Section 315 CrPC: Accused person to be competent witness

Code of Criminal Procedure, 1973

Section 315 CrPC at a Glance

Section 315 CrPC deals with accused person to be competent witness. From 1 July 2024 it is replaced by Section 353 BNSS.

Now BNSS

Section 353 →

What Section 315 CrPC Says

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.

Source: Section 315, Code of Criminal Procedure, 1973

Section 315 CrPC in Simple Words

Section 315 of the Code of Criminal Procedure, 1973 says that 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.

Under the first proviso, he shall not be called as a witness except on his own request in writing, and 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.

Section 315(2) CrPC says a person against whom proceedings are instituted 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.

When Section 315 CrPC Applies

  • 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.
  • The proviso at Section 315(1)(a) CrPC says he shall not be called as a witness except on his own request in writing.
  • 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.
  • 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.
  • 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.

Example of Section 315 CrPC

Ramesh and Suresh are accused of an offence and tried together at the same trial before a Criminal Court. Ramesh makes a request in writing to be a witness for the defence and gives evidence on oath in disproof of the charges made against Ramesh. Suresh makes no request in writing, so Suresh shall not be called as a witness under Section 315(1)(a) CrPC. Under Section 315(1)(b) CrPC, the failure of Suresh 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 Suresh or Ramesh.

When Section 315 CrPC Does Not Apply

Section 315 CrPC Under BNSS 353: What Changed

Section 315 CrPC is now covered under Section 353 BNSS.

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.

View detailed comparison (CrPC 315 vs BNSS 353) →

FAQs on Section 315 CrPC

Can an accused person be called as a witness without a written request under Section 315 CrPC?▼

No. The proviso at Section 315(1)(a) of the Code of Criminal Procedure, 1973 says he shall not be called as a witness except on his own request in writing.

What happens if an accused person does not give evidence under Section 315 CrPC?▼

Under the proviso at Section 315(1)(b) of the Code of Criminal Procedure, 1973, 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.

In which proceedings may a person offer himself as a witness under Section 315(2) CrPC?▼

Section 315(2) of the Code of Criminal Procedure, 1973 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.

Where is Section 315 CrPC found in the BNSS from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 315(1) CrPC is found in Section 353(1) BNSS and Section 315(2) CrPC in Section 353(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·