Official Secrets
23
Admission of statements in evidence
21. (1) Where any person is charged with any offence against this
Act any statement, whether such statement amounts to a confession
or not or is oral or in writing, made at any time, whether before
or after such person is charged and whether in the course of a
police investigation or not and whether or not wholly or partly in
answer to questions, by such person to or in the hearing of any
police officer of or above the rank of Inspector and whether or not
interpreted to him by any other police officer or any other person
concerned, or not, in the arrest, shall notwithstanding anything to
the contrary contained in any written law, be admissible at his trial
in evidence and, if such person tenders himself as a witness, any
such statement may be used in cross-examination and for the
purpose of impeaching his credit.
(2) No such statement shall be admissible or used—
(a) if the making of the statement appears to the court to
have been caused by any inducement, threat or promise
having reference to the charge against such person,
proceeding from a person in authority and sufficient in
the opinion of the court to give such person grounds
which would appear to him reasonable for supposing that
by making it he would gain any advantage or avoid any
evil of a temporal nature in reference to the proceeding
against him; or
(b) in the case of a statement made by such person after his
arrest, unless the court is satisfied that a caution was
administered to him in the following words or words to
the like effect:
“It is my duty to warn you that you are not obliged to
say anything or to answer any question, but anything you
say, whether in answer to a question or not, may be given
in evidence.”.
(3) Any statement made by any person before there is time to
caution him shall not be rendered inadmissible in evidence merely
by reason of no such caution having been given if it has been given
as soon as possible.
(4) Notwithstanding anything to the contrary contained in any
written law a person accused of an offence to which subsection
(1) applies shall not be bound to answer any questions relating to
such case after such caution has been administered to him.
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