Section 21 The Prevention of Corruption Act,
Here is the detailed explanation of Section 21 of the Prevention of Corruption Act, 1988:
๐น Section 21 โ Accused person to be a competent witness
โAny 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 thatโ
(a) he shall not be called as a witness except on 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.โ
โ Explanation:
This section permits the accused (the person charged under the Prevention of Corruption Act) to testify in their own defence.
It is based on free willโthe accused cannot be forced to testify.
Prosecution cannot comment negatively if the accused chooses not to testify.
It is consistent with Article 20(3) of the Constitution of India, which protects an accused against self-incrimination.
โ๏ธ Legal Importance:
This safeguards the rights of the accused while also allowing them the opportunity to speak in their defence if they wish.
Helps maintain fairness in trial under the corruption law by giving the accused a voice, but without penalizing them for remaining silent.
RELATED Blog
0 comments