EVIDENCE ACT 1906 - SECT 11
EVIDENCE ACT 1906 - SECT 11
11 . Court may compel answer to incriminating question
(1) Whenever in any
proceeding any person called as a witness, or required to answer any
interrogatory, declines to answer any question or interrogatory on the ground
that his answer will criminate or tend to criminate him, the judge may, if it
appears to him expedient for the ends of justice that such person should be
compelled to answer such question or interrogatory, tell such person that, if
he answers such question or interrogatory, and other questions or
interrogatories that may be put to him, in a satisfactory manner, he will
grant him the certificate hereinafter mentioned.
(2) Thereupon such
person shall no longer be entitled to refuse to answer any question or
interrogatory on the ground that his answer will criminate or tend to
criminate him; and thereafter if such person shall have given his evidence to
the satisfaction of the judge, the judge shall give such person a certificate
to the effect that he was called as a witness or interrogated in the said
proceeding and that his evidence was required for the ends of justice, and was
given to his satisfaction.
(2a) Where in a
proceeding a person is given a certificate under subsection (2) in respect of
any evidence, a statement made by him, as part of that evidence, in answer to
a question or interrogatory is not admissible in evidence in criminal
proceedings against the person other than on a prosecution for perjury
committed in the proceeding.
(3) In subsections (1)
and (2), judge does not include a justice of the peace when constituting the
Magistrates Court or the Children’s Court, whether sitting alone or with
another justice of the peace.
[Section 11 amended: No. 47 of 1990 s. 4 1 ; No.
15 of 1991 s. 23; No. 59 of 2004 s. 89.]