Section 315 of the Criminal Procedure lays down that:
“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 defence 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.”
Thus, this provision makes it quite clear that while an accused is a competent witness and can give evidence in the court, he shall not be called as a witness except on his own request in writing.
Thus, an accused can become a witness during trial only if he wants. The prosecution, or you as the complainant in your private complaint case, cannot force the accused to become a witness and give his evidence.
However, if the accused voluntarily decides to become a witness in the trial and give evidence, then you can definitely cross-examine him.
But, if the accused does not want to become a formal witness in the trial and does not enter the witness box, then, of course, there is no question of his cross-examination by you as complainant.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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