Criminal Procedure Code · s 117E

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117E.
Failure to account for presence
(1) Where-
(a) a person arrested by a police officer was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed;
@)
that or another police officer investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to the latter's participation in the commission of the offence;
(c) the police officer informs the person that he so believes, and requests him to account for his presence; and
(d) the person fails or refuses to do so, then if, in any proceedings against the person for the offence, 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) 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 a failed or refused to comply with the request.
(4) This section applies in relation to officers of customs as it applies in relation to police officers.
(5) This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.

Criminal Procedure Code
(6) This section does not apply in relation to a failure or refusal which occurred before the commencement of this section.

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s 117EFailure to account for presence

(1)

Where-

(a)

a person arrested by a police officer was found by him at a place at or about the time the offence for which he was arrested is alleged to have been committed;

that or another police officer investigating the offence reasonably believes that the presence of the person at that place and at that time may be attributable to the latter's participation in the commission of the offence;

(c)

the police officer informs the person that he so believes, and requests him to account for his presence; and

(d)

the person fails or refuses to do so, then if, in any proceedings against the person for the offence, 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) 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 a failed or refused to comply with the request.

(4)

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

(5)

This section does not preclude the drawing of any inference from a failure or refusal of the accused to account for his presence at a place which could properly be drawn apart from this section.

Criminal Procedure Code

(6)

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