Section 131 of The Navy Act, 1957
A person of an offence before a court-martial shall be a competent witness for the defence and may give evidence on 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 as a witness except on his own request in writing; or
- (b)his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.
Summary
- Section 131 allows a person accused of an offense to be a competent witness in their own defense at a court martial.
- The accused person can give evidence under oath to disprove the charges against them or anyone tried alongside them.
- A court cannot force an accused person to testify unless the accused makes a formal request in writing.
- If the accused chooses to stay silent, nobody in the court is allowed to comment on that silence or use it to assume they are guilty.
Practical examples
FAQ
1. Can a sailor be forced to testify at their own trial under Section 131 of The Navy Act, 1957?
No, under Section 131 of The Navy Act, 1957, an accused person cannot be called as a witness except upon their own written request.
2. Under Section 131 of the naval law, can a prosecutor point out that the accused refused to take the stand?
No, Section 131 of the naval law strictly prohibits any party or the court from commenting on the accused's failure to give evidence.
3. If a sailor testifies under Section 131 of the Defence law, can their testimony help a co-defendant?
Yes, Section 131 of the Defence law states the accused can give evidence to disprove charges against themselves or any person charged together with them at the same trial.
Test yourself
Q1.How must an accused person request to give evidence at their own trial under Section 131 of The Navy Act, 1957?
Q2.What happens if an accused person chooses not to testify under Section 131 of the naval defense law?
Q3.Under Section 131 of The Navy Act, 1957, who besides the accused person might benefit from the accused person's testimony?
Q4.Based on the general rule in Section 130 and the specific rule in Section 131 of The Navy Act, 1957, how is the accused person's testimony treated?