Evidence Act · 2014 Revised Edition · Chapter IX
120. Parties to civil suits, their wives and husbands
Official textFrom Attorney General's Chambers, unchanged
In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
In criminal proceedings against any person, the husband or wife of such person respectively shall be a competent witness.
Evidence 84
evidence
“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
In criminal proceedings, the accused shall be a competent witness in his own behalf, and may give evidence in the same manner and with the like effect and consequences as any other witness:
Provided that, so far as the cross-examination relates to the credit of the accused, the court may limit the cross-examination to such extent as it thinks proper, although the proposed cross-examination might be permissible in the case of any other witness.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Where in any criminal proceedings the accused gives evidence, then, subject to this section and section 54, 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 —
the fact that he has committed, or has been charged with or convicted or acquitted of, any offence other than the offence charged; or
the fact that he is generally or in a particular respect a person of bad disposition or reputation.
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)
fact
“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
thereof if evidence of that fact is (by virtue of section 14 or 15 or of any other written law) admissible for the purpose of proving the commission by him of the offence charged.
Where in any criminal proceedings in which two 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 paragraph (a) or (b) thereof 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.
Subsection (4) shall not apply if —
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
Evidence
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.
Subsection (4) shall not apply where the accused has himself given evidence against any person jointly charged with him in the same proceedings.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;