Section 36 Evidence Act 2011
Section 36 Evidence Act 2011 is titled ‘Evidence of scienter upon charge of receiving stolen property‘. It is under Part III (RELEVANE: AND ADMISSlBlLITY OF CERTAIN EVIDENCE) of the Act. It states as follows:
(1) Whenever any person is being proceeded against for receiving any property, knowing it to have been stolen or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceeding –
a. the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession;
b. the fact that within the five years preceding the date of the offence charged he was convicted of any offence involving fraud or dishonesty.
(2) The fact mentioned in paragraph (b) of subsection (1) of this section may not be proved unless –
a. seven days’ notice in writing has been given to the offender that proof of such previous conviction is intended to be given; and
b. evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession.