Section 353.   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 that the same trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under
section 101, or section 126 or section 127, or section 128, or section 129, or under Chapter X
or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such
proceedings:
Provided that in proceedings under section 127, section 128, or section 129, 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.