SECTION 315 : ACCUSED PERSON TO BE COMPETENT WITNESS 

Section 315 of Criminal Procedure Code is a foundational provision in Indian law that empowers ‘Accused Person To Be Competent Witnesses’ in their own defense during criminal trials. This article delves into the critical aspects of Section 315 and its profound significance in upholding justice and fairness within the realm of criminal proceedings. It also explores the conditions and restrictions placed on accused persons when they opt to testify in their defense.

COMPETENCE OF ACCUSED AS A WITNESS

• Accused Individuals as Competent Witnesses- Section 315(1) establishes that any individual accused of a criminal offense before a Criminal Court is deemed a competent witness for their defense. This legal recognition bestows upon the accused the right to provide evidence under oath, allowing them to challenge the charges filed against themselves or any co-accused. This recognition is firmly rooted in the principles of a fair trial and the fundamental concept of ‘audi alteram partem’,which mandates that all parties embroiled in a legal dispute have the opportunity to present their side of the story.

CONDITIONS FOR AN ACCUSED TO BE A WITNESS

• Written Request Requirement- Accused individuals can only be summoned as witnesses based on their voluntary, written request. This condition ensures that the decision to testify is entirely of their own volition, devoid of any external coercion.It empowers the accused to exercise their right to present their evidence in defense.
• Prohibition on Comment– Crucially, Section 315(1)(b) explicitly prohibits any party involved, the court, or any other entity from making comments or inferences about the accused’s failure to provide evidence. This provision is thoughtfully designed to prevent any adverse inferences from the accused’s choice to remain silent and firmly reinforces the principle that an accused person cannot be compelled to self-incriminate or suffer negative consequences for choosing not to testify.

APPLICABILITY TO OTHER LEGAL PROCEEDINGS

• Extending Competence to Various Legal Actions– Section 315(2) extends the scope of competent witnesses beyond the conventional criminal trial setting. It allows individuals facing legal actions under specific sections (e.g., Section 98, Section 107, Section 108, Section 109, or Section 110) or within distinct chapters (e.g., Chapter IX, Part B, Part C, or Part D of Chapter X) to offer themselves as witnesses in their own defense. This provision ensures that individuals confronting legal actions in a variety of criminal matters can exercise their right to testify and challenge the allegations against them.

SPECIAL PROVISIONS FOR UNIQUE PROCEEDINGS

• Protecting Rights in Distinctive Cases– In the context of proceedings under Section 108, Section 109, or Section 110, Section 315(2) explicitly states that the accused’s failure to provide evidence shall not invite any comment or presumption against them or other individuals facing the same inquiry. This special provision recognizes the unique nature of these proceedings, often related to preventive actions rather than specific offenses. It safeguards the rights of individuals involved, ensuring that the fundamental principles of justice are upheld.

LEGAL IMPLICATIONS

• Voluntary Testimony– Section 315 aligns with the principle of voluntary testimony. Accused individuals, when deciding to testify, do so willingly. This choice affords them the opportunity to elucidate their version of events and present evidence that bolsters their case.
• Corroboration and Credibility– The evidence provided by an accused person under Section 315 is treated on par with any other piece of evidence. It must be corroborated and evaluated for credibility by the court. The judge and the jury weigh the testimony’s reliability, considering all relevant factors.
• Cross-Examination– While an accused person can choose to be a witness, they are also subject to cross-examination by the prosecution. This constitutes a critical aspect of the trial process, ensuring that the testimony undergoes rigorous testing and scrutiny. The prosecution can challenge the veracity of the accused’s statements.

CHALLENGES AND CONSIDERATIONS

• Self-Incrimination– While Section 315 enables an accused person to be a competent witness, it’s essential to acknowledge that their testimony can potentially incriminate them further. The prosecution can exploit inconsistencies in the accused’s statements to bolster its case.
• Legal Counsel– Accused individuals must be well-informed about the implications of testifying. It’s advisable for them to consult with their legal counsel before making this decision. An experienced attorney can provide guidance on the potential risks and benefits of testifying.

CONCLUSION

Section 315 of the Code of Criminal Procedure,1973 plays a pivotal role in upholding justice, fairness, and the protection of an accused person’s rights in the Indian legal system. It grants accused individuals the competence to become witnesses in their defense, ensuring their voices are heard without fear of adverse consequences for choosing to remain silent. The section thoughtfully balances the accused’s right to testify with the necessity of preventing self-incrimination or the adverse use of their silence. Moreover, its application to various legal proceedings expands the scope of its protective provisions, ultimately contributing to the integrity of the Indian criminal justice system.

Reference

1-https://m.economictimes.com/news/politics-and-nation/uber-cab-rape-casedriver-allowed-to-depose-as-defence-witness/articleshow/46122876.cms -THE ECONOMIC TIMES

2-https://m.timesofindia.com/city/ahmedabad/key-accused-in-2008-serial-blasts-to-enter-witness-box/amp_articleshow/79138452.cms -THE TIMES OF INDIA