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Section 350 BNSS to Section 353 BNSS| Section 351 BNSS| Section 352 BNSS| Section 353 BNSS

Section 350 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS), Bare Act:


Expenses of complainants and witnesses.


Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita.


Section 351 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Power to examine the accused


(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—


(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

(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 summon-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.


Section 352 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Oral arguments and memorandum of arguments.


(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments,

if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.


(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.


(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.


(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.


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Section 353 BNSS| Bharatiya Nagarik Suraksha Sanhita (BNSS):


Accused person to be competent witness.


(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:


Provided that—

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him that the same trial.


(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126 or section 127, or section 128, or section 129, or under Chapter X

or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings:


Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.



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