Sec .313 vs. Sec. 315 of CrPC

Sec .313 and Sec. 315 of Code of Criminal Procedure Code,1973

Provisions of Section 313 CrPC enables the accused to offer his explanation to evidence adduced against him by the prosecution whereas provisions of 315 enable the accused to adduce evidence in his favour. 

                                                   DIFFERENCES

Sec. 313 of CrPC Sec. 351 of BNSS	Sec. 315 of CrPC    Sec. 353 of BNSS
Power to Examine the Accused	Accused Person To be competent Witness
By the Court	By the Accused
Duty of court to give chance to the accused to offer his explanation	Accused holds the duty to offer his explanation as a witness
No oath shall be required under this provision	Oath shall be required under this provision
Statement of accused not constituted as evidence under Sec. 3 of Indian Evidence Act,1872 as there is no oath.	Statement of accused constituted as evidence under Sec. 3 of Indian evidence Act,1872.
Relevant for examining the veracity of the prosecution case or judgement.	Considered as an evidence for the  Defence of the Accused or any person charged together with him at the same trial.
Application is not required in this provision. The court may at any stage can ask questions to the accused without any previous warning.	Accused shall not be called as a witness except on his own request in writing.
Accused is asked to explain himself on court’s discretion but may not be as Witness	Any person accused of an offence before a Criminal Court shall be a competent witness for the defence.
The accused shall not render himself liable to punishment by refusing to answer such questions or by giving false statements.	Failure of such person to give evidence shall not be made the subject of any comment or rise to any presumption against the accused or any other person proceeded against together with him at the same inquiry except under Sec.98 (101 BNSS - minor and spouse are excluded), 107 (126 BNSS- Security for keeping the peace in other cases) or under Chapter IX or under Part B, Part C or Part D of Chapter X

BNSS Sec 348: (CrPC 311): Power to summon material witness, or examine person present.

Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case