Section 351 of BNSS : Section 351: Power to examine accused.

Explanation using Example

Example 1:

Scenario: Raj is accused of theft in a local market. During the trial, several witnesses testify that they saw Raj near the scene of the crime.

Application of Section 351:

1. Court's Power to Question: The judge, without prior warning, asks Raj directly, "Were you present at the market on the day of the theft?" This is done to allow Raj to explain his presence.
2. General Questioning: After the prosecution's witnesses have been examined, the judge questions Raj generally about the case, asking, "Can you explain why multiple witnesses saw you at the market?"
3. No Oath: Raj is not required to take an oath before answering these questions.
4. Refusal to Answer: Raj refuses to answer some questions. He is not punished for this refusal.
5. Consideration of Answers: Raj's answers, where he claims he was at the market to meet a friend, are considered by the court in the trial. If Raj's answers suggest involvement in another crime, this information can be used in a separate trial.
6. Assistance from Counsel: The judge consults with both the prosecutor and Raj's defense lawyer to frame relevant questions. Raj is also allowed to submit a written statement explaining his side of the story.

Example 2:

Scenario: Priya is accused of fraud in a business deal. The prosecution presents documents and witness testimonies against her.

Application of Section 351:

1. Court's Power to Question: The judge asks Priya, "Did you sign these documents knowing they contained false information?" without prior warning.
2. General Questioning: After the prosecution's witnesses are done testifying, the judge asks Priya, "Can you explain your role in the business deal?"
3. No Oath: Priya is not required to take an oath before answering.
4. Refusal to Answer: Priya chooses to remain silent on some questions. She is not penalized for this.
5. Consideration of Answers: Priya's answers, where she claims she was misled by her business partner, are taken into account by the court. If her answers indicate she committed another offense, this can be used in a different trial.
6. Assistance from Counsel: The judge works with both the prosecutor and Priya's defense lawyer to prepare questions. Priya is permitted to submit a written statement as her explanation.

Example 3:

Scenario: Anil is accused of assault during a neighborhood dispute. Witnesses testify that Anil was seen hitting the victim.

Application of Section 351:

1. Court's Power to Question: The judge asks Anil, "Did you have a physical altercation with the victim?" without prior warning.
2. General Questioning: After the prosecution's witnesses have been examined, the judge questions Anil, "What led to the altercation with the victim?"
3. No Oath: Anil is not required to take an oath before answering.
4. Refusal to Answer: Anil refuses to answer some questions. He is not punished for this refusal.
5. Consideration of Answers: Anil's answers, where he claims self-defense, are considered by the court. If his answers suggest involvement in another crime, this information can be used in a separate trial.
6. Assistance from Counsel: The judge consults with both the prosecutor and Anil's defense lawyer to frame relevant questions. Anil is also allowed to submit a written statement explaining his side of the story.