Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📘 Section 351 – Power to Examine the Accused
Purpose:
Section 351 outlines the procedure for examining the accused during an inquiry or trial, ensuring they have an opportunity to personally explain any circumstances appearing in the evidence against them.
Key Provisions:
Court's Authority to Question the Accused:
At Any Stage: The court may, without prior warning, ask the accused questions it deems necessary.
After Prosecution's Witnesses: Before the accused presents their defense, the court must question them generally about the case.
Summons Case Exception: In a summons case where the court has dispensed with the personal attendance of the accused, it may also dispense with their examination under this clause.
No Oath Administered: The accused is not required to take an oath during this examination.
Protection Against Punishment:
Refusal to Answer: The accused cannot be punished for refusing to answer the court's questions.
False Answers: Providing false answers does not render the accused liable to punishment under this section.
Use of Answers as Evidence: The responses given by the accused may be considered in the current inquiry or trial and can be used as evidence in any other inquiry or trial for offenses that the answers may suggest the accused has committed.
Assistance in Preparing Questions:
Role of Legal Counsel: The court may seek assistance from the prosecutor and defense counsel in preparing relevant questions to be posed to the accused.
Written Statement: The court may permit the accused to file a written statement as sufficient compliance with this section.
Illustrative Example:
Scenario: During a trial for theft, the court wishes to question the accused about certain discrepancies in the evidence presented.
Application of Section 351: The court may ask the accused questions at any stage, without prior warning, to allow them to explain the circumstances. The accused is not required to take an oath, and they cannot be punished for refusing to answer or for providing false answers.
Conclusion:
Section 351 of the BNSS, 2023, ensures that the accused has a fair opportunity to explain any circumstances appearing in the evidence against them. It protects their rights by allowing them to refuse to answer questions without facing punishment and by permitting written statements as an alternative to oral examination.
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