What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases? Section 315, 316 and 317 of Code of Criminal Procedure 1973

Accused person to be competent witness, No Influence to be used to induce disclosure and Provision for inquiries and trial being held in the absence of accused in certain cases are defined under Section 315, 316 and 317 of CRPC 1973. Provisions under these sections are:

Section 315 of CRPC "Accused person to be competent witness"

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may, 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 own request in writing :

(b) his failure to give evidence shall not be made subject of any comment by any of the parties the Court or give rise to any presumption ago himself or any person charged together with that the same trial.

(2) Any person against whom proceedings are instituted in any Criminal Court under Section 98, or Section 107, Section 108, or Section 109, or Section 110, or under Chapter IX or under Part B, Part C or Part D or 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 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.

Section 316 of CRPC "No Influence to be used to induce disclosure"

Except as provided in Section 306 and 307, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

Section 317 of CRPC "Provision for inquiries and trial being held in the absence of accused in certain cases"

(1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

STATE AMENDMENT
Gujarat
In the principal Act, to section 317, the following Explanation shall be added, namely: -

"Explanation:-For the purpose of this section "Personal attendance of the accused" shall include his attendance through the medium of Electronic Video Linkage as provided in section 273."

[Vide Gujarat Act 31 of 2017, s. 6.]