Can an accused become a witness?

An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act.

Can accused be a Defence witness?

(b) Section 315 prohibits an ‘accused’ from being examined as a defence witness as the Special Court has convicted him; (c) Article 20 (3) encompasses protection from the evidence of an accused being used against the co-accused.

Can accused be a prosecution witness?

It reads:- “Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the …

What are the qualifications for an accused to become a state witness?

WHAT ARE THE REQUISITES IN ORDER FOR A PERSON TO BE DISCHARGED AS A STATE WITNESS?

• The discharge must be WITH THE CONSENT OF THE ACCUSED sought to be a state witness.
• There is ABSOLUTE NECESSITY for the testimony of the accused whose discharge is requested;

What are the qualifications of a witness?

THE COURT RULED THAT: 1. There is no mandatory requirement that the witness have to testify his good standing in the community, reputation for trustworthiness and reliableness, honesty and uprightness in order that his testimony may be believed and accepted by the trial court.

Can accused be a witness under CrPC?

Therefore, it cannot be treated as an evidence within the meaning of Section 3 of the Evidence Act, though the accused has a right if he chooses to be a witness, and once he makes that option, he can be administered oath and examined as a witness in defence as required under Section 315 Cr.

Can an accused be a witness Philippines?

Sec. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act.

Can prosecution witness be called as defense witness?

The learned counsel for the applicant has further submitted that the witness, who is examined as a prosecution witnesses may be recalled as a defence witness again and in support of this 3 Criminal Revision No.

What is Section 313 CRPC?

Accused is examined in every enquiry or trial by enabling him to explain personally to circumstances appearing in evidence against him. Section 313 of Criminal Procedure Code, 1973 envisages power of the trial court to examine the accused to explain evidence adduced against him.

How does someone become a witness?

In order to testify, witnesses must take an oath to agree or affirm to tell the truth. Character witnesses usually don’t see the crime take place but they can be very helpful in a case because they know the personality of the defendant or victim, or what type of person the defendant or victim was before the crime.

Who can be a witness?

Anyone 18 years and over can witness or sign a will, but importantly, a beneficiary can’t witness a will, and neither can their spouse or civil partner. In many cases, people will ask a friend or work colleague to sign and witness the will.

Can a prosecution witness be prosecuted U/S 319 CrPC?

In a landmark judgment, a two judge bench of the Supreme Court comprising of Justice J Chelameshwar and Justice C Nagappan has held that a prosecution witness cannot be prosecuted u/s 319 CrPC even though his statements were self incriminatory.

Can a co-accused be a witness for an accused person?

Of course, an accused person cannot be forced to become a witness against himself in view of the fundamental right guaranteed under Article 20 of the Constitution. Therefore, there is no doubt that a co-accused can definitely be a witness for an accused person.

Is statement recorded under Section 164 CrPC admissible in court?

Statement recorded by a Judicial Magistrate or Metropolitan Magistrate under section 164 CrPC, is a public document under section 74 of Indian Evidence Act,1872. This evidence is admissible under Section 80 of the Indian Evidence Act, 1872.

Is a co-accused a competent witness under Section 133?

”. Since a co-accused is also an accomplice, therefore a co-accused is also a competent witness. However, please note that while Section 133 lays down the rule when the accomplice gives evidence AGAINST the accused person, whereas what is asked in the above question is a co-accused or accomplice giving evidence IN FAVOUR OF the accused.