Court : Kerala
Decided on : Jun-22-1960
Reported in : AIR1960Ker392; 1960CriLJ1603
..... was committed to prison on a charge of printing or importing certain heretical and seditious books. while under arrest, and having denied these charges, he was asked by the attorney-general as to other like charges; but he refused. when examined before the star chamber itself, the accused again refused, was condemned to be whipped and pilloried for his bold ..... ker lt 310 : air 1952 trav co. 482 (fb), the travan-core-cochin high court had reached tie conclusion that the words 'any person'' in paragraph 2 of section 73 of the evidence act, are wide enough, to cover an accused person; but the court has no power to compel an accused person to write out the contents of a document ..... the witness not 'being compelled to answer questions, whose answer would make the witness subject to criminal prosecution, was also accepted, though with modification; for section 32 of act ii of 1855 had made the witness compellable to answer such questions, yet it provided immunity from arrest or prosecution on the basis of such evidence in criminal proceedings, except prosecution ..... for giving false evidence. this position has been continued under the evidence act, 1 of 1872. therefore, the principle,which is spoken of as being one of the importantprinciples of english criminal justice, has been, withinsignificant modifications, equally important part ofthe indian law much prior to the inauguration ofthe constitution, in this connection we would quotethe following observations .....Tag this Judgment!