Chapter XXIV
Section 315 CrPC: Accused person to be competent witness
New Law Update (2024)
Section 340 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Section 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 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.
Important Sub-Sections Explained
Section 315(1) CrPC
This sub-section grants an accused person the fundamental right to choose to be a competent witness in their own defence and testify under oath to disprove the charges against them or co-accused. Critically, it also includes a proviso that strictly protects the accused’s right to silence, stipulating that they can only be called as a witness if they make a written request, and their decision not to testify cannot be commented upon by any party or the Court, nor can it create any adverse presumption.
Landmark Judgements
Surjit Singh v. State of Punjab (1993):
The Supreme Court clarified that an accused person, while competent to testify for the defence under Section 315 CrPC, cannot be compelled to do so. Their failure to give evidence cannot be made the subject of comment by any party or the Court, nor can it give rise to any presumption against them, upholding the fundamental right to silence.
Om Prakash v. State of Haryana (1999):
The Supreme Court held that when an accused chooses to depose as a witness under Section 315 CrPC, their evidence must be treated on par with that of any other witness. It is subject to cross-examination and has to be assessed on its own merits, without any special presumption merely because it emanates from the accused.
Draft Format / Application
IN THE COURT OF THE [Jurisdiction, e.g., CHIEF JUDICIAL MAGISTRATE / SESSIONS JUDGE], [City/District]
Criminal Case No. [____] of [Year]
IN THE MATTER OF:
THE STATE / [Complainant Name]
… (Prosecution)
Vs.
[Accused Name]
S/o. [Father’s Name], R/o. [Address]
… (Accused)
FIR No. [____] Dated: [____]
Police Station: [____]
Under Sections: [Relevant IPC/Other Act Sections]
APPLICATION UNDER SECTION 315 OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR PERMISSION TO DEPOSE AS A DEFENCE WITNESS
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned case is presently pending adjudication before this Hon’ble Court.
2. That the prosecution has concluded its evidence and the statement of the accused under Section 313 CrPC has been recorded.
3. That the applicant/accused desires to offer himself as a competent witness for the defence to give evidence on oath in disproof of the charges made against him.
4. That the applicant/accused undertakes to depose truthfully and is fully aware of the implications of giving evidence on oath.
5. That this application is being made voluntarily and at the sole request of the applicant/accused.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to grant permission to the applicant/accused to depose as a defence witness under Section 315 of the Code of Criminal Procedure, 1973.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [____]
Place: [____]
(Signature of Applicant/Accused)
[Applicant/Accused Name]
Through
(Signature of Advocate)
[Advocate’s Name]
[Advocate’s Enrolment No.]
[Contact Details]