
tend to expose him to proceedings for some other offence or for the recovery of a penalty; or
(ii)
tend to expose his wife or husband to proceedings for an offence or for the recovery of a penalty.
(5) Where a person being the wife or husband of the accused gives evidence in any criminal proceedings, that person —
(a)
shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by the accused of the offence charged; and
(b)
except as regards any question, document or thing which in the opinion of the court is relevant solely or mainly to that person’s credibility as a witness, shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to expose her or him to proceedings as mentioned in subsection (4)(b)(i).
(6) No answer which an accused or his spouse shall be compelled to give under subsection (4)(b) or under subsection (5)(b) shall —
(a)
expose the accused to any proceedings for some other offence or for the recovery of a penalty or be proved against him in any such proceedings; or
(b)
expose the spouse to any proceedings for an offence or for the recovery of a penalty or be proved against the spouse in any such proceedings.
(7) Any reference in this section to proceedings for the recovery of a penalty includes a reference to civil proceedings therefor.