§ 259 — Self‑incrimination

259.—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the disclosure of the information would have a tendency to expose the person to a criminal charge for an offence under this Act, a repealed law or other written law.(2) Where a person claims, before giving any information that the person is required under any relevant provision of this Act to give, that the disclosure of the information might tend to incriminate the person for an offence under this Act, a repealed law or other written law —(a)

that information;

(b)

the giving of the information; and

(c)

any information, document or thing obtained as a direct consequence of the giving of the information,

is not admissible in evidence against the person in any criminal proceedings for an offence under this Act, the repealed law or other written law other than proceedings for an offence under section 256 or 257 or any written law in respect of the falsity of the information, document or thing.

(3) For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the investigator had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the investigator believed in good faith, when so informing the accused person, that —(a)

the accused person was concerned in an offence under this Act; or

(b)

a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act.

(4) Nothing in this Division —(a)

compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a document, information or material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or

(b)

authorises the taking of any such document, information or material which is in the possession of an advocate and solicitor or legal counsel.

(5) In this section, “relevant provision of this Act” means any of the following:(a)

section 89;

(b)

section 101;

(c)

section 127;

(d)

section 201;

(e)

section 238;

(f)

section 249;

(g)

section 252.

—(1) A person is not excused for not complying with a requirement imposed under a relevant provision of this Act to give any information on the ground that the disclosure of the information would have a tendency to expose the person to a criminal charge for an offence under this Act, a repealed law or other written law.

(2) Where a person claims, before giving any information that the person is required under any relevant provision of this Act to give, that the disclosure of the information might tend to incriminate the person for an offence under this Act, a repealed law or other written law —(a)

that information;

(b)

the giving of the information; and

(c)

any information, document or thing obtained as a direct consequence of the giving of the information,

is not admissible in evidence against the person in any criminal proceedings for an offence under this Act, the repealed law or other written law other than proceedings for an offence under section 256 or 257 or any written law in respect of the falsity of the information, document or thing.

(3) For the purposes of any proceedings for an offence under this Act, the making of a statement by an accused person made pursuant to a requirement mentioned in subsection (1), is not to be regarded under section 258(3) of the Criminal Procedure Code 2010 as caused by any inducement, threat or promise merely because the investigator had earlier informed the accused person that the accused person was not excused from disclosing information on the ground that the disclosure of the information might tend to incriminate the accused person, if the investigator believed in good faith, when so informing the accused person, that —(a)

the accused person was concerned in an offence under this Act; or

(b)

a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, that the accused person was concerned in an offence under this Act.

(4) Nothing in this Division —(a)

compels an advocate and solicitor or legal counsel to disclose or produce a privileged communication, or a document, information or material containing a privileged communication, made by or to the advocate and solicitor or legal counsel in that capacity; or

(b)

authorises the taking of any such document, information or material which is in the possession of an advocate and solicitor or legal counsel.

(5) In this section, “relevant provision of this Act” means any of the following:(a)

section 89;

(b)

section 101;

(c)

section 127;

(d)

section 201;

(e)

section 238;

(f)

section 249;

(g)

section 252.