Section 180 Evidence Act 2011
Section 180 Evidence Act 2011 is titled ‘Competence of person charged to give evidence‘. It is under Part XI (WITNESSES) of the Act. It states as follows:
Every person charged with an offence shall be a competent witness for the defence at every stage of the proceedings whether the person so charged is charged solely or jointly with any other person:
Provided that –
(a) a person so charged shall not be called as a witness in pursuance of this section except upon his own application;
(b) a person charged and being a witness in pursuance of this section may be asked any question in cross – examination notwithstanding that it would tend to incriminate him as to the offence charged;
(c) when the only witness to the facts of the case called by the defence is the person charged he shall be called as a witness immediately after the close of the evidence for the prosecution;
(d) every defendant called as witness in pursuance of this section shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence;
(e) nothing in this section shall affect the right of the person charged to make a statement without being sworn;
(f) in cases where the right of reply depends upon the question, whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply.
(g) A person charged and called as a witness in pursuance of this section 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 with which he is then charged, or is of bad character unless –
(i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence with which he is then charged, or
(ii) he has personally or by his legal practitioner 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 prosecutor or the witnesses for the prosecution, or
(iii) he has given evidence against any other person charged with the same offence;