A very practical trial-strategy question is whether an accused can be examined as a witness in his own defence in Delhi, and the answer is yes — Indian law specifically provides for this possibility, though it involves important considerations worth understanding before exercising this option. An accused can indeed be examined as a witness in his own defence in Delhi under Section 315 CrPC (now the corresponding BNSS provision), which specifically allows an accused person to give evidence on their own behalf, disproving the older common law position where an accused was generally not permitted to testify at all in their own defence.

Where an accused chooses to be examined as a witness in his own defence in Delhi, it is important to understand that this is entirely voluntary — the accused cannot be compelled to testify, and choosing not to do so cannot itself be treated as an admission of guilt or held against the accused in any adverse manner — but once the accused does choose to testify, they become subject to cross-examination by the prosecution just as any other witness would be, meaning this decision carries real strategic implications that require careful consideration with experienced counsel. The decision to testify is often influenced by factors such as the overall strength of the prosecution's case, whether the accused has a genuinely credible and coherent account that would benefit from direct presentation to the court, and the accused's own composure and credibility as a potential witness under the pressure of cross-examination.

It is worth understanding that this differs meaningfully from the accused's statement recorded under Section 313 CrPC (now the corresponding BNSS provision), which is a separate, mandatory procedural step where the accused is given an opportunity to explain incriminating circumstances but which is not itself evidence subject to cross-examination, unlike formal testimony given as a witness under Section 315.

Given how significant and strategically nuanced this decision genuinely is, careful consultation with experienced trial counsel before deciding whether to testify is essential. Our legal experts at Aapka Legal Advice include retired judges who can help you weigh whether testifying serves your specific case's interests. Our Criminal Lawyers in Delhi | Aapka Legal Advice regularly advise clients on this important strategic decision in Delhi criminal trials.

In conclusion, an accused can indeed be examined as a witness in his own defence in Delhi, though this remains an entirely voluntary decision carrying significant strategic implications that should be made only after careful consultation with experienced defence counsel.