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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, consider the following assertion and reason.…

Section 351(1) lets the accused explain circumstances appearing in the evidence. Section 351(2) bars an oath during that examination. This is distinct from the accused…

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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, consider the following assertion and reason.

Assertion: The court does not administer an oath to an accused examined under section 351(1).

Reason: During this examination, the accused gives a personal explanation and does not testify as a witness.

Which statement correctly describes the assertion and reason?

Select one answer
Answer and explanation

Correct answer B

Section 351(1) lets the accused explain circumstances appearing in the evidence. Section 351(2) bars an oath during that examination. This is distinct from the accused choosing to give evidence on oath as a defence witness under section 353.

Option feedback

Option A

The accused is giving a personal explanation in this examination. The reason is true.

Option B

Section 351 provides for the accused's personal explanation without an oath. The accused is not giving sworn evidence as a witness during that examination.

Option C

Section 351(2) expressly says no oath is administered in this examination, so the assertion is true.

Option D

The reason explains the different treatment of a personal explanation under section 351 and testimony on oath under section 353.

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