Section 111 of Evidence Act CAP 80: Burden on accused in certain cases
(1) When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any exception or exemption from, or qualification to, the operation of the law creating the offence with which he is charged and the burden of proving any fact especially within the knowledge of such person is upon him:
Provided that such burden shall be deemed to be discharged if the court is satisfied by evidence given by the prosecution, whether in cross-examination or otherwise, that such circumstances or facts exist:
Provided further that the person accused shall be entitled to be acquitted of the offence with which he is charged if the court is satisfied that the evidence given by either the prosecution or the defense creates a reasonable doubt as to the guilt of the accused person in respect of that offence.
(2) Nothing in this section shall—
(a) prejudice or diminish in any respect the obligation to establish by evidence according to law any acts, omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged; or
(b) impose on the prosecution the burden of proving that the
circumstances or facts described in subsection (1) of this section do not exist; or
(c) affect the burden placed upon an accused person to prove a
defence of intoxication or insanity.
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- Section 112 - Proof of special knowledge in civil proceedings
In civil proceedings, when any fact is especially within the knowledge of any party to those proceedings, the burden of proving or disproving that fact is upon him.
- Section 113 - 113. Repealed by Act No. 14 of 1972, Ninth Sch.
113. Repealed by Act No. 14 of 1972, Ninth Sch.
- Section 114 - 114. Repealed by Act No. 14 of 1972, Ninth Sch.
114. Repealed by Act No. 14 of 1972, Ninth Sch.
- Section 115 - Disproving apparent special relationship
When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand,...
- Section 116 - Disproving ownership
When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the...
- Section 117 - Proof of good faith
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the...
- Section 118 - Conclusive proof of legitimacy
The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining...
- Section 118A - Presumption of death
Where it is proved that a person has not been heard of for seven years by those who might be expected to have heard of him if he were alive, there shall be a rebuttable presumption that he is dead.
- Section 119 - Presumption of likely facts
The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in...
- Section 120 - General estoppel
When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative...
- Section 121 - Estoppel of tenant or licensee
No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had at the beginning of the...
- Section 122 - Estoppel of acceptor of a bill of exchange
No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it:
Provided that the acceptor of a bill of exchange may deny that the bill...
- Section 123 - Estoppel of a bailee, licensee or agent
No bailee, agent or licensee shall be permitted to deny that the bail or, principal or licensor, by whom any goods were entrusted to any of them respectively, was entitled to those goods at the time...
- Section 124 - Corroboration required in criminal cases
Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section on behalf of...
- Section 125 - Competency generally
(1) All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by...
- Section 126 - Dumb witnesses
(1) A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as, for example, by writing or by signs; but such writing must be written, and the...
- Section 127 - Competency of parties and spouses
(1) In civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2) In criminal proceedings every person charged with an offence,...
- Section 128 - Compellability of ordinary witnesses
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such...
- Section 129 - Privilege of court
No judge or magistrate shall, except upon the special order of some court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such judge or magistrate,...
- Section 130 - Communications during marriage
(1) No person shall be compelled to disclose any communication made to him or her during marriage, by the other spouse; nor shall a person be permitted to disclose such communication without the...
- Section 131 - Privilege relating to official records
Whenever it is stated on oath (whether by affidavit or otherwise) by a Minister that he has examined the contents of any document forming part of any unpublished official records, the production of...
- Section 132 - Privilege of official communications
No public officer shall be compelled to disclose communications made by any person to him in the course of his duty, when he considers that the public interest would suffer by the disclosure.
- Section 133 - Privilege relating to information of commission of offences
(1) No judge, magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence, and no revenue officer shall be compelled to say whence he got...
- Section 134 - Privilege of advocates
(1) No advocate shall at any time be permitted unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate,...
- Section 135 - Privilege of interpreters, and advocates’ clerks and servants
The provisions of section 134 of this Act shall apply to interpreters, and the clerks or servants of advocates.
- Section 136 - Waiving of privilege of advocates, etc.
(1) If any party to a suit or proceeding gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 134(1)...
- Section 137 - Communications with an advocate
No one shall be compelled to disclose to the court any confidential communication which has taken place between him and his advocate unless he offers himself as a witness, in which case he may be...
- Section 138 - Title deeds and incriminating documents in hands of third party
No witness who is not a party to the suit shall be compelled to produce his title deeds to any property, or any document in virtue of which he holds any property as pledge or mortgagee, or any...
- Section 139 - Privileged document in possession of another
No one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such other person consents to...
- Section 140 - Bankers’ books
(1) A bank, or officer of a bank, shall not, in any legal proceedings to which the bank is not a party, be compelled to produce any banker’s book the contents of which can be proved under the...
- Section 141 - Accomplices
An accomplice shall be a competent witness against an accused person; and a conviction shall not be illegal merely because it proceeds upon the uncorroborated evidence of an accomplice.
- Section 142 - Privileges to exclude oral evidence of documents
No person who is entitled to refuse to produce a document shall be compelled to give oral evidence of its contents.
- Section 143 - Number of witnesses
No particular number of witnesses shall, in the absence of any provision of law to the contrary, be required for the proof of any fact.
- Section 144 - Court to decide as to the admissibility of evidence
(1) When either party proposes to give evidence of any fact, the court may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be admissible.
(2) The court...
- Section 145 - Type of examination of witnesses
(1) The examination of a witness by the party who calls him shall be called his examination-in-chief.
(2) The examination of a witness by the adverse party shall be called his cross-examination....
- Section 146 - Order and direction of examinations
(1) Witnesses shall first be examined-in-chief, then, if the adverse party so desires, cross-examined, then, if the party calling them so desires, re-examined.
(2) Subject to the following...
- Section 147 - Person called to produce a document
A person called to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.
- Section 148 - Witness to character
A witness to character may be cross-examined and re-examined.
- Section 149 - Meaning of leading question
Any question suggesting the answer which the person putting it wishes or expects to receive, or suggesting a disputed fact as to which the witness is to testify, is a leading question.
- Section 150 - Leading questions in examination-in-chief and re-examination
(1) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in a re-examination, except with the permission of the court.
(2) The court shall permit...
- Section 151 - Leading questions in cross-examination
Leading questions may be asked in cross-examination.
- Section 152 - Examination as to whether certain formal matters are contained in writing
Any witness may be asked, whilst under examination, whether any contract or grant or other disposition of property as to which he is giving evidence was not contained in a document, but if he says...
- Section 153 - Cross-examination as to previous written statements
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him or being proved,...
- Section 154 - Cross-examination as to credibility
When a witness is cross-examined he may, in addition to the questions hereinbefore referred to, be asked any questions which tend—
(a) to test his accuracy, veracity or credibility;
(b) to...
- Section 155 - Compulsion to answer questions as to credit
If any question asked under paragraph (c) of subsection 154 of this Act for the purpose of affecting the credit of the witness relates to a matter relevant to the suit or proceeding, the provisions of...
- Section 156 - Cross-examination of accused person
A person charged with an offence and called as a witness for the defence may be asked any question in cross-examination notwithstanding that the answer may tend to incriminate him as to the offence...
- Section 157 - Discretion of court to compel witness to answer question as to credit
(1) If any question asked relates to a matter not relevant to the suit or proceeding except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether...
- Section 158 - Necessity for grounds before attacking character
No such question as is referred to in section 157 of this Act ought to be asked unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well founded.
- Section 159 - Indecent or scandalous questions
The court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the court, unless they...
- Section 160 - Insulting or annoying questions
The court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court needlessly offensive in form.