Bare ActsThe Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version)

Section 353

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(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. Power to examine accused. Oral arguments and memorandum of arguments. Accused person to be competent witness. 106 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 106 THE GAZETTE OF INDIA EXTRAORDINARY [Part II- ꯃꯔꯥꯜꯂꯩꯕꯁꯤꯡꯕꯨ ꯊꯤꯖꯤꯟꯕꯒꯤꯁꯛꯇꯤ ꯫ ꯆꯤꯟꯒꯤꯑꯣꯏꯕ ꯌꯦꯠꯅꯕꯁꯤꯡ ꯑꯃꯁꯨꯡꯌꯦꯠꯅꯕꯒꯤ ꯃꯦꯃꯣꯔꯦꯟꯗꯝ꯫ ꯃꯔꯥꯜꯁꯤꯈ꯭ꯔꯕ ꯃꯤꯑꯣꯏꯑꯗꯨꯅ ꯃꯇꯤꯛꯆꯥꯕꯁꯥꯈꯤ ꯑꯣꯏꯕ꯫

Section 353 – The Bharatiya Nagarik Suraksha Sanhita, 2023 (Draft stage of translated version) | DailyLaw.ai