Section 184: Competency of witnesses in criminal cases

184. Competency of witnesses in criminal cases (1) Subject to subsection (2), every person charged with an offence, and the wife or husband, as the case may be, of the person so charged, 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. (2) (a) A person so charged shall not be called as a witness in pursuance of this Sub-Part except upon his own application. (b) The failure of any person charged with an offence or of the wife or husband, as the case may be, of the person so charged, to give evidence, shall not be made the subject of any comment by the prosecution. (c) The wife or husband of the person charged shall not, save as provided in this Sub-Part, be called as a witness in pursuance of this SubPart, except upon the application of the person so charged. (d) Nothing in this Sub-Part shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage. (e) A person charged and being a witness in pursuance of this SubPart may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged. (f) A person charged and called as a witness in pursuance of this Sub-Part 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 offence is admissible evidence to show that he is guilty of the offence with which he is then charged; (ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his own good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecution or the witnesses for the prosecution; or (iii) he has given evidence against any other person charged with the same offence. (g) Every person called as a witness in pursuance of this Sub-Part 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. [Issue 1] C54 – 48 Revised Laws of Mauritius (h) Nothing in this Sub-Part shall affect section 51 of the District and Intermediate Courts (Criminal Jurisdiction) Act, or any right of the person charged to make a statement without being sworn.