Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Power to examine accused--Principle--“Express provision and specific prohibition--The section has two parts; first part authorizes Court to ask questions at any stage of inquiry or trial without warning accused and second part relates to questioning accused generally after close of prosecution evidence--Though in stricto senso no express provision is available for recording of statement more than once in second part of Section 342, Cr.P.C., yet first part authorizes to ask as many questions at any time as Court desires and wish of Court is obviously regulated not by whims but by principle that any piece of evidence appearing against accused needs his reply or clarification before it is used against him, and it is base line principle of natural justice borrowed from maxim “Audi Alterum Partem”, no one should be condemned unheard.                                                                                                                                 [Pp. 197 198] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Power to examine accused--Object of S. 342--Accused in his statement u/S. 342, Cr.P.C. cannot be used against him for recording any observation making part of main platform which is set to erect a guilt-edifice against him--Appellate Courts usually remand case on deficiency of questions put to accused in his statement u/S. 342 Cr. P.C. on principle that trial Court before relying upon any evidence should have sought explanation of accused about it, which indirectly a message that if any evidence is skipped or lost sight of putting to accused but is essential to be relied upon, trial Court before proceeding further must put some additional questions in this respect which is in line with first part of Section 342, Cr.P.C. authorizing Court to ask question at any stage…

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