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Report No. 28

56. Section 5 and oath by accused examined as a witness.-It has been suggested, that in section 5, last paragraph, for the words "unless he is examined as a witness for the defence", the words "unless he voluntarily offers himself as a witness for defence" should be substituted. This provision is to be read along with section 342A, proviso (a), of the Code of Criminal Procedure, 1898, under which the accused is a competent but not a compellable witness. No such change in the section is, therefore, necessary.

Indian Oaths Act, 1873 Back

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