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Report No. 152

3.26. Section 315: Accused as witness.-

Section 315 of the Code makes the accused a competent witness for the defence in which case he may give evidence on oath in disproof of the charges, but this can be only on his own written request, thus fortifying the constitutional privilege against testimonial compulsion. Section 315(1), proviso (b) further provides that the failure by the accused to give any evidence shall not be made the subject of any comment by the parties or by the court, nor shall it give rise to any presumption against him or against the co-accused.

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