Accused person to be competent witness
Section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with accused person to be competent witness. 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 o The Act came into force on 01 Jul 2024.
(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.
Section 353, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 315 Accused person to be competent witness Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi)
Decided under Code of Criminal Procedure 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A prosecutrix's testimony in a rape case, if found to be worthy of credence and reliable, requires no corroboration and can sustain a conviction. A woman who is the victim of sexual assault stands at a higher pedestal than an injured witness as she suffers from emotional injury. Her evidence must be appreciated in the background of the entire case with heightened sensitivity. Threats and coercion negate any notion of consent, and a minor cannot legally consent to sexual intercourse regardless of her apparent willingness or voluntary accompaniment. The court must not allow infirmities in investigation to undermine the credibility of victim testimony when the evidence is otherwise reliable.
On this section: Examination of accused as witness - Appellant Mohd. Imran Khan examined himself as DW.5 under this section.
-
Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi)
Decided under Code of Criminal Procedure 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The testimony of a prosecutrix in a rape case, if found to be worthy of credence and reliable, does not require corroboration from other witnesses or evidence to secure conviction; the court may convict the accused on the sole testimony of the prosecutrix if satisfied of its truthfulness. A woman in Indian society would not falsely accuse someone of rape knowing the severe social consequences and stigma she would face throughout her life. Therefore, her credible testimony must be evaluated with appropriate sensitivity to the trauma of rape, and the court should have no hesitation in accepting her evidence when it bears marks of reliability. The presence of knife threats, coercion, and the minor age of the victim are material factors negating the effect of the victim's voluntary accompanying of the accused, and do not indicate consent.
On this section: Right of accused to examine themselves as witness; Appellant Imran Khan exercised this right to testify in his defense.
-
Dehal Singh vs State of H. P
Decided under Code of Criminal Procedure 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When contraband is recovered from a private vehicle in which an accused is traveling, both the driver and passengers are presumed to have conscious possession of such contraband. The burden then shifts to the accused to prove that possession was not conscious. Mere statements under Section 313 CrPC without examination as a witness under oath are insufficient to discharge this burden. Weight discrepancies in forensic samples are immaterial when field weighing is done using non-precision scales (such as grocery shop scales) and laboratory weighing is done using precision scales, provided there is no evidence of tampering with or mishandling of the samples. Compliance with procedural requirements under Section 50 of the NDPS Act (regarding search of persons) is satisfied by offering the accused an option to be searched before a Gazetted Officer or Magistrate when the primary object of search is a vehicle, and personal search occurs incidentally after arrest at the police station.
On this section: Referenced regarding right of accused to examine themselves as witness in defense
-
Shaikh Maqsood vs State of Maharashtra
Decided under Code of Criminal Procedure 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A conviction cannot be sustained if the accused was not afforded a fair opportunity to explain circumstances appearing in evidence against him through proper questioning under Section 313 CrPC. Specifically, when no question was put to the accused establishing his authorship of the crime, or when material circumstances are not put to him separately, distinctly, and in comprehensible language, the conviction is infirm in law. The trial court must ensure that each material substance intended to be used against the accused is put to him separately in a manner that even an illiterate or perturbed mind can appreciate and understand.
On this section: Referenced in the judgment to note that the importance of Section 313 examination remains unaltered even after insertion of Section 315
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 353
What have the courts held on Section 353 of the Bharatiya Nagarik Suraksha Sanhita?
Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi) (10 Oct 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 315, which this section replaced -- the court never mentioned this Act: Examination of accused as witness - Appellant Mohd. Imran Khan examined himself as DW.5 under this section. Another 3 judgments on this section are set out below, all of them from the Supreme Court. They run from 2009 to 2011.
How do I find court cases under Section 353 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 353, section 353 BNSS, section 353 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 353 2 in hindi and bnss 353 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Mohd. Imran Khan vs State(govt. of National Cap. Ter. of Delhi) (10 Oct 2011).
What should I read with Section 353 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 101 (Power to compel restoration of abducted females), section 126 (Security for keeping peace in other cases), section 127 (Security for good behaviour from persons disseminating certain matters), section 128 (Security for good behaviour from suspected persons), and on 1 further provision, so none of them can safely be read on its own. It carries forward CrPC 315 (Accused person to be competent witness), so the judgments decided under that provision are the case law on this one.
When did Section 353 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 353 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 353, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.