Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 353
Accused person to be competent witness
In one line
BNSS Section 353 deals with accused person to be competent witness and replaces CrPC 315.
Bare act text — BNSS 353
353. Accused person to be competent witness.
(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.
Frequently asked
What was BNSS Section 353 in the CrPC?
BNSS Section 353 (Accused person to be competent witness) replaces Section 315 of the Code of Criminal Procedure, 1973. CrPC 315 is now BNSS 353.
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Nearby BNSS sections
- BNSS 348 — Power to summon material witness, or examine person present
- BNSS 349 — Power of Magistrate to order person to give specimen signatures or handwriting, etc
- BNSS 350 — Expenses of complainants and witnesses
- BNSS 351 — Power to examine accused
- BNSS 352 — Oral arguments and memorandum of arguments
- BNSS 354 — No influence to be used to induce disclosure
- BNSS 355 — Provision for inquiries and trial being held in absence of accused in certain cases
- BNSS 356 — Inquiry, trial or judgment in absentia of proclaimed offender
- BNSS 357 — Procedure where accused does not understand proceedings
- BNSS 358 — Power to proceed against other persons appearing to be guilty of offence