Section 353 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Code: Section 353, Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the right of an accused person to testify in their own defense in criminal proceedings. It states that:
- An accused person is a competent witness: They can give evidence in their defense.
- Evidence must be given on oath: This ensures the truthfulness of the testimony.
- Accused can testify about charges against them or co-accused: They can offer evidence to refute the charges against themselves or those against others who are being tried simultaneously.
- Requirement for written request: The accused cannot be called as a witness unless they make a written request to do so.
- No adverse inference from silence: The accused’s failure to testify cannot be used against them or any co-accused.
- Extension to specific proceedings: This right is extended to individuals facing charges under specific sections of the BNSS, including those related to offenses against the state, public order, and certain other criminal offenses.
Illustration:
Imagine someone is accused of theft. Under Section 353, they have the right to testify in their own defense. They can take the witness stand, give evidence under oath, and offer explanations or alibis to counter the charges against them. However, they must first make a written request to the court to testify. Furthermore, the court or the prosecution cannot use their silence as evidence of guilt.
Common Questions and Answers:
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Q: Can an accused person be forced to testify?
A: No. They can only be called as a witness upon their written request. -
Q: What if the accused person chooses not to testify?
A: Their silence cannot be used against them. The court or other parties cannot comment on their decision not to testify. -
Q: Does this section apply to all criminal offenses?
A: While it applies to most criminal offenses, certain exceptions might exist based on the specific nature of the charges.
