Criminal Procedure Code · s 117D

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117D.
Failure to account for objects, substances or marks
(1) Where a person is arrested by a police officer and -
(a)
(i) there is on his person;
(ii) in or on his clothing or footwear;
(iii) otherwise in his possession; or
(iv) in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object;

Criminal Procedure Code
(b) that or another police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the police officer;
(c) the police officer informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and
(d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) applies.
(2) Where this subsection applies, the Court -
(a) in determining whether there is a case to answer; and
(b) in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.
(3) Subsections ( 1 )  and (2) apply to the condition of clothing or footwear as they apply to a substance or mark thereon.
(4) Subsections ( 1 )  and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (l)(c) what the effect of this section would be if he failed or refused to comply with the request.
(5) This section applies in relation to officers of customs as it applies in relation to police officers.
(6) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.
(7) This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.

Criminal Procedure Code
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s 117DFailure to account for objects, substances or marks

(1)

Where a person is arrested by a police officer and -

(a)

(i)

there is on his person;

(ii)

in or on his clothing or footwear;

(iii)

otherwise in his possession; or

(iv)

in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object;

Criminal Procedure Code

(b)

that or another police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the police officer;

(c)

the police officer informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and

(d)

the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) applies.

(2)

Where this subsection applies, the Court -

(a)

in determining whether there is a case to answer; and

(b)

in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.

(3)

Subsections ( 1 ) and (2) apply to the condition of clothing or footwear as they apply to a substance or mark thereon.

(4)

Subsections ( 1 ) and (2) do not apply unless the accused was told in ordinary language by the police officer when making the request mentioned in subsection (l)(c) what the effect of this section would be if he failed or refused to comply with the request.

(5)

This section applies in relation to officers of customs as it applies in relation to police officers.

(6)

This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for the presence of an object, substance or mark or from the condition of clothing or footwear which could properly be drawn apart from this section.

(7)

This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.