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When the court questions an accused under section 351(1) of the Bharatiya Nagarik Suraksha Sanhita,…

Section 351(2) bars an oath during examination under section 351(1). Section 353 separately allows an accused, on their own written request, to give defence evidence on oath.

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When the court questions an accused under section 351(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, how must it take the accused’s statement?

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Answer and explanation

Correct answer B

Section 351(2) bars an oath during examination under section 351(1). Section 353 separately allows an accused, on their own written request, to give defence evidence on oath.

Option feedback

Option A

Section 351(2) prohibits an oath for this examination.

Option B

Section 351(2) expressly requires the court to proceed without administering an oath.

Option C

The statute leaves no discretion to administer an oath during the examination.

Option D

The statutory rule applies without a request for an exemption.

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