Section 122
Deposition Of The Accused To Be Made
(1) After reading out the
charge and punishment imposable on such charge to the accused
pursuant to Section 121, the court shall ask him or her whether he or
she has any statement to make on that charge and record his or her
deposition.
(2) If any accused who has already appeared in the court
wishes to consult a law practitioner prior to taking of his or her
deposition, he or she shall be provided with an opportunity to make
such consultation.
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(3) Before recording the deposition pursuant to sub-section
(1), the court shall inform the accused that he or she shall not be
compelled to testify against himself or herself and reminded of the
matter that such testimony if made by him or her may be admissible
in evidence against him or her.
(4) In the process of reminding the accused of the matters
pursuant to sub-section (3), the demand, if any, made by the
government attorney offering a reduction in sentence against him or
her and the relevant provision of the law in force shall also be stated
to him or her.
(5) In recording the deposition of the accused pursuant to
this Section, each question and answer to such question shall both be
recorded, and where deposition has been taken through video
conference, such deposition shall also be recorded.
(6) After recording the deposition referred to in sub-section
(5), signature or thumb impressions of the accused shall be taken on
such record and the judge also shall sign it.
Provided that where deposition has been made through video
conference, the judge shall authenticate such matter.
(7) If, in taking deposition of the accused pursuant to this
Section, any matter is omitted to be inquired with him or her, the
court may summon the appearance of such accused and take redeposition
of the omitted matter from him or her.
(8) Notwithstanding anything contained elsewhere in this
Section, in relation to a case related to any offence under Schedule-4,
a statement of defense shall be submitted in the form referred to in
132
Schedule-42, within the time-limit set forth in the process issued by
the court.
charge and punishment imposable on such charge to the accused
pursuant to Section 121, the court shall ask him or her whether he or
she has any statement to make on that charge and record his or her
deposition.
(2) If any accused who has already appeared in the court
wishes to consult a law practitioner prior to taking of his or her
deposition, he or she shall be provided with an opportunity to make
such consultation.
131
(3) Before recording the deposition pursuant to sub-section
(1), the court shall inform the accused that he or she shall not be
compelled to testify against himself or herself and reminded of the
matter that such testimony if made by him or her may be admissible
in evidence against him or her.
(4) In the process of reminding the accused of the matters
pursuant to sub-section (3), the demand, if any, made by the
government attorney offering a reduction in sentence against him or
her and the relevant provision of the law in force shall also be stated
to him or her.
(5) In recording the deposition of the accused pursuant to
this Section, each question and answer to such question shall both be
recorded, and where deposition has been taken through video
conference, such deposition shall also be recorded.
(6) After recording the deposition referred to in sub-section
(5), signature or thumb impressions of the accused shall be taken on
such record and the judge also shall sign it.
Provided that where deposition has been made through video
conference, the judge shall authenticate such matter.
(7) If, in taking deposition of the accused pursuant to this
Section, any matter is omitted to be inquired with him or her, the
court may summon the appearance of such accused and take redeposition
of the omitted matter from him or her.
(8) Notwithstanding anything contained elsewhere in this
Section, in relation to a case related to any offence under Schedule-4,
a statement of defense shall be submitted in the form referred to in
132
Schedule-42, within the time-limit set forth in the process issued by
the court.