Question 1

A Public Prosecutor's sole duty is to secure a conviction for the State at any cost.

Accepted Answer

The Public Prosecutor is an officer of the court bound to uphold justice, ensuring that procedural safeguards (like BNSS Section 351) are strictly followed for a fair trial.

Question 2

Section 313 CrPC (now Section 351 BNSS) allows the judge to cross-examine the accused like a witness.

Accepted Answer

It is not a cross-examination but a direct dialogue meant solely to give the accused an opportunity to explain the specific incriminating circumstances appearing against them.

Question 3

Consider the following statements regarding the examination of the accused in criminal trials in India:
1. Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 corresponds to Section 313 of the old CrPC for examining the accused.
2. The Supreme Court in Chandan Pasi v. State of Bihar ruled that identical 'carbon-copy' questioning of all accused fulfills the procedural requirement if the crime was committed with common intention.
3. The accused can be punished for giving false answers during this judicial examination.
How many of the above statements are correct?

Accepted Answer

(a) Only one — Statement 1 is correct; Section 351 BNSS replaces Section 313 CrPC. Statement 2 is incorrect; the SC explicitly set aside the conviction because 'carbon-copy' generic questioning violates natural justice, even in cases of common intention. Statement 3 is incorrect; a fundamental tenet of this provision is that the accused does not render themselves liable to punishment by refusing to answer or by giving false answers.

Question 4

Match List I (Legal Concept/Provision) with List II (Details) based on the criminal justice system:
List I
A. Audi Alteram Partem
B. Section 351 BNSS, 2023
C. Public Prosecutor's Role
D. Article 20(3) of the Constitution

List II
1. Officer of the court duty-bound to ensure a fair trial
2. Right against self-incrimination
3. Power to examine the accused personally
4. Hear the other side (Natural Justice)

Select the correct code:

Accepted Answer

(a) A-4, B-3, C-1, D-2 — A matches 4 (Audi Alteram Partem is the principle of natural justice meaning 'hear the other side'). B matches 3 (Section 351 BNSS is the new provision replacing Section 313 CrPC for the power to examine the accused). C matches 1 (The SC in Chandan Pasi reiterated that the prosecutor is an officer of the court). D matches 2 (Article 20(3) protects against self-incrimination, which aligns with the accused not being punished for silence during examination).

Question 5

Assertion (A): The Supreme Court remanded the Chandan Pasi case back to the trial court to restart the recording of statements under Section 313 CrPC.
Reason (R): The trial court had failed to put specific, individual incriminating material evidence to the accused, relying instead on generic, carbon-copy questions.
Select the correct answer:

Accepted Answer

(a) Both A and R are true, and R is the correct explanation of A — Both statements are true. The Supreme Court explicitly ruled that generic 'carbon-copy' questioning is an abject failure of the procedural safeguard meant to establish a dialogue with the accused. Because of this specific failure (Reason), the Court set aside the conviction and ordered a remand for fresh, individualized examination (Assertion).

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