Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 213

Defence

213.
(1) If the Judge calls upon the accused for his defence, the Judge shall, before any evidence is called by the accused, inform him that he is entitled to give evidence in his own defence and shall tell him in ordinary language what the effect in law will be if he does not give evidence.
(2) If upon the Judge calling for the defence, the accused does not give evidence, it shall be open to the prosecution to comment upon the failure of the accused to give evidence and the jury, in determining whether the accused is guilty of the offence charged, may draw such inferences from such failure as appear proper.
(3) Nothing in this section shall be taken to render the accused compellable to give evidence on his own behalf.
(4) The accused may open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then call his witnesses and after they have given evidence may sum up his case.
(5) If the accused announces his intention not to adduce evidence the prosecutor may address the jury a second time in support of his case for the purpose of summing up the evidence against the accused.
(6) The accused shall be allowed to examine any wit-ness not previously named by him if such witness is in attendance.


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