Accused person to be competent witness.

What this section does

An accused person is a competent witness for the defence and may give evidence on oath in disproof of charges, but only on his own written request; his failure to give evidence cannot be commented upon or give rise to any presumption against him or co-accused. Persons against whom proceedings are instituted under specified sections (including maintenance, security for peace, and related chapters) may also offer themselves as witnesses. In proceedings under sections 127, 128, or 129, failure to give evidence similarly cannot be commented upon or raise any presumption.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Accused · Court · Co-accused

Derived from CrPC s.315.