ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 5 - GENERAL PROVISIONS AS TO TRIALS



Section 105. Court may put questions to accused

(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, 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) 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.

(3) The examination of the accused shall be for the purposes of enabling him to explain any circumstances appearing in evidence against him and shall not be a general examination.

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

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

(6) 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 read to him or, if he does not understand the language used, shall be interpreted to him in a language or gesture which he understands, and he shall be at liberty to explain or add to his answers.

(7) When the whole examination has been made conformable to what the accused declares to be the truth, the record shall be signed by the presiding Judge.




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