Section 84, The Criminal Procedure Act, 2024

(1) Subject to any law relating to the giving of evidencein Court, a person charged with an offence and the spouse or cohabiting partner shall be a competent witness for the defence at every stage of the proceedings, whether the person charged is charged solely or jointly with any other person. (2) Notwithstanding subsection (1) a person charged with an offence shall not - (a) be called as a witness under this Act except upon his own application; or (b) be made the subject of a comment by the prosecution on account of the failure of him, his spouse or cohabiting partner, as the case may be, to give evidence. (3) A spouse or cohabiting partner of a person charged with an offence shall not be - (a) called as a witness under this Act except upon the application of the person so charged; (b) compellable to disclose communication made to each other during the marriage or cohabitation. (4) A person charged with an offence under this Act and being a witness may be asked any question in cross-examination, notwithstanding that it would tend to incriminate him as to the offence charged. (5) A person charged with an offence and called as a witness under this Act shall not be asked, and if asked shall not be required to answer, a question tending to show that he has committed or been convicted of or been charged with an offence other than that for which he has been charged or is of bad character, unless- (a) 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 charged; (b) he has personally or by his counsel - (i) asked questions of the witnesses for the prosecution with a view to establishing his own good character; (ii) given evidence of his good character; (iii) invited imputations on the character of the prosecutor or the witnesses for the prosecution; or 44 45 Trials under this Act. Spouse shall be competent compellable witness. Competency of person charged and his spouse or cohabiting partner to give (c) he has given evidence against another person charged with the same offence. (6) A person called as a witness under this Act shall, unless otherwise ordered by the Court, give his evidence from the witness box or other place from which the other witnesses gave their (7) A person charged with an offence may, notwithstanding subsections (1) to (6), make a statement without being sworn.