Section 351 BNSS - Power to Examine Accused
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers and, at the appropriate stage, requires the Court to question the accused so that the accused can personally explain circumstances appearing in the prosecution evidence. The provision is part of Chapter XXVI dealing with general provisions as to inquiries and trials.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) came into force on July 1, 2024, except for the specified entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule. Section 351 is therefore part of the operative criminal procedure framework.
What Section 351 BNSS Means
The purpose of Section 351 is to give the accused a direct opportunity to respond to incriminating circumstances that have emerged in evidence. The Court may put necessary questions at any stage and, after the prosecution witnesses have been examined and before the defence stage, must generally question the accused on the case.
- The Court may question the accused at any stage without giving prior warning.
- After the prosecution witnesses are examined, the Court ordinarily must question the accused before calling upon the accused to enter defence.
- In a summons case where personal attendance has been dispensed with, the Court may also dispense with the examination contemplated by clause (b) of sub-section (1).
- No oath is administered to the accused during examination under Section 351.
- The accused is not punishable merely for refusing to answer or for giving false answers during this examination.
- The answers may be considered in the same inquiry or trial and may also be relevant in another proceeding for an offence that the answers tend to disclose.
- The Court may take the help of the Prosecutor and Defence Counsel in framing relevant questions and may permit a written statement by the accused as sufficient compliance.
Text of Section 351 BNSS
351. Power to examine 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.
Stage and Manner of Examination
| Provision | Effect |
|---|---|
| Section 351(1)(a) | The Court may put necessary questions to the accused at any stage without prior warning. |
| Section 351(1)(b) | After prosecution witnesses are examined and before the defence stage, the Court shall question the accused generally on the case. |
| Proviso to Section 351(1) | In a summons case, if personal attendance has been dispensed with, the Court may also dispense with the clause (b) examination. |
| Section 351(2) | The accused is not examined on oath. |
| Section 351(3) | Refusal to answer, or a false answer, does not by itself make the accused liable to punishment under this provision. |
| Section 351(4) | The answers can be considered in the present proceeding and, where relevant, in another inquiry or trial concerning another offence disclosed by those answers. |
| Section 351(5) | The Court may use assistance from the Prosecutor and Defence Counsel to prepare questions and may permit a written statement as sufficient compliance. |
Why the Provision Is Important
Section 351 is designed to ensure that material circumstances appearing against the accused are put to the accused for an explanation. It is not the same as the accused entering the witness box. Section 353 BNSS separately deals with the competence of an accused person to appear as a defence witness on the accused's own written request.
The examination under Section 351 is therefore an important procedural stage between the prosecution evidence and the defence case. The Court should focus the questioning on circumstances that arise from the evidence and that require a personal explanation from the accused.
Official Source
For the authoritative statutory text, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement notification is available from the Ministry of Home Affairs.
Related BNSS Provisions
Readers may also refer to Section 352 - Oral arguments and memorandum of arguments, Section 353 - Accused person to be competent witness, and Section 354 - No influence to be used to induce disclosure.
Last reviewed: September 11, 2026.