Clause 175

Save as in this section provided, no statement made by any person to an investigating officer in the course of an investigation shall be used as evidence at his trial.

When any witness, other than the accused, is called for the prosecution or for the defence the subordinate military court shall, on the request of the accused or the prosecutor, refer to any statement made by such witness to an investigating officer, and such statement may be used in the manner provided by the Evidence Act (Cap. 5).

When a person is charged with an offence in relation to the making or contents of any statement made by him to an investigating officer in the course of an investigation, such statement may be used in or as evidence.

Where a person is charged with an offence any statement, whether such statement amounts to a confession or not or is oral or in writing, made at any time, whether in the course of an investigation or not, by such person to or in the hearing of an investigating officer shall be admissible in evidence at his trial and, if such person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

A subordinate military court shall refuse to admit such statement or allow it to be used as aforesaid if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opinion of the court, to give such person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.

A subordinate military court may refuse to admit such statement or allow it to be used as aforesaid where it appears to the court that the statement was not made and recorded substantially in compliance with regulations.