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Bare acts > Army Rules, 1954 > Rule 58
 
  


 

58. Examination of the accused and defence witnesses.—(1) (a) In every trial, for the purpose of enabling the accused personally to explain any circumstances appearing in evidence against him, the court of the judge advocate—

(i) May at any stage, without previously warning the accused, put such questions to him as considers necessary;

(ii) Shall, after the close of the ease for the prosecution and before he is called on for his defence, question him generally on the case.

(b) No oath shall be administered to the accused when he is examined under clause (a).

(c) The accused shall not render himself liable to punishment by refusing to answer questions referred in clause (a) above, or by giving answer to them which he knows not to be true.

(2) After the close of the case for the prosecution, the presiding officer or the judge advocate, if any, shall explain to the accused that he may make an unsworn statement, orally or in writing, giving his account of the subject of the charge (s) against him or if he wishes, he may give evidence as a witness, on oath or affirmation, in disproof of the charge (s) 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 his own request in writing;

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

(c) If he gives evidence on oath or affirmation, he shall be examined as first witness for defence and shall be liable to be cross-examined by the prosecutor and to be questioned by the court.

(3) The accused may then call his witnesses including, if he so desires, any witnesses as to character. If the accused intends to call witnesses as to the facts of the case other than himself, he may make an opening address before the evidence for defence is given.

 

 

 

 

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