PCA Section 21: Accused person to be a competent witness
Prevention of Corruption Act, 1988 · Chapter 5: Sanction for prosecution and other miscellaneous provisions
21. Accused person to be a competent witness.—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.
Official reference: Government consolidation hosted by CGCA, Department of Telecommunications — checked: 2 October 2026.Banaka reference transcription, not an official or certified edition. Regional additions are not consolidated. Amendment brackets are retained; footnote reference numerals are removed. Hindi study guides are original explanations, not statutory translations. Consult the government source and applicable amendments for authoritative wording.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 19. Previous sanction necessary for prosecution
- 20. Presumption where public servant accepts any undue advantage
- 22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
- 23. Particulars in a charge in relation to an offence under section 13 (1) (a)
- 24. [Omitted.]
- 25. Military, Naval and Air Force or other law not to be affected
- 26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
- 27. Appeal and revision
- 28. Act to be in addition to any other law
- 29. Amendment of the Ordinance 38 of 1944
- 29A. Power to make rules
- 30. Repeal and saving
- 31. [Repealed.]