Sections 21 and 22 of the Prevention of Corruption Act, 1988: Accused as a Competent Witness and Special Criminal Procedure

Sections 21 and 22 of the Prevention of Corruption Act, 1988 deal with two important procedural matters in corruption prosecutions. Section 21 permits an accused person to testify as a defence witness subject to statutory safeguards. Section 22 modifies specified rules of criminal procedure for proceedings relating to offences punishable under the Act.

Section 21: Accused person to be a competent witness

Section 21 makes a person charged with an offence punishable under the Prevention of Corruption Act a competent witness for the defence. The accused may give evidence on oath to disprove the charges against himself or against another person charged with him at the same trial.

Statutory safeguards under Section 21

Section 21 protects the accused's choice and limits the consequences of that choice. In substance, the section provides that:

1. the accused cannot be called as a witness except at his own request;
2. failure of the accused to give evidence cannot be commented upon by the prosecution and cannot by itself create a presumption against the accused or a co-accused tried with him; and
3. the accused is protected against questions intended merely to show that he committed or was convicted of another offence, or that he is of bad character, except in the situations expressly permitted by the section.

The exceptions relating to other offences or character apply where such evidence is otherwise admissible to establish guilt of the offence charged, where the defence has put good character in issue or made imputations of the kind specified in the provision, or where the accused has given evidence against another person charged with the same offence.

Section 22: CrPC to apply subject to specified modifications

Section 22 is a special procedural provision. Its enacted text states that the provisions of the Code of Criminal Procedure, 1973 apply to proceedings relating to offences punishable under the Prevention of Corruption Act subject to specified modifications. The modifications were designed to reduce avoidable delay and regulate defence evidence, adjournments, proceedings in the absence of the accused or pleader, and revision proceedings.

1. Modification concerning Section 243(1) CrPC

At the defence-evidence stage, the accused is required to provide in writing, immediately or within the time allowed by the court, a list of the persons proposed to be examined as defence witnesses and the documents proposed to be relied upon, before being called upon to enter upon the defence.

2. Modification concerning Section 309(2) CrPC

The special rule provides that a proceeding is not to be adjourned or postponed merely because a party has made a revision application under Section 397 CrPC. The purpose is to prevent the mere filing of a revision from automatically interrupting the corruption proceeding.

3. Modification concerning Section 317 CrPC

Section 22 inserts a special power enabling the Judge, when considered fit and for reasons recorded, to proceed with an inquiry or trial in the absence of the accused or the accused's pleader and to record a witness's evidence, while preserving the accused's right to recall that witness for cross-examination.

4. Modification concerning Section 397(1) CrPC

Where revisional powers are invoked on an application by a party, the revisional court is ordinarily not to call for the original record without first giving the other party an opportunity to show cause, or where the court is satisfied that examination can be made from certified copies. This rule seeks to prevent unnecessary removal of the trial record and consequent delay.

Effect of the BNSS from 1 July 2024

The BNSS, 2023 came into force on 1 July 2024. Section 531(1) repeals the CrPC, while Section 531(2)(a) preserves the old Code for an appeal, application, trial, inquiry or investigation that was pending immediately before commencement. Accordingly, whether a corruption proceeding continues under the CrPC or is governed by the BNSS can depend on when the relevant proceeding commenced and whether it falls within the statutory saving clause.

For pending matters saved by Section 531, the CrPC framework remains directly relevant. For proceedings governed by the BNSS, the corresponding BNSS provisions and the operation of the special Prevention of Corruption Act must be considered together. Because Section 22 of the Prevention of Corruption Act still uses the CrPC section references in the central text, the precise procedural consequence in a post-1 July 2024 case should be assessed in the context of the particular proceeding rather than by mechanically substituting section numbers.

Practical significance of Sections 21 and 22

Section 21 protects the voluntary character of an accused's testimony while allowing the accused to give sworn defence evidence. Section 22 supplements the ordinary criminal procedure with anti-delay and case-management rules tailored to corruption trials. Together, the provisions seek to preserve a fair opportunity to defend the prosecution while enabling Special Judges to conduct proceedings efficiently.

Official legal resources

For the authoritative and updated statutory text, refer to the official India Code resources:

• India Code - Prevention of Corruption Act, 1988
• India Code - Bharatiya Nagarik Suraksha Sanhita, 2023

This page explains the statutory provisions for general legal information. The application of procedural law may depend on the date, stage and nature of the individual proceeding.