Section 351 BNSS: Power to examine accused (Formerly Section 313 CrPC)

Section 351 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to examine accused

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 351

Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the examination of the accused under Section 313 CrPC equivalent, enabling the accused to explain incriminating circumstances.

Core Legal Standard: Section 351 embodies a core constitutional dialogue between the Court and the accused.
Sub-Section (1) Provision: Under sub-section (1)(b), the Court shall, after the witnesses for the prosecution have been examined and before the accused is called on for their defence, question the accused generally on the case for the purpose of enabling them to explain any circumstances appearing in the evidence against them.
Penal Consequences & Liability: No oath shall be administered to the accused under sub-section (2), and the accused does not render themselves liable to punishment by refusing to answer.
Operational Mechanism: In BNSS, the Court is also empowered to record this examination through audio-video electronic means.

The answers given by the accused may be taken into consideration in such inquiry or trial.

Key Landmark Precedents:

Tara Singh v. State (AIR 1951 SC 441): The Supreme Court settled that the duty of the court under Section 313 CrPC (Sec 351 BNSS) is to put each incriminating piece of evidence specifically, simply, and separately to the accused; failure to put a vital circumstance precludes the court from relying on it to convict.
Sukhjit Singh v. State of Punjab (2014) 10 SCC 270: Reaffirmed that questioning under this section is not a perfunctory ritual or an inquisitorial trap; framing composite questions lumping different circumstances together causes serious prejudice and vitiates reliance on that evidence.
Samsul Haque v. State of Assam (2019) 18 SCC 161: Held that the examination of the accused is a solemn dialogue establishing fairness under Article 21; circumstances not put to the accused must be completely discarded.

Legal Commentary:

Section 351 is one of the most critical stages for appellate defense. If the trial court failed to put forensic reports, recovery memos, or key eyewitness assertions to the accused under Section 351, those circumstances cannot be used by appellate courts to sustain a conviction.