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What is the meaning Accused person to be a competent witness? What is the meaning The Code of Criminal Procedure, 1973, to apply subject to certain modifications? Section 21 and 22 of Prevention of Corruption Act 1988

Accused person to be a competent witness and The Code of Criminal Procedure, 1973, to apply subject to certain modifications are defined under section 21 and 22 of Prevention of Corruption Act 1988. Provisions under these Sections are:

Section 21 of Prevention of Corruption Act "Accused person to be a competent witness"

Section 21. Any person charged with an offence punishable under this Act, 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-

(a) he shall not be called as a witness except at his own request;

(b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial;
 

 

(c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless-

(i) the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or

(ii) he has personally or by his pleader asked any question of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or

(iii) he has given evidence against any other person charged with the same offence.

Section 22 of Prevention of Corruption Act "The Code of Criminal Procedure, 1973, to apply subject to certain modifications"

Section 22. The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,-

(a) in sub-section (1) of section 243, for the words "The accused shall then be called upon", the words "the accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon" had been substituted;

(b) in sub-section (2) of section 309, after the third proviso, the following proviso had been inserted, namely:-

"Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 397 has been made by a party to the proceeding.";

(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:-

"(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination.";

(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been inserted, namely:-

"Provided that where the powers under this section are exercised by a Court on an application made by a party to such proceedings, the Court shall not ordinarily call for the record of the proceedings:-

(a) without giving the other party an opportunity of showing cause why the record should not be called for; or

(b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies."

Prevention of Corruption Act 1988

Is Previous sanction necessary for prosecution? What is Presumption where public servant accepts gratification other than legal remuneration? Section 19 and 20 of Prevention of Corruption Act 1988

What is the meaning Accused person to be a competent witness? What is the meaning The Code of Criminal Procedure, 1973, to apply subject to certain modifications? Section 21 and 22 of Prevention of Corruption Act 1988

What is Particulars in a charge in relation to an offence under section 13(1)(c)? What is the meaning Statement by bribe giver not to subject him to prosecution? Section 23 and 24 of Prevention of Corruption Act 1988

What is the meaning Military, Naval and Air Force or other law not to be affected? What is the meaning Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act? Section 25 and 26 of Prevention of Corruption Act 1988

What is the meaning Appeal and revision? What is the meaning Act to be in addition to any other law? Section 27 and 28 of Prevention of Corruption Act 1988

What is the meaning Amendment of the Ordinance 38 of 1944? What is Repeal and saving? Section 29 and 30 of Prevention of Corruption Act 1988

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