Which of the following is/are correct under the provisions of the Prevention of Corruption Act…
Section 21 of the Prevention of Corruption Act makes the accused a competent defence witness but permits calling that person only "at his own request". Silence cannot…
Choose your answer
Which of the following is/are correct under the provisions of the Prevention of Corruption Act pertaining to calling an accused as a competent witness?
1. He can be called as witness at his own request
2. His failure to give evidence will not give rise to any presumption against him.
3. He can be called as witness only when he is on bail.
Answer and explanation
Correct answer B
Section 21 of the Prevention of Corruption Act makes the accused a competent defence witness but permits calling that person only "at his own request". Silence cannot support the specified adverse presumption, and release on bail is not a prerequisite to giving evidence.