Section 353 of BNSS : Section 353: Accused person to be competent witness.

Explanation using Example

Example 1:

Ravi is accused of theft and is being tried in a criminal court. According to Section 353 of The Bharatiya Nagarik Suraksha Sanhita 2023, Ravi has the right to be a witness for his own defense. Ravi decides to give evidence on oath to disprove the charges against him. He submits a written request to the court expressing his desire to testify. During the trial, Ravi takes the stand and provides his testimony, explaining his whereabouts and actions during the time the theft occurred. The court considers his testimony along with other evidence before making a judgment.

Example 2:

Sita and her friend Meera are both accused of cheating in a business deal and are being tried together. Sita wants to testify in her defense to disprove the charges. She submits a written request to the court to be called as a witness. During the trial, Sita gives evidence on oath, explaining her version of events and providing documents to support her claims. Meera, on the other hand, chooses not to testify. According to the provisions of Section 353, the court and the parties involved are not allowed to comment on Meera's decision not to testify, and no negative presumption can be made against her for not giving evidence.

Example 3:

Arjun is facing proceedings in a criminal court under Section 127 for failing to provide maintenance to his elderly parents. Arjun decides not to testify in his defense. According to Section 353(2) of The Bharatiya Nagarik Suraksha Sanhita 2023, his failure to give evidence cannot be commented upon by any party or the court, and no presumption can be made against him for not testifying. The court will make its decision based on the other evidence presented during the proceedings.

Example 4:

Priya is accused of public nuisance under Chapter X of The Bharatiya Nagarik Suraksha Sanhita 2023. She decides to testify in her defense and submits a written request to the court. During the trial, Priya provides her testimony, explaining that she was not present at the location where the nuisance occurred. The court considers her testimony along with other evidence before reaching a verdict. Priya's decision to testify is entirely voluntary, and her testimony is treated as part of the defense evidence.