Section 351 BNSS: Power to examine accused
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 351 BNSS at a Glance
Section 351 BNSS deals with power to examine accused. It replaced Section 313 CrPC on 1 July 2024. Popularly called the examination of the accused. The rule is unchanged, sub-section for sub-section.
Section 351 BNSS Bare Act 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.
Source: Section 351, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 351 BNSS in Simple Words
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the accused a direct opportunity in every inquiry or trial to personally explain any circumstances appearing in the evidence against him.
The Court may put questions it considers necessary at any stage without prior warning, and it shall question the accused generally on the case after the prosecution witnesses are examined and before his defence begins.
No oath shall be administered, and the accused shall not be liable to punishment for refusing to answer or giving false answers, though his answers may be considered in the case.
When Section 351 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 351 BNSS
When Section 351 BNSS Does Not Apply
- The general questioning under Section 351(1)(b) BNSS need not take place in a summons case where the Court has dispensed with the personal attendance of the accused and, under the proviso, also dispenses with his examination under Section 351(1)(b) BNSS.
Section 351 BNSS in the CrPC (Previous Law)
Section 351 BNSS replaced Section 313 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 351 BNSS
When must the Court examine the accused under Section 351 BNSS, and when can it dispense with that examination?▼
Section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets the accused personally explain circumstances in the evidence against him. The Court may put necessary questions at any stage without warning under Section 351(1)(a) BNSS, and shall question him generally on the case after prosecution witnesses are examined and before his defence under Section 351(1)(b) BNSS. 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.
Is an oath administered to the accused under Section 351 BNSS, and can he be punished for refusing to answer or giving false answers?▼
No oath shall be administered to the accused when he is examined under Section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as expressly directed by Section 351(2) BNSS. Furthermore, Section 351(3) BNSS states that the accused shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them. However, under Section 351(4) BNSS, the answers he gives may still be taken into consideration in that inquiry or trial.
How can answers or a written statement given under Section 351 BNSS be used, and can counsel help prepare the questions?▼
Section 351(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the answers of the accused may be taken into consideration in the inquiry or trial, and put in evidence for or against him in another inquiry or trial for any other offence those answers may tend to show he committed. Under Section 351(5) BNSS, the Court may take help from the Prosecutor and Defence Counsel in preparing relevant questions and may permit a written statement as sufficient compliance.
What changed from Section 313 CrPC to Section 351 BNSS from 1 July 2024?▼
When the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force from 1 July 2024, Section 313 of the Code of Criminal Procedure, 1973 became Section 351 BNSS with only changes of form and no change in substance. The renumbering to Section 351 BNSS, the omission of the word the before accused in the marginal heading, and writing summons case without a hyphen in the proviso to Section 351(1)(b) BNSS are all changes of form. The rules across all sub-sections are unchanged.
Section 351 BNSS: Sub-sections Explained
Section 351(1) BNSS: Power to examine the accused
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Bare Act 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).
Section 351(2) BNSS: Power to examine the accused
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Bare Act Text
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
Section 351(3) BNSS: Power to examine the accused
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Bare Act Text
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
Section 351(4) BNSS: Power to examine the accused
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Bare Act Text
(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.
Section 351(5) BNSS: Power to examine the accused
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·