Introduction to Section 353 BNSS
Section 353 BNSS is a powerful legal safeguard for accused persons in a criminal trial. It ensures that an accused has the right to give evidence in their defence, but only if they choose to do so voluntarily. This provision protects the accused from being compelled to testify and upholds the right to a fair trial. It is a progressive step under the Bharatiya Nagarik Suraksha Sanhita, 2023.
What is BNSS Section 353 ?
BNSS 353 gives every accused person a legal option to testify during their own trial. It also protects the accused from compulsion or punishment for choosing to remain silent. The court cannot make negative comments or assumptions about their silence. It also includes special provisions for other proceedings like Sections 101, 126 to 129, and Chapters X and XI of BNSS. This ensures equality and fairness during the legal process.
BNSS Section of 353 in Simple Points
1. Accused Has Right to Testify
BNSS Section 353 empowers an accused person to act as a witness for themselves in a criminal case. This is only allowed if the accused makes a written request to the court. The law ensures that giving testimony is a voluntary right, not a forced action. This helps the accused share their side of the story in their own words. This right promotes fairness in trials. It can help bring out important facts that might otherwise be missed. The court must respect this right fully and fairly.
2. No Negative Inference from Silence
If the accused chooses not to testify, no comment or assumption can be made against them. The judge, prosecution, or defence cannot use the silence of the accused as a sign of guilt. This is a core principle of natural justice under BNSS 353. It respects a person’s right to remain silent without fear. Even in joint trials, silence by one person cannot harm the case of another. This creates a fair and neutral courtroom environment. It prevents misuse of silence as evidence.
3. Applies to Other Proceedings Too
BNSS Section 353 also applies to preventive and quasi-criminal proceedings under certain sections. These include Sections 101, 126, 127, 128, 129, and parts of Chapter X and Chapter XI of BNSS. This allows people facing preventive action to also testify voluntarily. But even in these cases, silence cannot be used against the individual. This wide coverage shows the law’s focus on due process. It supports justice across various types of cases. The same protections apply in all included proceedings.
4. Testimony on Oath Allowed
When the accused chooses to testify under BNSS 353, they may do so under oath. Their statement can be used like any other evidence during the trial. However, if they do not want to testify, no one can compel them. This balances the rights of the accused with the need for truth in justice. It offers a chance for the accused to clarify or deny allegations directly. But the law ensures this remains a voluntary option, not a compulsory one.
5. Promotes Transparency and Fair Trials
BNSS 353 supports transparency in criminal justice. By allowing the accused to testify on their own behalf, it gives them a direct voice. This can help the court understand the full picture of the case. But the law also ensures this is not misused or made mandatory. The right to testify or remain silent rests entirely with the accused. This dual choice helps in protecting innocent people and ensuring real culprits are punished. It strengthens the rule of law in every trial.
353 BNSS Overview
Section 353 allows an accused person to act as a competent witness in their own case. However, this can only be done on a written request by the accused. The section makes it clear that no negative inference can be drawn if the accused chooses not to testify. The aim is to balance the justice system by allowing the accused to defend themselves while preserving the right to silence. It also covers certain preventive and quasi-criminal proceedings.
BNSS Section 353: Accused Person to Be Competent Witness
1. Right of the Accused to Testify in Court
BNSS Section 353 grants every accused person the right to act as a witness in their own defence. This means the accused can choose to testify on oath to disprove the charges made against them. They can also give evidence to defend others being tried with them. However, this right is completely voluntary and not compulsory. It strengthens the idea that the accused is presumed innocent until proven guilty. This provision is important for allowing the accused to present their own version of events directly before the court.
2. Testimony Only Upon Written Request
An important condition under BNSS 353 is that the accused cannot be forced to give evidence. The accused must make a written request to testify as a witness. Without such a request, they cannot be called to the witness box. This protects the accused from being put under pressure or coercion. It gives full control to the accused to decide whether or not to speak in their own defence. This provision ensures the right to silence is upheld in criminal trials, a key part of fair trial procedures.
3. No Negative Presumption If Accused Remains Silent
Section 353 strictly prohibits drawing negative conclusions if the accused does not give evidence. Neither the court nor the lawyers can comment negatively on the accused’s decision to remain silent. This rule is especially important because it preserves the presumption of innocence and ensures the burden of proof remains on the prosecution. The silence of the accused should not harm their defence. This balances the system by protecting the rights of individuals facing serious criminal allegations.
