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Criminal Evidence Act, 1992

Compellability to give evidence at instance of co-accused.

24.(1) Subject to section 25 , in any criminal proceedings—

(a) the spouse of an accused shall be compellable to give evidence at the instance of any person charged with the accused in the same proceedings only in the case of an offence mentioned in section 22 (1),

(b) a former spouse of an accused shall be compellable to give evidence at the instance of any person charged with the accused in the same proceedings unless—

(i) the offence charged is alleged to have been committed at a time when the marriage was subsisting and no decree of judicial separation or separation agreement was in force, and

(ii) it is not an offence mentioned in section 22 (1).

(2) Subsection (1) is without prejudice to the power of a court to order separate trials of persons charged in the same proceedings if it appears to it to be desirable in the interests of justice to do so.