Accused person to be competent witness
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Summary
An accused in a criminal court may be a competent witness for the defence and can give sworn evidence to disprove charges against himself or any co-accused. He can be called to testify only if he makes a written request, and his refusal to give evidence cannot be commented on or used to draw any adverse presumption. Certain other persons in specified proceedings may also offer themselves as witnesses, with similar protection in some cases.
Example
Ravi is accused of cheating and wants to deny the allegations at his trial. He files a written request and is allowed to give sworn testimony for the defence to rebut the charges. If Ravi later chooses not to testify, neither the prosecution nor the court can comment on his silence or treat it as evidence against him or any co-accused.
Bare Act
Enacted text(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
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(a) he shall not be called as a witness except on his own request in writing;
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(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings:
Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.
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