4. Applicability to Specific Proceedings
This section also applies to certain special proceedings, including those under Sections 101, 126–129, and Chapters X and XI of BNSS. In these proceedings, the person being tried also has the right to testify on their own behalf. However, even here, failure to testify cannot be used against them in specific sections. This extension ensures that even in quasi-criminal and preventive proceedings, constitutional safeguards remain intact. It brings procedural uniformity across various types of legal actions.
5. Protection from Coercion or Misuse
BNSS 353 reinforces that the accused cannot be compelled to testify, nor punished for not speaking. This discourages courts and prosecutors from pressuring the accused into giving statements that may be misused. It ensures that testimony is given freely and truthfully without fear of manipulation. The provision protects the accused’s mental and legal autonomy, especially when they are vulnerable. It aligns with the principles of natural justice and human dignity.
6. Joint Trials – Same Protection for All Accused
When multiple people are being tried together, BNSS 353 ensures that one person’s silence doesn’t affect the others. No presumption of guilt can be made against anyone just because one or more co-accused didn’t testify. This rule safeguards collective fairness in joint trials. It prevents collective punishment or bias and keeps the trial focused only on evidence. This is essential in maintaining judicial objectivity and equal treatment under the law.
7. Encouragement to Participate, Not Compulsion
Though Section 353 gives the accused a chance to testify, it does not pressurize or incentivize them unfairly. It simply gives them a tool of defence that can help clear their name. The idea is to encourage truthful defence, not forced explanations. This approach creates a balance between rights and responsibilities in the courtroom. It makes the accused an active participant if they choose to be, without making it mandatory.
8. Reinforcement of Fair Trial Principles
This section is built on the core values of the Indian Constitution, especially the right to life and liberty. It ensures that the trial is fair, impartial, and not tilted against the accused. By protecting their choice to stay silent or speak, BNSS 353 supports justice based on evidence, not assumptions. It ensures trust in the legal system by giving all parties equal space to defend or prosecute within proper rules. It respects individual rights while preserving the integrity of the court.
9. Historical Continuity and Legal Clarity
BNSS Section 353 continues the legacy of similar provisions in older laws like CrPC, but with clearer wording and scope. It codifies legal practices already followed in courts and provides updated guidance. By doing so, it helps lawyers and judges apply the law without confusion. It also reduces ambiguity for the accused. This improves the overall efficiency and fairness of criminal trials, ensuring better justice outcomes.
10. Strengthens Trust in Legal Process
In a country with a diverse legal landscape like India, laws like BNSS 353 help ensure uniform justice delivery. Whether the accused is rich or poor, educated or uneducated, the right to be a witness in one’s own defence creates equal opportunity to fight back legally. It enhances public trust in courts and safeguards against wrongful conviction. The section’s real power lies in empowering the accused with a dignified legal voice, should they choose to use it.
Example 1:
Ravi is accused of theft and is on trial. He believes that he can prove his innocence by testifying. He submits a written request and appears as a witness in his own defence. The court records his statement, and it helps establish his alibi.
Example 2:
Meena is facing preventive proceedings under Section 127 BNSS. She chooses not to give evidence. As per Section 353, no assumptions are made against her, and the court proceeds without treating her silence as guilt.
BNSS Section 353 Short Information
| Point | Details |
|---|---|
| Section Name | BNSS Section 353 |
| Right to Testify | Accused may become a witness for themselves, but only on making a written request to the court. |
| No Negative Inference | If the accused chooses not to testify, no presumption of guilt or adverse comment is allowed. |
| Applies to Other Proceedings | Also applies to proceedings under Sections 101, 126–129 and Chapters X & XI of BNSS. |
| Testimony on Oath | Accused may testify on oath if they choose; but cannot be forced to do so. |
| Fair Trial Protection | Supports transparency, protects right to silence, and ensures no coercion in testimony. |
Why is BNSS 353 Needed?
BNSS Section 353 is necessary to protect the constitutional right to a fair trial. In a justice system, the accused should have every opportunity to defend themselves, but without pressure or fear. This section ensures that if an accused person wants to speak, they can do so freely. But if they prefer to remain silent, no one can assume they are guilty. It also prevents misuse of silence by prosecutors or judges. The section balances both sides: it gives power to the innocent to prove their case, while still protecting them from wrongful assumptions. This ensures truth, justice, and dignity in the legal process.
BNSS Section 353 FAQs
BNSS 353
Conclusion
BNSS Section 353 gives every accused person the right to testify voluntarily, but only through a written request. At the same time, it protects their right to remain silent by ensuring no adverse inference can be drawn from that silence. The section applies even to preventive and quasi-criminal proceedings and helps maintain fairness, transparency, and constitutional protections throughout the trial process.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs .