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[Cites 0, Cited by 0] [Section 58] [Entire Act]

Union of India - Subsection

Section 58(2) in The Army Rules, 1954

(2)After the close of the case for the prosecution, the presiding officer or the Judge-Advocate, if any, shall explain to the accused that he may make an unsworn statement, orally or in writing, giving his account of the subject of the charge(s) against him or if he wishes, he may give evidence as a witness, on oath or affirmation, in disproof of the charge(s) against him or any person charged together with him at the same trial:Provided that,-
(a)he shall not be called as a witness except on his own request in writing;
(b)his failure to give evidence shall not be made the subject of any comment by any or the parties of the Court or give rise to any presumption against himself or any person charged together with him at the same trial;
(c)if he gives evidence on oath or affirmation, he shall be examined as first witness for defence and shall be liable to be cross-examined by the prosecutor and to be questioned by the Court.