Section 313 CrPC: Power to Examine the Accused - Section 351 BNSS
Section 313 of the Code of Criminal Procedure, 1973 gave an accused person the opportunity to explain circumstances appearing against them in the evidence. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 351 BNSS.
What is examination of the accused under Section 313 CrPC?
Examination under Section 313 is a safeguard of a fair criminal trial. It gives the accused an opportunity to respond personally to material circumstances emerging from the prosecution evidence. The court, rather than the prosecution, puts the questions. The provision does not require the accused to testify on oath or to prove innocence.
There are two aspects of the power: the court may ask necessary questions at any stage of the inquiry or trial, and it shall ordinarily question the accused generally after prosecution witnesses have been examined and before the defence stage, subject to the statutory exception for certain summons cases.
Section 313 CrPC - Statutory provisions
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.
Sub-section (5) was inserted by Act 5 of 2009, section 22, with effect from 31 December 2009. The historical wording is reproduced for reference.
Section 351 BNSS - Corresponding law from 1 July 2024
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Power to examine the accused. It carries forward the central safeguards of Section 313 CrPC: court questioning to allow explanation of adverse evidence, no oath, no punishment merely for declining or incorrectly answering questions, consideration of answers, and provision for written statements.
Section 351 should be read in its current statutory wording and together with the procedural rules governing the relevant trial. The court must ensure that material incriminating circumstances are fairly put to the accused; the examination is not a substitute for the prosecution proving its case.
| Question | Legal position |
|---|---|
| Old provision | Section 313, Code of Criminal Procedure, 1973 |
| Corresponding new provision | Section 351, Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Purpose | Allow the accused to explain incriminating circumstances in the evidence |
| Oath | No oath administered for this examination |
| Refusal to answer | No punishment merely for refusal or false answers under this provision |
| Written statement | May be permitted by the court |
How the examination works in a criminal trial
- Prosecution evidence: The prosecution examines its witnesses and places evidence before the court.
- Questions framed: The court identifies material circumstances that call for an explanation by the accused. It may take assistance from prosecution and defence counsel when framing relevant questions.
- Opportunity to explain: The accused responds without being placed on oath. The court may allow a written statement where permitted by law.
- Evaluation: The court considers the answers alongside the evidence as a whole. A response is not, by itself, a substitute for proof of the charge.
Important safeguards
- Questions should be understandable and directed to specific material circumstances.
- The accused must have a meaningful opportunity to explain the prosecution case.
- Silence during this examination does not itself create a separate offence under Section 313 or Section 351.
- The statutory exception for summons cases with dispensed personal attendance must be applied according to its terms.
Historical Jharkhand amendment to Section 313 CrPC
The original page records a Jharkhand state amendment under Jharkhand Act 2 of 2016, section 4, inserting the words "in person or through the medium of electronic video linkage" after "enabling the accused" in Section 313(1), as applicable in that State. This is retained as a historical CrPC reference. The present application of state-specific provisions should be checked against the relevant current law and notifications.
Frequently asked questions
What is Section 313 CrPC?
It allows the court to question an accused person about incriminating circumstances in the prosecution evidence so that the accused has a fair opportunity to explain them.
Which BNSS section replaces Section 313 CrPC?
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power to examine the accused.
Is the accused examined on oath?
No. The court does not administer an oath when examining the accused under this provision.
Can an accused be punished for remaining silent or giving an incorrect answer?
The provision states that an accused does not become liable to punishment merely for refusing to answer or giving false answers in this examination.
Can the court accept a written statement?
Yes. The court may permit the accused to file a written statement as sufficient compliance with the provision.
Does the examination amount to cross-examination?
No. It is a court-led opportunity to explain circumstances appearing against the accused, not sworn prosecution cross-examination.
Official legal sources
For the authoritative statutory text, commencement notifications, amendments and applicable savings, consult India Code (Government of India) and the Ministry of Home Affairs. Search for the Code of Criminal Procedure, 1973 (Section 313) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 351).
This article provides general legal information and does not replace advice on the facts and procedural posture of an individual case.