Section 45. Statement to be admissible in evidence.
(1) Where any person is charged with an offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation under this Act or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of an Assistant Controller or a police officer not below the rank of Inspector and whether or not interpreted to him by another Assistant Controller or police officer or other person shall, notwithstanding any other written law to the contrary, be admissible in evidence at his trial and, if the person charged tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.
(2) The statement referred to in subsection (1) -
(a) shall not be admissible or used under that subsection -
(i) if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or
(ii) in the case of a statement made by the person after his arrest, unless the court is satisfied that a caution was administered to him in the following words or words to the like effect:
"It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence. "; and
(b) if made by any person before there is time to caution him, shall not be rendered inadmissible in evidence merely by reason of no such caution having been administered if it has been administered as soon as possible.
(3) Notwithstanding anything to the contrary contained in any written law, a person in respect of whom subsection (1) applies shall not be bound to answer any question relating to the case after a caution under subsection (2) has been administered to him.