353. (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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 351 Power to examine accused
Section 352 Oral arguments and memorandum of arguments
Section 353 Accused person to be competent witness
Section 354 No influence to be used to induce disclosure
Section 355 Provision for inquiries and trial being held in absence of accused in certain cases
Section 356 Inquiry, trial or judgment in absentia of proclaimed offender
Section 357 Procedure where accused does not understand proceedings
Section 358 Power to proceed against other persons appearing to be guilty of offence