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CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 351: Power to examine accused

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 2 of our papers cite Section 351. Try these from the free papers:

  1. 1. Consider the following statements regarding the examination of the accused under Section 351 of the BNSS: 1. No oath shall be administered to the accused when he is so examined. 2. The accused renders himself liable to punishment if he gives false answers to the questions put to him. 3. The Court may permit the filing of a written statement by the accused as sufficient compliance with the section. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita