CrPC Section 315: Accused person to be competent witness
Code of Criminal Procedure, 1973 · Chapter 24: General Provisions as
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
315. 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 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 or 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 300. Person once convicted or acquitted not to be tried for same offence
- 301. Appearance by public prosecutors
- 302. Permission to conduct prosecution
- 303. Right of person against whom proceedings are instituted to be defended
- 304. Legal aid to accused at State expense in certain cases
- 305. Procedure when corporation or registered society is an accused
- 306. Tender of pardon to accomplish
- 307. Power to direct tender of pardon
- 308. Trial of person not complying with conditions of pardon
- 309. Power to postpone or adjourn proceedings
- 310. Local inspection
- 311. Power to summon material witness, or examine person present
- 311A. Power of Magistrate to order person to give specimen signatures or handwriting
- 312. Expenses of complainants and witnesses
- 313. Power to examine the accused
- 314. Oral arguments and memorandum of arguments
- 316. No influence to be used to induce disclosure
- 317. Provision for inquiries and trial being held in the absence of accused in certain cases
- 318. Procedure where accused does not understand proceedings
- 319. Power to proceed against other persons appearing to be guilty of offence
- 320. Compounding of offences
- 321. Withdrawal from prosecution
- 322. Procedure in cases which Magistrate cannot dispose of
- 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324. Trial of persons previously convicted of offences against coinage, stamp law or property
- 325. Procedure when Magistrate can not pass sentence sufficiently severe
- 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327. Court to be open