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

BNSS

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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...

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