CRIMINAL PROCEDURE AND EVIDENCE ACT hundred and forty, two hundred and forty-one, two hundred and forty-two and two hundred and forty-three shall apply, mutatis mutandis, to such commission. (4) Any document which purports— (a) to be an affidavit of a person who has examined an entry in a bankers book or a bankers document and stating the things referred to in paragraphs (a) and (b) of subsection (1); and (b) to have been made before a person who is qualified in the country concerned to administer an oath; shall be admissible upon its mere production. 288 Bank not compelled to produce any books unless ordered by court A bank shall not be compelled to produce its bankers books or any bankers documents in any criminal proceedings unless the court specially orders that such bankers books or bankers documents shall be produced. 289 Sections 286, 287 and 288 not to apply to proceedings to which bank is party Nothing in sections two hundred and eighty-six, two hundred and eighty-seven and two hundred and eighty-eight shall apply to any criminal proceedings to which the bank whose bankers books or bankers documents may be required to be produced in evidence is a party. J. Privileges of witnesses 290 Privileges of accused persons when giving evidence An accused person called as a witness upon his own application shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed, or has been convicted of, or has been charged with, any offence other than that with which he is then charged, or is of bad character, unless— (a) he has personally or by his legal representative asked questions of any witness with a view to establishing, or has himself given evidence of, his own good character, or unless the nature or conduct of the defence is such as to involve imputation of the character of the prosecutor or the witnesses for the prosecution; or (b) he has given evidence against any other person charged with the same offence; or (c) the proceedings against him are such as are described in section three hundred and five or three hundred and six, and the notice required by the section concerned has been given to him; or (d) the proof that he has committed or been convicted of such other offence is admissible to show that he is guilty of the offence wherewith he is then charged. 291 Privilege arising out of marital state (1) A husband shall not be compelled to disclose any communication made to him by his wife during marriage, and a wife shall not be compelled to disclose any communication made to her by her husband during the marriage. (2) A person whose marriage has been dissolved or annulled by a competent court shall not be compelled to give evidence as to any matter or thing which occurred during the subsistence of the marriage or supposed marriage, and as to which he or she could not have been compelled to give evidence if the marriage still subsisted. 292 No witness compellable to answer question which witness’ husband or wife might decline No person shall be compelled to answer any question or to give any evidence if the question or evidence is such that under the circumstances the husband or wife of such person, if under examination as a witness, might lawfully refuse and could not be compelled to answer or give. 109