CrPC Section 315 and BNSS Section 353: Accused Person as a Defence Witness
An accused person may voluntarily give evidence on oath as a defence witness. However, the court cannot compel the accused to testify, and the decision not to testify cannot itself justify an adverse presumption under this provision.
Meaning of an accused person being a competent witness
A competent witness is a person legally permitted to give evidence before a court. Section 315 CrPC and its successor, Section 353 BNSS, allow a person accused before a criminal court to give sworn evidence for the defence, including evidence disputing charges against the accused or a co-accused tried together.
This is a choice, not an obligation. Under subsection (1), the accused may be called as a witness only after making a request in writing. If the accused chooses not to testify, neither a party nor the court may comment on that failure or draw a presumption against the accused or a jointly tried co-accused on that ground.
The rule complements the protection against compelled self-incrimination under Article 20(3) of the Constitution of India. The separate procedure for examining an accused by the court is addressed by Section 313 CrPC or Section 351 BNSS; that examination should not be confused with voluntarily testifying on oath as a defence witness.
Section 315 CrPC: Accused person to be competent witness
The following preserves the substance of the original provision, with corrected punctuation and readable formatting.
Subsection (1): Defence evidence by the accused
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:
- He shall not be called as a witness except on his own request in writing.
- 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 at the same trial.
Subsection (2): Other specified proceedings
Any person against whom proceedings are instituted in any Criminal Court under Section 98, 107, 108, 109 or 110, under Chapter IX, or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in those proceedings.
Provided that: In proceedings under Sections 108, 109 or 110, failure to give evidence shall not be commented upon by the parties or the court or give rise to a presumption against that person or another person proceeded against together at the same inquiry.
Subsection (2) covers particular preventive, maintenance and public-order proceedings under the former Code. The statutory references above are to the CrPC, not the BNSS.
Section 353 BNSS: The corresponding law in force
Section 353 of the BNSS continues the principal safeguards of Section 315 CrPC. Under Section 353(1), the accused may testify on oath for the defence only upon a written request, and failure to testify cannot attract adverse comment or presumption under that provision.
Section 353(2) permits a person facing specified proceedings to offer evidence. Its updated references are Sections 101, 126, 127, 128 and 129 BNSS, Chapter X, and Parts B, C and D of Chapter XI. For proceedings under Sections 127, 128 and 129, failure to give evidence remains protected against adverse comment or presumption as specified in the proviso.
Read the official BNSS text (Bureau of Police Research and Development) and the official NCRB CrPC-to-BNSS section comparison for the relevant wording and cross-references.
Practical implications for criminal trials
- Voluntary election: A written request from the accused is required before the accused can be called as a defence witness.
- Evidence on oath: Once the accused elects to testify, the testimony is given as sworn evidence and is subject to the applicable rules of evidence and questioning.
- Protection of silence: The decision not to enter the witness box cannot itself be used for adverse comment or presumption under this provision.
- Co-accused: The express safeguard against an adverse presumption also protects persons jointly charged at the same trial.
- Pending matters: Where proceedings were pending before 1 July 2024, examine the savings clause in Section 531 BNSS rather than assuming the new Code automatically governs every procedural step.
Example: If an accused wishes to personally contradict an allegation during trial, the accused may request in writing to give defence evidence. If the accused instead relies on other evidence and does not testify, the prosecution cannot invite the court to presume guilt merely because the accused declined to become a defence witness.
Frequently asked questions
What replaced Section 315 CrPC?
Section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision.
Is an accused required to give evidence on oath?
No. An accused may voluntarily give defence evidence but must first request to do so in writing.
Can the court draw an adverse inference merely because the accused did not testify?
No. The express protection in Section 315(1) CrPC and Section 353(1) BNSS prohibits comment or presumption based on that failure.
Is examination of the accused the same as defence testimony?
No. Court examination under Section 313 CrPC or Section 351 BNSS is distinct from an accused voluntarily becoming a sworn defence witness.
Legal information: This article explains statutory provisions generally. The applicable procedural code and evidence rules depend on the facts and transitional provisions in an individual case.