CrPC Section 315 — Accused person to be competent witness
CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
General
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 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.
Sections referred to
- CrPC §98 — Power to compel restoration of abducted females
- CrPC §107 — Security for keeping the peace in other cases
- CrPC §108 — Security for good behaviour from persons disseminating seditious matters
- CrPC §109 — Security for good behaviour from suspected persons
- CrPC §110 — Security for good behaviour from habitual offenders
Related Judgments
- RAJ KUMAR SINGH @ RAJU @ BATYA vs STATE OF RAJASTHAN — Supreme Court of India (2013)
- SMT. SELVI & ORS. vs STATE OF KARNATAKA — Supreme Court of India (2007)
- P.N. KRISHNA LAL AND ORS. ETC. ETC. vs GOVT. OF KERALA AND ANR. ETC. ETC — Supreme Court of India (1994)
- REKHA SHARMA; ….. vs CENTRAL BUREAU OF INVESTIGATION, ….., Advocates who appeared in this c — Delhi High Court (2015)
- SURESH AND ANR vs STATE OF HARYANA — Supreme Court of India (2018)
- STATE OF MAHARASHTRA vs ABU SALEM ABDUL KAYYAM ANSARI AND ORS — Supreme Court of India (2010)
Old <-> New Code Mapping
- BNSS §353 — Accused person to be competent witness
