Code of Criminal Procedure Act, 1973
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 defense 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
or 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.