Power to Examine accused
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Summary
Court may question the accused at any stage so they can explain circumstances shown by the evidence, and must generally question them after prosecution witnesses finish and before the accused is called for defence. In a summons case where personal attendance is waived, the court may skip that examination. No oath is required, and the accused cannot be punished for refusing or for giving false answers. Answers can be used as evidence in this or other trials, and the court may take help from counsel or accept a written statement.
Example
Priya is accused of shop theft and prosecution witnesses have finished. The court questions her without oath so she can explain the evidence; she may refuse to answer and will not be punished for doing so. Her answers may be used in this trial or another, and the court accepts a written statement when it has waived her personal attendance.
Bare Act
Enacted text(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-
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(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;
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(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.
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