Evidence Act 1893 · 2020 Revised Edition · Part 3 · Production and Effect of Evidence
122. Parties to civil suit and their wives or husbands, and husband or wife of person under criminal trial
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In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, are competent witnesses.
In criminal proceedings against any person, the husband or wife of such person respectively is a competent witness.
In any criminal proceedings, the accused is competent to give evidence on behalf of himself or herself or any person jointly charged with him or her, but is not compellable to do so.
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; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;
Where in any criminal proceedings the accused gives evidence, then, subject to this section and section 56, the accused must not in cross‑examination be asked, and if asked is not required to answer, any question tending to reveal to the court —
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
the fact that the accused has committed, or has been charged with or convicted or acquitted of, any offence other than the offence charged; or
the fact that the accused is generally or in a particular respect a person of bad disposition or reputation.
Subsection (4) does 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) thereof if evidence of that fact is (by virtue of section 14 or 15 of this Act or of section 265 or 266 of the Criminal Procedure Code 2010 or of any other written law) admissible for the purpose of proving the commission by him or her of the offence charged.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(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.
Where in any criminal proceedings in which 2 or more persons are jointly charged, any of the accused gives evidence, subsection (4) does not in his or her case apply to any question tending to reveal to the court a fact about him or her such as is mentioned in subsection (4)(a) or (b) 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) does not apply if —
the accused has personally or by his or her advocate asked any witness for the prosecution or for a person jointly charged with him or her 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
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 is not to 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 or her credibility as a witness.
Subsection (4) does not apply where the accused has himself or herself given evidence against any person jointly charged with him or her in the same proceedings.