Clause 16

In any criminal proceedings except an inquiry preliminary to committal for trial, the accused shall not be entitled to make a statement without being sworn or affirmed, and accordingly, if he gives evidence, he shall do so on oath or affirmation and be liable to cross-examination; but this subsection shall not affect the right of the accused, if not represented by an advocate, to address the court otherwise than on oath or affirmation on any matter on which, if he were so represented, the advocate could address the court on his behalf.(2) If the accused —

after being called upon by the court to give evidence or after he or the advocate representing him has informed the court that he will give evidence, refuses to be sworn or affirmed; or

having been sworn or affirmed, without good cause refuses to answer any question,the court, in determining whether the accused is guilty of the offence charged, may draw such inferences from the refusal as appear proper.(3) Nothing in this section shall be taken to render the accused compellable to give evidence on his own behalf, and he shall accordingly not be guilty of contempt of court by reason of a refusal to be sworn or affirmed in the circumstances described in paragraph (a) of subsection (2).(4) For the purposes of this section a person who, having been sworn or affirmed, refuses to answer any question shall be taken to do so without good cause unless —

he is entitled to refuse to answer the question by virtue of subsection (4) of section 120 of the Evidence Act (Cap. 5) or of any other written law or on the ground of privilege; or

the court in the exercise of its discretion excuses him from answering it.”.