Code
(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.
Explain the Code
Section 315 states that an accused person is a competent witness in their own trial. This means they have the right to testify in their defense and can be questioned by both the prosecution and the defense. However, the accused person is not compelled to give evidence against themselves, meaning they can choose not to testify if they wish.
This section is based on the principle of “right to silence” and the “privilege against self-incrimination“. These principles are enshrined in the Indian Constitution and are considered fundamental rights.
Illustrate the Code
Let’s imagine a case where a person is accused of theft. They have the right to appear as a witness in their own trial and can choose to give evidence about their whereabouts on the day of the theft or any other relevant information that could help their case. However, they are not obligated to testify and can choose to remain silent if they prefer.
Common Questions and Answers
Q: Can an accused person be forced to testify?
A: No, an accused person cannot be forced to testify against themselves. They have the right to remain silent.
Q: What happens if an accused person chooses not to testify?
A: The court cannot draw any adverse inferences against the accused for their silence. It is important to remember that the burden of proof always lies with the prosecution.
Q: Does this mean an accused person can lie on the stand?
A: No. While an accused person can choose to testify or remain silent, they cannot lie under oath. If they are found to be lying, they can be charged with perjury.
