Section 89, The Criminal Procedure Act, 2024

(1) A party producing a witness shall not be allowed toimpeach his credibility by general evidence of bad character, but he may, in case the witness, in the opinion of the Judge, proves adverse or hostile, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a written statement inconsistent with his present testimony. (2) Where a witness under subsection (1), upon crossexamination as to a former statement made by him and inconsistent with his present testimony, does not admit that he has made such statement, proof may be given that he did in fact make it. (3) Proof that the written statement of a witness is inconsistent with his present testimony shall not be given unless the circumstances of the supposed written statement, sufficient to designate the particular occasion, is mentioned to the witness and he is asked whether or not he has made such written statement. (4) A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, without such writing being shown to him unless the written statement is intended to contradict such witness. (5) A written statement intended to contradict a witness under subsection (4), shall not be given, unless - 46 47 Prosecution to deliver to copies of written statements before trial. Calling of spouse or cohabitating partner in certain cases. Evidence of person charged. Right of reply. Hostile witness and previous inconsistent statement. (a) the attention of the witness is called to those parts of the writing which are to be used for the purpose of so contradicting him; and (b) the judge is able, at any time during the trial, to order reproduction of the writing for his inspection and make such use of it for the purposes of the trial, as he may think fit.