CrPC Section 342: Power to Order Court – Code of Criminal Procedure
1. State the Code
Section 342 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the Court to order the accused to be examined.
2. Explain the Code
This section empowers the court to order the accused to be examined on oath in order to elicit information relevant to the case. This can be done:
- When the court is of the opinion that the examination is necessary for the ends of justice
- When the accused has given evidence in his own defense
- When the accused has called any witness in his defense and the court deems it necessary to examine him to ascertain the truth of the matter
It is important to note that the accused cannot be compelled to answer any question that might incriminate him. However, his silence can be used against him in determining the truth of the matter.
3. Illustrate it
Consider a case where the accused is charged with theft. The prosecution has presented evidence, but the accused claims innocence. In this scenario, the court might exercise its power under Section 342 to examine the accused to understand his version of events and ascertain the truth of the matter.
4. Common Questions and Answers
Q: Can the accused refuse to answer questions under Section 342?
A: Yes, the accused can refuse to answer questions that might incriminate him. However, his silence can be used against him in determining the truth of the matter.
Q: Can the accused’s examination under Section 342 be used as evidence against him?
A: The answers given by the accused during examination under Section 342 can be used as evidence against him.
Q: When can the court exercise its power under Section 342?
A: The court can exercise its power under Section 342 when it is of the opinion that the examination is necessary for the ends of justice, or when the accused has given evidence in his own defense, or when the accused has called any witness in his defense and the court deems it necessary to examine him to ascertain the truth of the matter.
