(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.
Bharatiya Nagarik Suraksha Sanhita
Section 351
Power to examine accused
⚡ Quick Answer Reference: Section 351 BNSS
- Provision: Section 351 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows a court to question an accused person to clarify circumstances against them, without warning, and at any stage of the inquiry or trial.
What does Section 351 of BNSS say?
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What does Section 351 of BNSS mean?
Plain English Explanation
This section allows a court to question an accused person to clarify circumstances against them, without warning, and at any stage of the inquiry or trial.
Practical Interpretation
In practice, this section enables the court to directly interact with the accused, facilitating a clearer understanding of the case and potentially influencing the direction of the trial.
Core Legal Purpose
The core purpose is to provide the accused an opportunity to personally explain evidence against them, ensuring a fair trial by allowing the court to consider the accused's perspective.
- •The court has the discretion to question the accused at any stage of the inquiry or trial.
- •The court must question the accused generally on the case after the prosecution witnesses have been examined, unless it's a summons case where the accused's personal attendance has been dispensed with.
- •The key legal test is whether the questions are necessary for the court to understand the circumstances against the accused.
- •A key exception is in summons cases where the court may dispense with the accused's examination if it has also dispensed with their personal attendance.
Practical Example of Section 351 BNSS
Rajesh is accused of theft. During the trial, the court decides to question him directly under Section 351 to clarify discrepancies in his alibi. Rajesh's responses are considered as part of the evidence, helping the court to assess his involvement in the crime.
Frequently Asked Questions about Section 351 BNSS
Q: What is the punishment or consequence under Section 351 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It focuses on the process of examining the accused.
Q: Does this section apply to private individuals or public entities?
This section applies to accused individuals in legal proceedings, regardless of whether they are private individuals or associated with public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather a procedural aspect of trials and inquiries. Therefore, it does not classify an offence as bailable or cognizable.
Common Questions about Section 351 BNSS
What is Section 351 of BNSS?
Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to examine accused". In plain terms: This section allows a court to question an accused person to clarify circumstances against them, without warning, and at any stage of the inquiry or trial.
What is the punishment under Section 351 of BNSS?
Section 351 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 351 of BNSS bailable or non-bailable?
Whether Section 351 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 351 of BNSS?
The essential elements of Section 351 of BNSS are: The court has the discretion to question the accused at any stage of the inquiry or trial.; The court must question the accused generally on the case after the prosecution witnesses have been examined, unless it's a summons case where the accused's personal attendance has been dispensed with.; The key legal test is whether the questions are necessary for the court to understand the circumstances against the accused..
Landmark Judgments under Section 351 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 351
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