Showing posts with label S 351 of BNSS. Show all posts
Showing posts with label S 351 of BNSS. Show all posts

Saturday, 25 October 2025

Kerala HC: Accused Exempted From Personal Appearance including accused residing abroad Can Answer Questions Virtually Or In Writing as per S.351 BNSS

 In Basavaraj R.Patil and others v. State of

Karnataka and others [(2000) 8 SCC 740], while

considering the question whether the accused can be

permitted to file his written submissions under Section

313 of the Cr. P.C, the Hon'ble Supreme Court has held as

follows:

“23. Section 243(1) of the Code enables the accused,

who is involved in the trial of warrant case instituted on

police report, to put in any written statement. When any

such statement is filed the Court is obliged to make it part

of the record of the case. Even if such case is not instituted

on police report the accused has the same right (vide

Section 247). Even the accused involved in offences

exclusively triable by the Court of sessions can also exercise

such a right to put in written statements [Section 233(2) of

the Code]. It is common knowledge that most of such

written statements, if not all, are prepared by the

counsel of the accused. If such written statements can

be treated as statements directly emanating from the

accused, hook, line and sinker, why not the answers

given by him in the manner set out hereinafter, in

special contingencies, be afforded the same worth.

24. We think that a pragmatic and humanistic

approach is warranted in regard to such special exigencies.

The word shall in clause (b) to Section 313(1) of the Code is

to be interpreted as obligatory on the Court and it should be

complied with when it is for the benefit of the accused. But

if it works to his great prejudice and disadvantage the

Court should, in appropriate cases, e.g., if the accused

satisfies the court that he is unable to reach the venue

of the court, except by bearing huge expenditure or

that he is unable to travel the long journey due to

physical incapacity or some such other hardship

relieve him of such hardship and at the same time

adopt a measure to comply with the requirements in

Section 313 of the Code in a substantial manner. How

this could be achieved?

25. If the accused (who is already exempted from

personally appearing in the Court) makes an application to

the court praying that he may be allowed to answer the

questions without making his physical presence in court on

account of justifying exigency the court can pass

appropriate orders thereon, provided such application is

accompanied by an affidavit sworn to by the accused himself

containing the following matters: (a) A narration of facts to

satisfy the court of his real difficulties to be physically

present in court for giving such answers. (b) An assurance

that no prejudice would be caused to him, in any manner, by

dispensing with his personal presence during such

questioning. (c) An undertaking that he would not raise any

grievance on that score at any stage of the case.

26. If the court is satisfied of the genuineness of

the statements made by the accused in the said

application and affidavit it is open to the court to

supply the questionnaire to his advocate (containing

the questions which the court might put to him under

Section 313 of the Code) and fix the time within which

the same has to be returned duly answered by the

accused together with a properly authenticated

affidavit that those answers were given by the accused

himself. He should affix his signature on all the sheets

of the answered questionnaire. However, if he does not

wish to give any answer to any of the questions he is free to

indicate that fact at the appropriate place in the

questionnaire [as a matter of precaution the Court may keep

photocopy or carbon copy of the questionnaire before it is

supplied to the accused for answers]. If the accused fails to

return the questionnaire duly answered as aforesaid within

the time or extended time granted by the court, he shall

forfeit his right to seek personal exemption from court

during such questioning.

27. In our opinion, if the above course is adopted in

exceptional exigency it would not violate the legislative

intent envisaged in Section 313 of the Code.” {Para 6}

15. In light of the above discussions, I don't find any

legal impediment in permitting the petitioner to answer

the questions under Section 351 BNSS either by adopting

the procedure laid down in Section 351 (5) BNSS and

Basavaraj R.Patil’s case or by getting his answers

recorded via the electronic video linkage under the

Linkage Rules and getting the statement signed as per

the procedure under Rule 8 (16) of the Rules. It would be

up to the petitioner to choose the method.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL.MC NO. 9203 OF 2025

RAMESHAN Vs  STATE OF KERALA,

PRESENT

 MR.JUSTICE C.S.DIAS

Dated this the 22nd day of October, 2025.

Citation: 2025:KER:77918.

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Tuesday, 25 June 2024

Whether Criminal trial will be vitiated if any question is not put to accused U/S 351 of BNSS or 313 of CRPC?

 Under S 351 of BNSS or Section 313 of the Code of Criminal Procedure (CrPC), 1973, it is mandatory for the court to question the accused generally on the case after the prosecution evidence has been presented. This provision is crucial for ensuring that the accused has an opportunity to explain the evidence against them. The absence of such questioning can have significant implications on the trial.

S 351 of BNSSS or Section 313 CrPC

S 351 of BNSS or Section 313 of the CrPC allows the court to directly question the accused to explain any circumstances appearing in the evidence against them. The provision is intended to:

  • Ensure the accused understands the allegations and evidence against them.
  • Provide the accused an opportunity to explain or rebut the evidence.
  • Assist the court in determining the guilt or innocence of the accused.
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