What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases? Section 315, 316 and 317 of Code of Criminal Procedure 1973

Accused person to be competent witness, No Influence to be used to induce disclosure and Provision for inquiries and trial being held in the absence of accused in certain cases are defined under Section 315, 316 and 317 of CRPC 1973. Provisions under these sections are:

Section 315 of CRPC "Accused person to be competent witness"

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may, evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial :

Provided that-

(a) he shall not be called as a witness except on own request in writing :

(b) his failure to give evidence shall not be made subject of any comment by any of the parties the Court or give rise to any presumption ago himself or any person charged together with that the same trial.

(2) Any person against whom proceedings are instituted in any Criminal Court under Section 98, or Section 107, Section 108, or Section 109, or Section 110, or under Chapter IX or under Part B, Part C or Part D or Chapter X, may offer himself as a witness in such proceedings:

Provided that in proceedings under Section 108, Section 109, or Section 110, 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.

Section 316 of CRPC "No Influence to be used to induce disclosure"

Except as provided in Section 306 and 307, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

Section 317 of CRPC "Provision for inquiries and trial being held in the absence of accused in certain cases"

 (1) At any stage of an inquiry or trial under this code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry to trial, or order that the case of such accused be taken up or tried separately.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Person once convicted or acquitted not to be tried for same offence? Section 300 of Code of Criminal Procedure 1973

Appearance by Public Prosecutors, What is permission to conduct prosecution? Section 301 and 302 of Code of Criminal Procedure 1973

What are the Rights of person against whom proceedings instituted to be defended? What is Legal aid to accused at State expense in certain cases? Section 303 and 304 of Code of Criminal Procedure 1973

What is the procedure when corporation or registered society is an accused? Section 305 of Code of Criminal Procedure 1973

What is Tender of pardon to accomplice? Who has power to direct tender of pardon? Section 306 and 307 of Code of Criminal Procedure 1973

What is Trial of person not complying with conditions of pardon? What is Power to postpone or adjourn proceedings? Section 308 and 309 of Code of Criminal Procedure 1973

What is Local Inspection? What is power to summon material witness, or examine Person? What is present Expenses of complainants and witnesses? Section 310, 311 and 312 of Code of Criminal Procedure 1973

What is Power to examine the accused? What is Oral arguments and memorandum of arguments? Section 313 and 314 of Code of Criminal Procedure 1973

What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases? Section 315, 316 and 317 of Code of Criminal Procedure 1973

What is the Procedure where accused does not understand proceedings? What is Power to proceed against other persons appearing to be guilty of offence? Section 318 and 319 of Code of Criminal Procedure 1973

 

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