सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 351

Power to examine accused

Why this exists

This provision embodies the principle that an accused should get a direct, personal chance to explain incriminating circumstances in their own words before the court decides the case, while protecting them from being coerced into self-incrimination since no oath is taken and refusal or false answers are not separately punishable. It balances the search for truth against the constitutional protection against forced self-incrimination.

How courts read it

Under the equivalent provision in the earlier Code of Criminal Procedure, courts have repeatedly held that this examination of the accused is a valuable opportunity, not a mere formality, meant to give the accused a fair chance to explain incriminating evidence, and failure to properly put all material circumstances to the accused for their explanation can vitiate a conviction if it causes real prejudice.

Common misconceptions
  • Myth: The accused must answer every question the judge asks during this examination.
    Fact: The law explicitly says the accused cannot be punished for refusing to answer or for giving false answers to these questions, though the court can still weigh the response in reaching its decision.