Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 351
Code: Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the examination of the accused in criminal trials. It outlines the court’s power to question the accused during the trial process, ensuring the accused has a chance to explain their side of the story.
Key Provisions:
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Subsection (1):
- (a) The court can question the accused at any stage of the trial, without prior warning, to clarify any circumstances presented in the evidence against them.
- (b) After the prosecution witnesses have been examined, but before the accused begins their defense, the court must question the accused generally about the case. This is a crucial stage where the accused can present their initial version of events.
- Exception: In summon cases where the accused’s physical presence is excused, the court can also exempt them from this general questioning.
- Subsection (2): The accused is not required to take an oath when questioned under this section. This is because the purpose is not to establish the truthfulness of the accused’s statements but to understand their perspective.
- Subsection (3): Refusal to answer or providing false answers does not result in any punishment for the accused. This encourages the accused to be truthful without fear of repercussions.
- Subsection (4): The accused’s answers can be considered by the court in deciding the case. These answers can also be used as evidence in other trials if they relate to other potential crimes.
- Subsection (5): The court can involve the prosecutor and defense counsel in formulating questions for the accused. The accused can also submit a written statement to fulfill the requirements of this section.
Illustration:
Imagine a theft case where the prosecution presents evidence of the accused being found with stolen goods. The court, under Section 351, can question the accused to understand their side of the story. The accused may explain they found the goods or received them as a gift, providing their perspective and potentially challenging the prosecution’s evidence.
Common Questions & Answers:
Question: What is the purpose of questioning the accused under Section 351?
Answer: To provide the accused an opportunity to explain their version of events and clarify any inconsistencies in the evidence presented against them.
Question: Can the accused be punished for refusing to answer questions or providing false answers?
Answer: No. The law does not punish the accused for refusing to answer or giving false answers. This is intended to encourage honesty and cooperation.
Question: What happens to the answers given by the accused?
Answer: The answers are considered by the court in the trial and may be used as evidence in other trials if they relate to other offenses.
