§ 259 — Witness’s statement inadmissible except in certain circumstances

259.—(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —(a)

is admitted under section 147 of the Evidence Act 1893;

(b)

is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893;

(c)

is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 1893 or any other written law;

(d)

is made in the course of an identification parade; or

(e)

falls within section 32(1)(a) of the Evidence Act 1893.

(2) Where any person is charged with any offence in relation to the making or contents of any statement made by the person to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution.

—(1) Any statement made by a person other than the accused in the course of any investigation by any law enforcement agency is inadmissible in evidence, except where the statement —(a)

is admitted under section 147 of the Evidence Act 1893;

(b)

is used for the purpose of impeaching the person’s credit in the manner provided in section 157 of the Evidence Act 1893;

(c)

is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 1893 or any other written law;

(d)

is made in the course of an identification parade; or

(e)

falls within section 32(1)(a) of the Evidence Act 1893.

(2) Where any person is charged with any offence in relation to the making or contents of any statement made by the person to an officer of a law enforcement agency in the course of an investigation carried out by that officer, that statement may be used as evidence in the prosecution.