accused

The accused is the person against whom criminal proceedings are taken. Before the charge-sheet, a person named in an FIR is usually called a suspect or the person accused; once the court takes cognizance and summons him, he is the accused in the case.

The accused has constitutional protections: the right against self-incrimination under Article 20(3), the right to be told the grounds of arrest and to consult a lawyer under Article 22, and the presumption of innocence. The court must personally put the incriminating circumstances to him so he can explain them. His statement in that examination is not on oath and he cannot be punished for refusing to answer.

Example

Under s.351 BNSS the trial judge had to put the recovery of the knife to the accused and invite his explanation before relying on it.

In Indian law

• Article 20(3), Constitution of India (no person accused of an offence shall be compelled to be a witness against himself)
• Section 351, Bharatiya Nagarik Suraksha Sanhita, 2023 (old s.313 CrPC): power to examine the accused

See also

presumption of innocence · nemo tenetur se ipsum accusare · charge · trial

Read more in the study notes

• Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
• Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)
• Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
• Framing of charge and joinder of charges (Bharatiya Nagarik Suraksha Sanhita)