Section 118

Where in any criminal proceedings against a person for an offence, evidence is given that the accused, on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention any such fact, being a fact which in the circumstances existing at the time he could reasonably have been expected to mention when so charged or informed, as the case may be, the Court -

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in determining whether the accused is guilty of the offence charged, may draw such inferences adverse to the accused from the failure as appear proper, and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence given against the accused in relation to which the failure is material.

In subsection (I), "officially informed" means informed by a police officer or any other person charged with the duty of investigating offences or charging offenders.

Nothing in subsection (1) or (2) shall in any criminal proceedings -

be taken to preclude the drawing of any inference from any such silence or other reaction of the accused which could be drawn apart from those subsections.

Subsections (1) and (2) do not apply as regards a failure to mention a fact if the failure occurred before 1 st January 1985.

Power to record statements and confessions 119.

Any Magistrate may record any statement or confession made to him at any time before the commencement of the inquiry or trial.

Such statement or confession shall be recorded in full in writing by the Magistrate to whom it is made and shall then be forwarded to the Magistrate, if different, before whom the case is to be inquired into or tried.

No Magistrate shall record any such statement or confession unless upon questioning the person making it he has reason to believe that it

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Criminal Procedure Code was made voluntarily; and when he records any confession, he shall make a memorandum at the foot of such record to the following effect -

I believe that this confession was voluntarily made. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true account of what he said.

(Signed) A, B.

Magistrate

The taking and recording of any statement or confession shall not disqualify a Magistrate who has so taken and recorded the statement or confession from inquiring into or trying the case.

No oath or afirmation shall be administered to any person making a statement or confession as in this section provided.

Search by police off~cer 120.

Whenever an officer in charge of a police station or a police oficer making an investigation has reasonable grounds for believing that any evidence or thing necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place and that the evidence or thing cannot in his opinion be otherwise obtained without undue delay, the officer may search or cause search to be made for such evidence or thing in any place.

The officer shall, if practicable, conduct the search in person.

If he is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may require any officer subordinate to him to make the search, and he shall deliver to the subordinate oficer an order in writing specifying the thing for which search is to be made and the place to be searched, and the subordinate oficer may thereupon search for such thing in such place.

The provisions of this Code as to search warrants shall, so far as may be, apply to a search made under this section.

Police officer may require bond for appearance of complainant and witnesses 121.

If upon a police investigation made under this Chapter it appears to the officer making such investigation that there is sufficient

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a evidence or reasonable ground of suspicion to justify the commencement or continuance of criminal proceedings against any person, the officer may require the complainant, if any, and so many of the persons who appear to the officer to be acquainted with the circumstances of the case, as he thinks necessary, to execute a bond to appear before a Court therein named and give evidence in the matter of the charge against the accused.

If any complainant or witness refuses to execute such bond, a the officer shall report the refusal to the Court which may thereupon in its discretion issue a warrant or summons to secure the attendance of the complainant or witness before itself to give evidence in the matter of the charge against the accused.

Surrender of travel documents 121A. (1) A Magistrate may, on the application of a police officer not below the rank of Inspector by written notice, require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under this Code to surrender to a police officer not below the rank of Inspector any travel document in his possession.

A notice under subsection (1) shall be served personally on the person to whom it is addressed.

A person on whom a notice under subsection (1) is served shall comply with such notice forthwith.

If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a Magistrate.

Where a person is taken before a Magistrate under subsection (4), the Magistrate shall, unless such person thereupon complies a with the notice under subsection (1) or satisfies the Magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept until -

A travel document which is surrendered to a police officer not below the rank of Inspector under this section may be detained for 6

months from the date on which it was surrendered and may be detained for a further 3 months if a Magistrate, on application by a police officer not below the rank of Inspector, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises such further detention.

All proceedings before a Magistrate under this section shall be conducted in chambers.

In this section, "travel document" means a passport or other document establishing the identity or nationality of a holder.

Return of travel documents 121B.

When a travel document has been surrendered and retained by a police officer not below the rank of Inspector under section 121A, a person affected by such order may at any time make application in writing, to a Magistrate for its return, and every such application shall contain a statement of the grounds on which it is made.

A Magistrate shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the police officer not below the rank of Inspector.

Before an application is granted under this section, the applicant may be required to -

provide local surety; or

Any such applicant or surety may be required to deposit reasonable sum of cash money with the police officer not below the rank of

Inspector as the Magistrate deems fit, for retention by the police officer not below the rank of Inspector until such time when the travel document is returned to the police oficer not below the rank of Inspector.

Failure of the applicant to return to Brunei Darussalam or to surrender the passport to the police officer not below the rank of Inspector within the specified time will render the deposit held by the police officer not below the rank of Inspector to be forfeited to the Government and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 121A(1) may be arrested and dealt with under section 12 1 A(4) and (5).

An application under this section may be granted subject to the conditions that -

Where a travel document is returned to the applicant under this section subject to a condition imposed under subsection (6), then after the time specified under the subsection, the provisions of section 121A(6)

shall continue to apply in respect of the travel document surrendered by the applicant pursuant to the condition as if no return had been made to the applicant under this section.