Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As to Inquiries and Trials
Section 351: Power to examine accused
In plain words
To let the accused personally explain circumstances in the evidence against them, the court can question them at any stage without warning, and must question them generally on the case after the prosecution witnesses and before the defence. In a summons-case where attendance was excused, this general questioning can be dispensed with.
- No oath is given, and the accused is not punished for refusing to answer or giving false answers.
- The answers can be considered in that trial and used in other trials for offences they reveal.
- The court can take help from both counsel in preparing questions, and can accept a written statement from the accused instead.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 351 carries forward section 313 of the CrPC: after the prosecution evidence, the court must question the accused generally on the case so he can personally explain incriminating circumstances. It applies the principle that no one should be condemned unheard.
Key rules
- Questioning is mandatory, except where personal attendance is dispensed with in summons cases.
- No oath; no punishment for refusing to answer or answering falsely.
- Answers may be considered, but are not substantive evidence.
- The court may take the help of the prosecutor and defence counsel in framing questions and may accept a written statement.
Put every circumstance
Each material incriminating circumstance must be put to the accused. A circumstance not put cannot be used against him. Failure vitiates the trial only if it causes prejudice.
Key Supreme Court rulings
Ramji Prasad Jaiswal v. State of Bihar 2025 INSC 738
Decided under section 313 of the CrPC. "The circumstances which are not put to the accused in his examination under Section 313 CrPC, cannot be used against him and have to be excluded from consideration."
Common mistakes
- Using an omnibus question.
- Convicting on the accused's answers alone.
Read with: Section 313 CrPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 351
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Aejaz Ahmad Sheikh v. State of Uttar Pradesh & Anr.
Issue arose as regards the correctness of the order passed by the High Court by which the accused was acquitted of the offence punishable u/s.302 IPC.
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…