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What is the purpose of examining an accused under section 351(1) of the Bharatiya Nagarik Suraksha…

Section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the accused to explain personally any circumstances appearing in the evidence against them. The court…

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What is the purpose of examining an accused under section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023?

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Correct answer A

Section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the accused to explain personally any circumstances appearing in the evidence against them. The court can ask necessary questions at any stage and, subject to the summons-case proviso, must generally question the accused after the prosecution witnesses have been examined and before the defence is called.

Option feedback

Option A

Section 351(1) allows the accused to respond personally to circumstances appearing against them in the evidence.

Option B

The examination gives the accused a chance to explain the evidence. Formulating a defence strategy is a separate matter.

Option C

The examination addresses circumstances disclosed by the evidence. Communication of the charges serves a different function.

Option D

The power presupposes circumstances appearing in evidence and leaves the prosecution’s evidentiary role intact.

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