Section 120
of Evidence Act
Section 120
(1)
In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2)
In criminal proceedings against any person, the husband or wife of such person respectively shall be a competent witness.
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(3)
In criminal proceedings, the accused shall be a competent witness in his own behalf, and may give evidence in the same manner and with the like effect and consequences as any other witness:
Provided that, so far as the cross-examination relates to the credit of the accused, the court may limit the cross-examination to such extent as it thinks proper, although the proposed cross-examination might be permissible in the case of any other witness.
(4)
Where in any criminal proceedings the accused gives evidence, then, subject to this section and section 54, he shall not in cross-examination be asked, and if asked shall not be required to answer, any question tending to reveal to the court —
(a)
the fact that he has committed, or has been charged with or convicted or acquitted of, any offence other than the offence charged; or
(b)
the fact that he is generally or in a particular respect a person of bad disposition or reputation.
(5)
Subsection (4) shall 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 or of any other written law) admissible for the purpose of proving the commission by him of the offence charged.
(6)
Where in any criminal proceedings in which two or more persons are jointly charged, any of the accused gives evidence, subsection (4) shall not in his case apply to any question tending to reveal to the court a fact about him such as is mentioned in paragraph (a) or (b) thereof 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.
(7)
Subsection (4) shall not apply if —
(a)
the accused has personally or by his advocate asked any witness for the prosecution or for a person jointly charged with him 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
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B.L.R.O. 4/2014 85
(b)
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 shall not 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 credibility as a witness.
(8)
Subsection (4) shall not apply where the accused has himself given evidence against any person jointly charged with him in the same proceedings.
Judges and Magistrates.