Accused Person to be Competent Witness

Abdul Razak @ Abu Ahmed versus Union of India

Criminal Procedure Code, 1973 – Section 315 – Accused person to be competent witness – Whether a person accused of the very same offence arising from the very same transaction, can be permitted to be examined as a witness in respect of the trial that is being conducted against the co-accused ? Held, an accused cannot be called to the witness box by the prosecution in support of the charges if he is also accused of charges arising from the very same set of facts and in the course of the same transaction and this prohibition applies to even an accused tried earlier and convicted by the same or a different court.