CrPC 315→BNSS 353

CrPC 315 to BNSS 353: Accused person to be competent witness

Section 315 CrPC (1973) replaced by Section 353 BNSS (2023)

View CrPC Section 315 →View BNSS Section 353 →

CrPC 315 to BNSS 353 at a Glance

Section 315 CrPC (Accused person to be competent witness) is now Section 353 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 315 to BNSS 353?

From 1 July 2024, Section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 315 of the Code of Criminal Procedure, 1973. The heading and the text are the same, except for the renumbered cross-references in Section 353(2) BNSS and its proviso. Section 353(2) BNSS reads Section 101 BNSS, Section 126 BNSS, Section 127 BNSS, Section 128 BNSS, Section 129 BNSS, Chapter X of the Sanhita and Chapter XI of the Sanhita where Section 315(2) CrPC read Section 98 CrPC, Section 107 CrPC, Section 108 CrPC, Section 109 CrPC, Section 110 CrPC, Chapter IX of the Code and Chapter X of the Code.

CrPC 315 vs BNSS 353: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section315353
HeadingAccused person to be competent witnessSame
Sub-sections2 sub-sectionsSame
Cross-referencess.98, s.110, s.108s.101, s.129, s.127

CrPC 315 and BNSS 353: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 315, CrPC 1973

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.
BNSS 2023 (in force)

Section 353, BNSS 2023

353. 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 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.

When It Applies: CrPC 315 vs BNSS 353

Under CrPC 315
  1. Section 315(1) CrPC says 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.
  2. The proviso at Section 315(1)(a) CrPC says he shall not be called as a witness except on his own request in writing.
  3. The proviso at Section 315(1)(b) CrPC says 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.
  4. Section 315(2) CrPC says any person against whom proceedings are instituted in any Criminal Court under Section 98 CrPC, Section 107 CrPC, Section 108 CrPC, Section 109 CrPC, Section 110 CrPC, Chapter IX of the Code or Part B, Part C or Part D of Chapter X of the Code may offer himself as a witness in such proceedings.
  5. The proviso to Section 315(2) CrPC says that in proceedings under Section 108 CrPC, Section 109 CrPC or Section 110 CrPC, 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.
Under BNSS 353
  1. Section 353(1) BNSS says 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.
  2. The proviso at Section 353(1)(a) BNSS says he shall not be called as a witness except on his own request in writing.
  3. The proviso at Section 353(1)(b) BNSS says 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.
  4. Section 353(2) BNSS says any person against whom proceedings are instituted in any Criminal Court under Section 101 BNSS, Section 126 BNSS, Section 127 BNSS, Section 128 BNSS, Section 129 BNSS, Chapter X of the Sanhita or Part B, Part C or Part D of Chapter XI of the Sanhita may offer himself as a witness in such proceedings.
  5. The proviso to Section 353(2) BNSS says that in proceedings under Section 127 BNSS, Section 128 BNSS or Section 129 BNSS, 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.

What CrPC 315 to BNSS 353 Means in Practice

From 1 July 2024, the provision in Section 315 CrPC is found in Section 353 BNSS. Section 353(1) BNSS has the same words as Section 315(1) CrPC. Section 353(2) BNSS and its proviso differ from Section 315(2) CrPC only in the section and chapter numbers they cite.

FAQs: CrPC 315 to BNSS 353

Did Section 353(1) BNSS use different words from Section 315(1) CrPC?▼

No. Section 353(1) BNSS has the same words as Section 315(1) CrPC, including the provision that any person accused of an offence before a Criminal Court shall be a competent witness for the defence, the proviso that he shall not be called as a witness except on his own request in writing, and the proviso on comment and presumption.

Which section and chapter numbers differ between Section 353(2) BNSS and Section 315(2) CrPC?▼

Section 353(2) BNSS reads Section 101 BNSS, Section 126 BNSS, Section 127 BNSS, Section 128 BNSS, Section 129 BNSS, Chapter X of the Sanhita and Chapter XI of the Sanhita where Section 315(2) CrPC read Section 98 CrPC, Section 107 CrPC, Section 108 CrPC, Section 109 CrPC, Section 110 CrPC, Chapter IX of the Code and Chapter X of the Code.

Which sections does the proviso to Section 353(2) BNSS name?▼

The proviso to Section 353(2) BNSS names Section 127 BNSS, Section 128 BNSS and Section 129 BNSS, where the proviso to Section 315(2) CrPC named Section 108 CrPC, Section 109 CrPC and Section 110 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·