Section 313 CrPC: Power to examine the accused
Code of Criminal Procedure, 1973
Section 313 CrPC at a Glance
Section 313 CrPC deals with power to examine the accused. From 1 July 2024 it is replaced by Section 351 BNSS. Popularly called the examination of the accused. The rule is unchanged, sub-section for sub-section.
What Section 313 CrPC Says
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.
Source: Section 313, Code of Criminal Procedure, 1973
Section 313 CrPC in Simple Words
Section 313 of the Code of Criminal Procedure, 1973 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 313 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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 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.
Example of Section 313 CrPC
When Section 313 CrPC Does Not Apply
- The general questioning under Section 313(1)(b) CrPC 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 313(1)(b) CrPC.
Examination of Accused Under BNSS 351: What Changed
Section 313 CrPC is now covered under Section 351 BNSS.
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.
View detailed comparison (CrPC 313 vs BNSS 351) →FAQs on Section 313 CrPC
When must the Court examine the accused under Section 313 CrPC, and when can it dispense with that examination?▼
Section 313(1) of the Code of Criminal Procedure, 1973 lets the accused personally explain circumstances in the evidence against him. The Court may put necessary questions at any stage without warning under Section 313(1)(a) CrPC, and shall question him generally on the case after prosecution witnesses are examined and before his defence under Section 313(1)(b) CrPC. 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.
Is an oath administered to the accused under Section 313 CrPC, 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 313(1) of the Code of Criminal Procedure, 1973, as expressly directed by Section 313(2) CrPC. Furthermore, Section 313(3) CrPC 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 313(4) CrPC, 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 313 CrPC be used, and can counsel help prepare the questions?▼
Section 313(4) of the Code of Criminal Procedure, 1973 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 313(5) CrPC, the Court may take help from the Prosecutor and Defence Counsel in preparing relevant questions and may permit a written statement as sufficient compliance.
Where is Section 313 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 313 CrPC is found in Section 351 BNSS. Each sub-section maps directly, with Section 313(1), Section 313(2), Section 313(3), Section 313(4), and Section 313(5) CrPC becoming Section 351(1), Section 351(2), Section 351(3), Section 351(4), and Section 351(5) BNSS respectively, while retaining the same substantive rules for examining the accused.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·