SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONSCentral

Section 21 of The Prevention of Corruption Act, 1988

Any person charged with an offence punishable under this Act, 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 at his own request;
(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 other than the offence with which he is charged, or is of bad character, unless--
1. (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
2. (ii)he has personally or by his pleader asked any question 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 on the character of the prosecutor or of any witness for the prosecution, or
3. (iii)he has given evidence against any other person charged with the same offence.

Summary

Any person accused of corruption can choose to testify as a witness for their own defense.
An accused person can only be called to the witness stand if they make a personal request to do so.
If an accused person chooses not to testify, the prosecution cannot use that silence to suggest they are guilty.
Usually, the accused cannot be asked about their past crimes or bad character while on the stand.
If the accused tries to prove they have a good character, the court may then allow questions about their past.

Practical examples

1At his trial in July 2025, Mr. Singh decides he wants to explain his side of the story. He asks his lawyer to let him testify. Under Section 21, the prosecutor is not allowed to ask him about a minor theft he committed twenty years ago because it is unrelated to the current case.

2An official named Mrs. Kumar chooses to stay silent during her trial. The prosecutor tries to tell the judge that only guilty people stay silent. Under Section 21, the judge must stop the prosecutor because silence cannot be used as proof of guilt.

FAQ

1. Can a person accused under the Prevention of Corruption Act, 1988, be a witness?

Yes, Section 21 of the Prevention of Corruption Act, 1988, states that an accused person is a competent witness for the defense.

2. Can the prosecutor force an accused person to testify under Section 21 of the Prevention of Corruption Act, 1988?

No, Section 21 of the Prevention of Corruption Act, 1988, says an accused can only be a witness at their own request.

3. Can an accused person's silence be held against them under Section 21 of the Prevention of Corruption Act, 1988?

No, Section 21 of the Prevention of Corruption Act, 1988, says failure to give evidence shall not give rise to any presumption against the person.

4. Can I be asked about my old criminal record under Section 21 of the Prevention of Corruption Act, 1988?

Usually no, unless you try to claim you are a person of good character or give evidence against someone else, as per Section 21 of the Prevention of Corruption Act, 1988.

Test yourself

Q1.According to Section 21 of the Prevention of Corruption Act, 1988, under what condition can an accused person be called as a witness?

Q2.If an accused person fails to give evidence, what does Section 21 of the Prevention of Corruption Act, 1988, say about it?

Q3.When can an accused person be asked about unrelated past crimes under Section 21 of the Prevention of Corruption Act, 1988?

Q4.Does Section 21 of the Prevention of Corruption Act, 1988, allow an accused person to testify against a co-accused?

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SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONSCentral

Section 21 of The Prevention of Corruption Act, 1988

(a)he shall not be called as a witness except at his own request;
(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 other than the offence with which he is charged, or is of bad character, unless--
1. (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
2. (ii)he has personally or by his pleader asked any question 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 on the character of the prosecutor or of any witness for the prosecution, or
3. (iii)he has given evidence against any other person charged with the same offence.

Summary

Any person accused of corruption can choose to testify as a witness for their own defense.
An accused person can only be called to the witness stand if they make a personal request to do so.
If an accused person chooses not to testify, the prosecution cannot use that silence to suggest they are guilty.
Usually, the accused cannot be asked about their past crimes or bad character while on the stand.
If the accused tries to prove they have a good character, the court may then allow questions about their past.