Section 353 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's a detailed explanation of Section 353 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which pertains to the competency of the accused person to be a witness in criminal proceedings.
🧾 Section 353: Accused Person to Be Competent Witness
(1) Right to Testify:
Competency to Testify: An accused person in a criminal trial is deemed a competent witness for the defense. This means they have the right to testify under oath to disprove the charges against them or any co-accused being tried together.(apnilaw.com)
Voluntary Participation: The accused cannot be compelled to testify. They must submit a written request to the court expressing their desire to testify.(apnilaw.com)
Protection Against Negative Inference: If the accused chooses not to testify, neither the prosecution, defense, nor the court can comment on their silence or draw any negative conclusions from it. This ensures that the accused's decision not to testify does not prejudice their case.
(2) Special Proceedings:
Eligibility to Offer Testimony: In specific proceedings under sections 101, 126, 127, 128, 129, or certain chapters and parts of the BNSS (such as Chapter X and Parts B, C, and D of Chapter XI), the accused may offer themselves as a witness.(aaptaxlaw.com)
Protection in Special Proceedings: In proceedings under sections 127, 128, or 129, if the accused does not testify, their silence cannot be commented upon or used against them. This provision safeguards the accused's rights in these particular proceedings.(apnilaw.com)
⚖️ Legal Significance
Alignment with Constitutional Rights: This section aligns with Article 20(3) of the Indian Constitution, which protects individuals from being compelled to be witnesses against themselves.)
Ensures Fair Trial: By allowing the accused the option to testify voluntarily and protecting their right to silence, this provision upholds the principles of natural justice and ensures a fair trial.(
Prevents Coercion: The requirement for a written request to testify prevents any undue pressure on the accused to take the stand, thereby preserving their autonomy and rights.(
📌 Example Scenario
Scenario: Rahul is charged with theft. He maintains his innocence and wishes to testify in his defense. He submits a written request to the court, and upon approval, he testifies under oath, providing an alibi and presenting evidence supporting his claim.(apnilaw.com)
Outcome: Rahul's voluntary testimony is considered by the court. If he had chosen not to testify, his silence would not have been used against him, ensuring his right to a fair trial was upheld.
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