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CrPC Section 313

Power to examine the accused

New section under BNSS

BNSS Section 351— Power to examine accused.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the CrPC.

What the new 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.

For the full text of the new section, see the linked BNSS page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.