---
kind: "section"
citation: "18 U.S.C. § 3481"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "3481"
heading: "Competency of accused"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/3481"
units:
  - "Part II — Criminal Procedure"
  - "Chapter 223 — Witnesses and Evidence"
---

# §3481. Competency of accused


In trial of all persons charged with the commission of [offenses](/usc/18/3156.md?p=a-2) against the United States and in all proceedings in courts martial and courts of inquiry in any [State](/usc/18/3077.md?p=5), District, Possession or Territory, the person charged shall, at his own request, be a competent witness. His failure to make such request shall not create any presumption against him.


## Source credit

(June 25, 1948, ch. 645, 62 Stat. 833.)

## Notes

### Historical and Revision Notes

Based on section 632 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (Mar. 16, 1878, ch. 37, 20 Stat. 30).

Section was rewritten without change of substance.

### Statutory Notes and Related Subsidiaries

### Short Title of 1997 Amendment

Pub. L. 105–6, § 1, Mar. 19, 1997, 111 Stat. 12, provided that: “This Act [enacting section 3510 of this title, amending section 3593 of this title, and enacting provisions set out as a note under section 3510 of this title] may be cited as the ‘Victim Rights Clarification Act of 1997’.”