- 09-Nov-2024
- Consumer Court Law Guides
(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—
(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.
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the rights of an accused person to serve as a competent witness in their own defense during criminal proceedings. It stipulates that:
A1: Section 353 allows an accused person in a criminal trial to be a competent witness for their defense and to give evidence on oath.
A2: No, an accused person cannot be called as a witness unless they request it in writing.
A3: Their failure to give evidence cannot be commented on by the parties or the Court, nor can it create a presumption of guilt.
A4: Yes, it applies to various proceedings under sections 101, 126, 127, 128, 129, and specific chapters of the Act.
A5: No, in specific proceedings, their failure to testify cannot lead to negative inferences against them or others involved.
Section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023, safeguards the rights of accused individuals by affirming their competence to testify in their defense during criminal trials. It emphasizes voluntary testimony, protects against negative inferences for not testifying, and extends these rights to specific proceedings, ensuring a fair legal process.
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