BNSS Section 353 — Accused person to be competent witness

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

A person accused of a crime can choose to testify as a witness in their own defence, but only if they make a written request to do so. If they decide not to give evidence, no one—including the court or the other side—can comment on that decision, and it cannot be used to create any negative assumption against them or anyone else on trial with them. In certain types of proceedings, such as those related to specific sections of the law, the accused person may also choose to testify, and if they do not, the same rule applies: no comments or negative assumptions are allowed.

Official Text

(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 at the same trial.

(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings:

Provided that in proceedings under section 127, section 128, or section 129, 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.10 p.1 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §315 — Accused person to be competent witness