(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him that the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107 or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:
Provided that in
proceedings under section 108, section 109, or section 110, the failure of such
person to give evidence shall not be made the subject of any comment by any of
the parties or the Court or give rise to any presumption against him or any
other person proceeded against together with him at the same inquiry.
Code of Criminal Procedure (CrPC)
311 CrPC Power to summon material witness, or examine person present
311 CrPC Power of Magistrate to order person to give specimen signatures or handwriting
312 CrPC Expenses of complainants and witnesses
313 CrPC Power to examine the accused
314 CrPC Oral arguments and memorandum of arguments
315 CrPC Accused person to be competent witness
316 CrPC No influence to be used to induce disclosure
317 CrPC Provision for inquiries and trial being held in the absence of accused in certain cases
318 CrPC Procedure where accused does not understand proceedings
319 CrPC Power to proceed against other persons appearing to be guilty of offence