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.

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 re deposition 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 inSchedule-42, within the time-limit set forth in the process issued by the court.