54
Evidence
Cap 80
[2009]
(a) to test his accuracy, veracity or credibility;
(b) to discover who he is and what is his position in life;
(c) to shake his credit, by injuring his character, although the
answer to such questions might tend directly or indirectly to
incriminate him or might expose or tend directly or indirectly
to expose him to a penalty or forfeiture.
Compulsion to
answer questions as
to credit.
Cross- examination
of accused person.
Discretion of court
to compel witness to
answer question as to
credit.
155. If any question asked under section 154 (c) for the purpose
of affecting the credit of the witness relates to a matter relevant to the
suit or proceeding, the provisions of section 128 shall apply thereto.
156. A person charged with an offence and called as a witness
for the defence may be asked any question in cross-examination
notwithstanding that the answer may tend to incriminate him as to the
offence charged.
157. (1) If any question asked relates to a matter not relevant
to the suit or proceeding except in so far as it affects the credit of the
witness by injuring his character, the court shall decide whether or not
the witness shall be compelled to answer it, and may, if it does not so
compel him, warn the witness that he is not obliged to answer.
(2) In exercising its discretion under this section, the court shall
have regard to the following considerations (a) such questions are proper if they are of such a nature that the
truth of the imputation conveyed by them would seriously
affect the opinion of the court as to the credibility of the
witness on the matter to which he testifies;
(b) such questions are improper if the imputation which they
convey relates to matters so remote in time, or of such a
character, that the truth of the imputation would not affect,
or would affect in a slight degree, the opinion of the court
as to the credibility of the witness on the matter to which
he testifies;
(c) such questions are improper if there is a great disproportion
between the importance of the imputation made against the
witness’s character and the importance of his evidence.
(3) The court may, if it sees fit, draw from the witness’s refusal to
answer, the inference that the answer, if given, would be unfavourable
to the witness.
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