(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.
Bharatiya Nagarik Suraksha Sanhita
Section 353
Accused person to be competent witness
⚡ Quick Answer Reference: Section 353 BNSS
- Provision: Section 353 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: An accused person in a criminal case can choose to be a witness for their defence and give evidence on oath to prove their innocence. They must request in writing to be called as a witness. If they don't give evidence, it can't be used against them or anyone else in the same trial.
What does Section 353 of BNSS say?
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What does Section 353 of BNSS mean?
Plain English Explanation
An accused person in a criminal case can choose to be a witness for their defence and give evidence on oath to prove their innocence. They must request in writing to be called as a witness. If they don't give evidence, it can't be used against them or anyone else in the same trial.
Practical Interpretation
In real-life cases, this section means that an accused person can choose to testify on their own behalf, but they must explicitly request to do so in writing. If they don't give evidence, the court and other parties cannot comment on their failure to do so or use it as evidence against them.
Core Legal Purpose
The core purpose of this section is to ensure that an accused person has the right to present their defence and provide evidence to prove their innocence, while also protecting them from being penalized for not giving evidence.
- •The accused person must request in writing to be called as a witness.
- •The accused person's failure to give evidence cannot be made the subject of any comment by any of the parties or the court.
- •The accused person may give evidence on oath to disprove the charges made against them.
- •Proceedings under section 127, 128, or 129 have a specific exception where the failure of the person to give evidence cannot be made the subject of any comment.
Practical Example of Section 353 BNSS
Rajesh is accused of theft and is brought to trial. He decides to testify on his own behalf and requests in writing to be called as a witness. During the trial, Rajesh gives evidence on oath to prove his innocence. If Rajesh chooses not to give evidence, the court and other parties cannot comment on his failure to do so or use it as evidence against him. However, if the case is under section 127, 128, or 129, the court cannot comment on Rajesh's failure to give evidence even if he chooses not to testify.
Frequently Asked Questions about Section 353 BNSS
Q: What is the punishment or consequence under Section 353 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities who are accused of an offence before a Criminal Court.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable, as it is a procedural provision.
Common Questions about Section 353 BNSS
What is Section 353 of BNSS?
Section 353 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Accused person to be competent witness". In plain terms: An accused person in a criminal case can choose to be a witness for their defence and give evidence on oath to prove their innocence. They must request in writing to be called as a witness. If they don't give evidence, it can't be used against them or anyone else in the same trial.
What is the punishment under Section 353 of BNSS?
Section 353 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 353 of BNSS bailable or non-bailable?
Whether Section 353 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 353 of BNSS?
The essential elements of Section 353 of BNSS are: The accused person must request in writing to be called as a witness.; The accused person's failure to give evidence cannot be made the subject of any comment by any of the parties or the court.; The accused person may give evidence on oath to disprove the charges made against them..
Landmark Judgments under Section 353 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 353
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