(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.
Legal Commentary & Landmark Judgments: Section 353
Section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that an accused person is a competent witness for the defense, preserving the constitutional protection against self-incrimination.
Section 353 requires delicate tactical judgment. Stepping into the witness box exposes the accused to prosecutorial cross-examination, which should only be advised when documentary alibis or affirmative defenses require direct sworn testimony.