Vidhara

The Code of Criminal Procedure, 1973

§315Accused 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 that 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 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.

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Official text: India Code (official)

Official India Code text: The Code of Criminal Procedure, 1973 (2 of 1974), English PDF (bitstream 123456789/15272/1/the_code_of_criminal_procedure,_1973.pdf, 1,879,339 bytes) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-16. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser. Repealed by BNSS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending.

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