Power to examine accused.
What this section does
The Court may at any stage put questions to the accused to enable him to explain circumstances appearing in evidence against him, and must question him generally after prosecution witnesses are examined and before he is called for defence. No oath is administered during such examination, and the accused cannot be punished for refusing to answer or giving false answers. Answers given may be used in evidence for or against the accused in the same or other proceedings.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Court · Accused · Prosecutor · Defence Counsel
Practitioner note
The Supreme Court in Raj Kumar Singh v. State of Rajasthan (2013) 5 SCC 722 held that failure to put incriminating circumstances to the accused under s.313 CrPC (now s.351 BNSS) vitiates the trial if prejudice is caused. Sub-section (5) is a new addition in BNSS allowing the Court to take help of Prosecutor and Defence Counsel in framing questions and permitting filing of a written statement.
- CRPC Section 313 — Power to examine the accused
Read the official text
For the binding statutory text of BNSS Section 351, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 351 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.