Professional Documents
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The Evidence Act
The Evidence Act
Arrangement of Rules.
Rule
1. Citation.
2. Interpretation.
3. Questions by police officers.
4. Caution before questioning.
5. Prisoners to be cautioned.
6. Prisoner not to be cross-examined.
7. Recording of statements.
8. Certain statements to be read over.
9. Procedure prior to administering caution.
10. Form of caution.
11. Procedure in case of prisoners charged with the same offence.
THE EVIDENCE ACT.
1. Citation.
2. Interpretation.
5. Prisoners to be cautioned.
7. Recording of statements.
If a police officer decides that the statement of any person should be taken
down in writing and is likely to be tendered in evidence in any proceedings,
then—
(a) if there is present any police officer literate in the language being
used by that person, the police officer literate in that language
shall write down the statement as nearly as possible in the actual
words used by the person making the statement; or
(b) if there is not present any police officer literate in the language
being used by that person, the statement shall be translated by
some person with a knowledge of the language being used and
shall be written down by the police officer—
(i) in the language into which it is translated; and
(ii) as nearly as possible, and insofar as translation admits, in
the words used by the person making the statement.
(1) Where two or more prisoners are charged with the same offence
and statements are taken separately from those prisoners, a police officer may
read the statement of one prisoner to the other prisoner or prisoners but
nothing shall be said or done to invite a reply.
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