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[Cites 0, Cited by 0] [Section 742] [Entire Act]

State of Rajasthan - Subsection

Section 742(6) in Rules of the High Court of Judicature for Rajasthan, 1952

(6)Accused person to be competent witness. - Any person against whom a complaint is filed by the Official Liquidator under the Act shall be a competent witness for the defence and may give evidence oath in disproof of the charges made against him or any person charged together with him at the same trial, provided that-
(a)he shall not be called or examined as a witness except with his consent;
(b)his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial;
(c)he 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 any offence with which he is charged, or is of bad character, unless-
(i)the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or
(ii)he has personally or by his Advocate asked questions of any witness 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 character of the prosecutor or of any witness for the prosecution, or
(iii)he has given evidence against any other person charged with the same offence.