118. Circumstances in which inferences may be drawn from accused's failure to mention particular facts when charged etc.

Where in any criminal proceedings against a person for an offence, evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the Court -

in determining whether the accused is guilty of the offence charged, may draw such inferences adverse to the accused from the failure as appear proper, and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

In subsection (I), "officially informed" means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.

Nothing in subsection (1) or (2) shall in any criminal proceedings -

be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.

Subsections (1) and (2) do not apply as regards a failure to mention a fact if the failure occurred before 1 st January 1985.