BNSS §351
Power to examine accused.
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313. Power to examine the accused.—(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. 2[(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.]
351.
(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.
What changedAI-inferred
Power to examine the accused.
Old position
CrPC 313 is concerned with Power to examine the accused. Power to examine the accused
New position
BNSS 351 preserves the framework with drafting modernisations as required by the new code. Topic: Power to examine accused.. 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
BNSS 351 (Power to examine accused.) preserves the framework of CrPC 313. BNSS 351 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 351 text: In every inquiry or trial, for the purpose of...
Editorial deltaAI-indicated (source-linked)
BNSS 351 (Power to examine accused.) preserves the framework of CrPC 313. BNSS 351 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 351 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 313 continues to apply. For matters from that date forward, BNSS 351 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 351 (Power to examine accused.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §313 → BNSS §351 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bnss/351.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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