Competency of accused person, etc., in criminal cases

Every person charged with an offence, and his wife or her husband, as the case may be, or other party to a common law union, shall be a competent witness for the defence at every stage of the proceedings, whether he or she is charged solely or jointly with any other personcases. Provided that– (a) a person so charged shall not be called as a witness in pursuance of this Act except upon his own (b) the failure of any person charged with an offence, or of his wife or her husband, as the case may be, or other party to a common law union, to give evidence shall not be made the subject of any comment by the prosecution; (c) the wife or husband of the person charged or other party to a common law union, shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged; (d) a person charged and being a witness in pursuance of this Act may be asked any question in cross- examination, notwithstanding that it would tend to incriminate him, as to the offence charged; (e) a person charged and called as a witness in pursuance of this Act 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, or been charged with, any offence other than that wherewith he is then charged, or is of bad character, unless, (i) the proof that he has committed or been convicted of that other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or (ii) he has personally or by his attorney asked questions of the witnesses 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 the witnesses for the prosecution; or (iii) he has given evidence against any other person charged with the same offence; (f) every person called as a witness in pursuance of this Act shall, unless otherwise directed by the court, give his evidence from the witness box, or other place from which the other witnesses give their CAP. 96. (g) nothing in this Act shall affect section 34 of the Indictable Procedure Act or any right of the person charged to make a statement without being sworn.