Evidence Act · 2014 Revised Edition · Chapter IX
132. Witness not excused from answering on ground that answer will criminate
Official textFrom Attorney General's Chambers, unchanged
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 proceedings, upon the ground that —
the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness;
it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind; or
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.
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 proceedings, except a prosecution for giving false evidence by such answer.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
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).
Where the accused gives evidence in any criminal proceedings —
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.
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
Evidence 90
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 54), 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 expose him to proceedings for some other offence or for the recovery of a penalty; or
tend to expose his wife or husband to proceedings for an offence or for the recovery of a penalty.
Where a person being the wife or husband of the accused gives evidence in any criminal proceedings, that person —
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
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).
No answer which an accused or his spouse shall be compelled to give under subsection (4)(b) or under subsection (5)(b) shall —
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
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.
Any reference in this section to proceedings for the recovery of a penalty includes a reference to civil proceedings therefor.
Evidence
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;
document
Defined · s 3“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of — (a) letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever; (b) any visual recording (whether of still or moving images); (c) any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever; (d) a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter; Illustrations A writing is a document. Words printed, lithographed or photographed are documents. A map, plan, graph or sketch is a document. An inscription on wood, metal, stone or any other substance, material or thing is a document. A photograph or a negative is a document. A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document. A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document. A matter recorded, stored, processed, retrieved or produced by a computer is a document.
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.