ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART IV - PROCEEDINGS IN PROSECUTIONS
Chapter XI - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS



Section 107. Court may put question to accused.

(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against, the court may at any stage of a trial, without previously warning the accused put such questions to him as the court considers necessary.

(2) For the purpose of this section the accused shall not be sworn and he shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them, but the court may draw such inference from such refusal or answers as it thinks just.

(3) The answers given by the accused may be taken into consideration in such trial and put in evidence for or against him in any trial for any other offence which such answers may tend to show he has committed.

(4) The examination of the accused shall be for the purpose of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination on whatever suggests itself to the court.

(5) The discretion given by this section for questioning a prisoner shall not be exercised for the purpose of inducing him to make statements criminatory of himself.

(6) It shall only be exercised for the purpose of ascertaining from a prisoner how he may be able to meet facts disclosed in evidence against him so that those facts may not stand against him unexplained.

(7) Questions shall not be put to the prisoner merely to supplement the case for the prosecution when it is defective.

(8) Whenever the accused is examined under this section by the court the whole of such examination including every question put to him and every answer given by him shall be recorded in full, and such record shall be shown or read to him or, if he does not understand the language used shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(9) When the whole evidence has been made comformable to what the accused declares to be the truth the record shall be signed by the presiding Kadi.




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