What is Section 315 CrPC case law?
Asked by: Dr. Anahi Romaguera DVM | Last update: June 30, 2026Score: 4.4/5 (61 votes)
Section 315 of the Code of Criminal Procedure (CrPC) governs an accused person's right to become a competent witness in their own defense. It allows an accused to testify under oath to disprove charges against them, provided they submit a written request to do so.
What is the purpose of CrPC section 315?
Purpose of Section 315 CrPC
Section 315 CrPC grants the accused the right to give evidence on oath to disprove charges against them Sarla Rani Vadehra VS State - 1999 0 Supreme(Raj) 46Anandaraj VS S. R.
What are the rights of the accused under 315 CrPC?
Section 315 of the Code of Criminal Procedure (CrPC) makes an accused person a competent witness for their own defence. This means they can give evidence under oath to fight the charges against them or a co-accused. But it's their call to make, and it must be put in writing.
What is Section 315 of the CrPC?
Description. he shall not be called as a witness except on his own request in writing; 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.
Can an accused person be a competent witness?
Introduction. According to Section 315 of the Criminal Procedure Code, 1973 (CrPC), an accused can be a competent witness for the defence and like any other witness he is entitled to give evidence on oath in order to disprove the case brought against him by the prosecution.
RIGHT TO SELF DEFENCE OF ACCUSED : Setion 315 Cr.Pc|Episode |6
Who cannot be a witness?
Thus no person is particularly declared to be incompetent. Sections 118 to 121 and 133 deal with the competency of the persons who can appear as witnesses. Every person is competent to testify unless that he is not able to understand the questions put to him or to give rational answer to them.
What is a trap witness?
Accomplice evidence is addressed by Sections 133 and 114(b) of the Evidence Act, which...that a trap/decoy witness is an “interested witness”, with an ulterior or other than ordinary motive for ensuring the inculpation and punishment of the accused.
Who can discharge the accused?
Under Section 227 of the CrPC, the trial Court is required to discharge the accused if it "considers that there is not sufficient ground for proceeding against the accused". However, discharge under Section 239 of the CrPC can be ordered, when "the Magistrate considers the charge against the accused to be groundless".
Can a prosecution witness be called as a defense witness?
It was also stated that the prosecution has consequentially chosen to discharge the said witness and, therefore, he has not been put in the witness box to depose on behalf of the prosecution. In such view of the matter, there is no bar in the law for examining the said witness as defence witness.
What does Article 315 speak about?
Public Service Commissions for the Union and for the States. Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
What are the five rights that the accused has when suspected of a crime?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
What rights do accused persons have?
They include the rights to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation.
What is the constitutional right to confront your accuser?
The constitutional right to face your accuser is guaranteed by the Confrontation Clause of the Sixth Amendment, which states that in all criminal prosecutions, the accused has the right "to be confronted with the witnesses against him". This ensures witnesses testify in person, under oath, and subject to cross-examination.
What are the benefits of article 315?
The crime of estafa, as defined under Article 315, addresses acts that involve deceit or fraud, resulting in damage or prejudice to another party. It seeks to deter fraudulent schemes that erode trust in commercial and personal transactions, thereby safeguarding economic stability, social order, and public confidence.
What are the 4 stages of crime?
The four stages of crime, representing the progression from mental thought to completed action, are intention, preparation, attempt, and accomplishment/commission. While criminal law generally only punishes the latter two stages (attempt and accomplishment), all four are crucial in establishing criminal liability, especially under principles like mens rea (guilty mind) and actus reus (guilty act).
Is 315 IPC bailable or not?
Classification : This section is Non-bailable, Cognizable and Non-compoundable.
What are the 7 stages of a case?
The 7 stages of a civil lawsuit generally include: investigation/evaluation, filing the complaint, discovery, settlement discussions, trial, final outcome/judgment, and potential appeals. These steps move from initial dispute assessment to formal litigation, evidence gathering, negotiation, and final resolution.
What are three levels of crime?
In criminal law, particularly within the Revised Penal Code, the three stages of execution are attempted, frustrated, and consummated. These stages indicate how far the offender has progressed in performing the acts necessary to achieve their objective, directly affecting the penalty.
What are the four core crimes?
ICL outlines four main categories of international crimes: genocide, crimes against humanity, war crimes and the crime of aggression.
What is the 315 law?
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the ...
What bodies does Article 315 create?
Article 315, Constitution of India 1950
(1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.
What is the violation of Article 315?
ESTAFA Under Article 315, estafa is committed by defrauding another person through false pretenses or fraudulent acts executed prior to or simultaneously with the act of defraudation.
What does the Sixth Amendment guarantee to people accused of crimes?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Can you just say "I plead the fifth"?
Yes, you can plead the Fifth if you're subpoenaed, but it depends on the context. If answering a question could incriminate you, you have the right to refuse to answer under the Fifth Amendment — even in court.
Who can invoke the 25th Amendment against the president?
Under Section 4 of the 25th Amendment, the Vice President and a majority of the Cabinet can formally declare the President unable to discharge their duties. This action triggers an immediate transfer of power to the Vice President as Acting President.