BareLaws
SECTION

Section 353 — Accused person to be competent witness

From: Bharatiya Nagarik Suraksha Sanhita, 2023

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. 121
(2)Any person against whom proceedings are instituted in any Criminal Court under section 101, or