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Quick Answer
Section 351 BNSS (formerly 313 CrPC) provides for the examination of the accused at the close of prosecution evidence, before defence evidence is led. Each incriminating circumstance appearing in the prosecution case must be put to the accused individually, and his/her explanation recorded. The Supreme Court in State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700, held that improper or omitted Section 313 examination vitiates the trial. The accused's statement is not on oath but is used by the court to assess the explanation against the prosecution evidence.
Statutory reference
Section 351 BNSS 2023
Related practice areas
Mandatory examination of the accused after prosecution evidence concludes. The accused is questioned on each incriminating circumstance and given an opportunity to explain. Failure to record renders the trial defective.
Section 351 BNSS (formerly 313 CrPC) Statement is governed by Section 351 BNSS 2023. Section 351 BNSS (formerly 313 CrPC) provides for the examination of the accused at the close of prosecution evidence, before defence evidence is led. Each incriminating circumstance appearing in the prosecution case must be put to the accused individually, and his/her explanation recorded. The Supreme Court in State of Maharashtra v. Sukhdev Singh, (1992) 3 SCC 700, held that improper or omitted Section 313 examination vitiates the trial. The accused's statement is not on oath but is used by the court to assess the explanation against the prosecution evidence.
Section 351 BNSS (formerly 313 CrPC) Statement falls under Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.
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