(a)is admitted under section 147 of the Evidence Act (Cap. 97);
Section history
Section 259 — Witness’s statement inadmissible except in certain circumstances
As in force on 1 January 2020.
Timeline 4 versions
- 2 January 2011 Enacted
- 1 August 2012 Act 4 of 2012
- 1 January 2020 You are here
- 31 December 2021 Revised edition
- 17 August 2026 Latest
(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 —
(b)is used for the purpose of impeaching his credit in the manner provided in section 157 of the Evidence Act;
(c)is made admissible as evidence in any criminal proceeding by virtue of any other provisions in this Code or the Evidence Act 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.
(2)Where any person is charged with any offence in relation to the making or contents of any statement made by him 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.