CrPC 313→BNSS 351

CrPC 313 to BNSS 351: Power to examine the accused

Section 313 CrPC (1973) replaced by Section 351 BNSS (2023)

View CrPC Section 313 →View BNSS Section 351 →

CrPC 313 to BNSS 351 at a Glance

Section 313 CrPC (Power to examine the accused) is now Section 351 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 313 to BNSS 351?

Section 313 of the Code of Criminal Procedure, 1973 became Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024 with the substantive rule completely unchanged. Every sub-section from Section 313(1) CrPC to Section 313(5) CrPC maps directly to Section 351(1) BNSS to Section 351(5) BNSS in the same words. The only differences between the texts are changes of form: the section is renumbered from 313 to 351, the marginal heading drops the word the before accused, and the proviso to Section 351(1)(b) BNSS writes summons case without a hyphen instead of summons-case. No sub-section, power, duty, or condition was added or removed.

CrPC 313 vs BNSS 351: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section313351
HeadingPower to examine the accusedPower to examine accused
Sub-sections5 sub-sectionsSame

CrPC 313 and BNSS 351: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 313, CrPC 1973

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. (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.
BNSS 2023 (in force)

Section 351, BNSS 2023

351. Power to examine 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. (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.

When It Applies: CrPC 313 vs BNSS 351

Under CrPC 313
  1. In every inquiry or trial under the Code of Criminal Procedure, 1973, the Court may at any stage put questions that it considers necessary to the accused without warning him beforehand, so that he can personally explain any circumstances appearing in the evidence against him.
  2. Once the prosecution witnesses have been examined and before the accused is called on to enter his defence, the Court shall question the accused generally on the case under Section 313(1)(b) CrPC to enable him to personally explain the adverse circumstances in the evidence.
  3. The proviso to Section 313(1)(b) CrPC provides 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 Section 313(1)(b) CrPC.
  4. When the accused is examined under Section 313(1) CrPC, no oath shall be administered to him, and under Section 313(3) CrPC he shall not be liable to punishment for refusing to answer those questions or for giving false answers.
  5. The Court may take the answers given by the accused into consideration in that inquiry or trial, and those answers may also be put in evidence for or against him in any other inquiry or trial for another offence that his answers may tend to show he has committed.
  6. To conduct the examination under Section 313(5) CrPC, the Court may take the help of the Prosecutor and the Defence Counsel in preparing relevant questions for the accused, and it may permit the accused to file a written statement as sufficient compliance with Section 313 CrPC.
Under BNSS 351
  1. In every inquiry or trial under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may at any stage put questions that it considers necessary to the accused without warning him beforehand, so that he can personally explain any circumstances appearing in the evidence against him.
  2. Once the prosecution witnesses have been examined and before the accused is called on to enter his defence, the Court shall question the accused generally on the case under Section 351(1)(b) BNSS to enable him to personally explain the adverse circumstances in the evidence.
  3. The proviso to Section 351(1)(b) BNSS provides 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 Section 351(1)(b) BNSS.
  4. When the accused is examined under Section 351(1) BNSS, no oath shall be administered to him, and under Section 351(3) BNSS he shall not be liable to punishment for refusing to answer those questions or for giving false answers.
  5. The Court may take the answers given by the accused into consideration in that inquiry or trial, and those answers may also be put in evidence for or against him in any other inquiry or trial for another offence that his answers may tend to show he has committed.
  6. To conduct the examination under Section 351(5) BNSS, the Court may take the help of the Prosecutor and the Defence Counsel in preparing relevant questions for the accused, and it may permit the accused to file a written statement as sufficient compliance with Section 351 BNSS.

What CrPC 313 to BNSS 351 Means in Practice

Because the rule in Section 313 of the Code of Criminal Procedure, 1973 is carried forward into Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 without substantive alteration, the procedure for examining the accused in an inquiry or trial is unchanged from 1 July 2024. The Court retains the same power to question the accused at any stage, the same duty to question him generally after prosecution witnesses are examined, and the same rules that no oath shall be administered, that the accused shall not be liable to punishment for refusing to answer or giving false answers, and on written statements.

FAQs: CrPC 313 to BNSS 351

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 313 CrPC from 1 July 2024?▼

From 1 July 2024, the provision corresponding to Section 313 of the Code of Criminal Procedure, 1973 is found in Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023. All sub-sections correspond directly: Section 313(1) CrPC is Section 351(1) BNSS, Section 313(2) CrPC is Section 351(2) BNSS, Section 313(3) CrPC is Section 351(3) BNSS, Section 313(4) CrPC is Section 351(4) BNSS, and Section 313(5) CrPC is Section 351(5) BNSS.

Did Section 351 BNSS change the rules on examining the accused compared to Section 313 CrPC?▼

No, the substantive rule is unchanged between Section 313 of the Code of Criminal Procedure, 1973 and Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The renumbering from Section 313 CrPC to Section 351 BNSS, the omission of the word the in the marginal heading, and writing summons case without a hyphen in the proviso to Section 351(1)(b) BNSS are changes of form only. The Court's power to question at any stage, the general questioning before the accused is called on for his defence, and the rules in Section 351(2) BNSS and Section 351(3) BNSS remain identical.

Are the rules on written statements and counsel assistance under Section 313(5) CrPC preserved in Section 351(5) BNSS?▼

Yes, Section 351(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the exact text of Section 313(5) of the Code of Criminal Procedure, 1973. Under both provisions, the Court may take the help of the Prosecutor and Defence Counsel in preparing relevant questions to be put to the accused, and the Court may permit the filing of a written statement by the accused as sufficient compliance with the section.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·