1913 Present: Ennis J.

DEHERAGODA v. ALWIS.

96-P. C. Balapitiya, 37,196.

Charge under Penal Code, s. 177-Refusal to answer a question by a police officer-Question having a tendency to expose him to a criminal charge-Criminal Procedure Code, 6.122.

A person is not bound to answer a question put to him by a police officer (by virtue of the powers conferred on the police by section 122 of the Criminal Procedure Code) if it has a tendency to expose him to a criminal charge.

ENNIS J.-Exactly what degree of evidence is required to decide whether any question has a tendency to one thing or another is difficult to say, but in this case the question put to the brother of the person who is alleged to have stolen property as to whether he recovered that property and returned it to the complainant would, in my opinion, possibly have a tendency to expose him to a charge of attempting to compound the offence.

THE accused in this case was charged under section 177 of the Penal Code with having declined to answer questions put to him by a Sub-Inspector of Police when he was legally bound to speak the truth and answer such questions.

The only eviden