Thursday, 2 August 2012
accused under prevention of corruption act can give his defence only when permitted by court
The position of an accused who is involved in a under the P.C. Act is trial more cumbered than an accused in other cases due to legislative curbs. One of them is envisaged in Section 22 of the P.C. Act. The court is not obliged to direct an accused involved under the P.C. Act to enter upon his defence until the Special Court has the occasion to see the list of his witnesses and also the list of his documents to be adduced in evidence on the defence side. An accused in other cases has to be called upon to enter on his defence irrespective of whether he would propose to adduce defence evidence because it is a choice to be exercised by him only after he is called upon to enter on his defence. But the accused under P.C. Act need be called upon to enter on his defence only after the trial judge has occasion to peruse the names of the witnesses as well as the purpose of examination of each one of them, and also the nature of the documents which he proposed to adduce as his evidence
Supreme Court of India
Arivazhagan vs State, Represented By Inspector ... on 8 March, 2000
Bench: K Thomas, M Shah
