Examination of Accused | Code Of Criminal Procedure | Constitution Of India | The National TV
- by Shashank-Pant
- May 19, 2020 19:02
Section 315 of the code of criminal procedure enables an accused person to be examined as a witness by specifically providing that an accused shall be a competent witness and may give his evidence in disproving all the charges leveled against him by the prosecution.
Accused by filing an application before the court requesting that he may be permitted to be examined in court as a witness such examination can only take place after framing of charges.
Tukaram v. R.N Shukla 1968
There is no compulsion involved in the examination of an accused under section 315 this Article 20 pf constitution of India cannot be invoked to challenge the constitutionality of sec 315 of the code of criminal procedure
People’s ins corporations v. Shardul 1962
When accused voluntarily move forward to give evidence as a witness he shall subject to all liabilities of an ordinary witness. This means he cannot leave the witness box without permission if he does punishable under section 178 IPC.
As a witness, he shall be liable for giving false evidence under section 132 IEA. And he further cannot take the defence of Article 20(3) to refuse answer to an incrimination question though he shall not be convicted on such answers which he was compelled to give.
Tribhuvan Nath v. State of Maharashtra 1973
The only mode in which the accused can be examined as a prosecution witness is by becoming an approver under section 306 of the same code. His evidence can also be admissible against co-accused and can be used against him only in corroboration under section 114 (b) illustration of IEA.
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