Power to Examine the Accused — Right to Explain Incriminating Evidence

Explanation

Section 313 is one of the most important fair trial provisions — the accused must have a personal opportunity to respond to each piece of incriminating evidence. After prosecution evidence closes, court must put each incriminating circumstance to the accused and ask them to explain. This is mandatory — not optional. No oath (not a witness); cannot be punished for silence or false answers; but answers given can be used as evidence. If accused admits a fact — that admission is evidence. Silence is not evidence of guilt (though courts may note unexplained incriminating circumstances). BNSS Section 351 adds: accused's advocate can address court after examination to explain/supplement — acknowledging that accused persons often cannot articulate legal responses without assistance.