Statement of accused

Section 342 of the Criminal Procedure Code (CrPC) pertains to the statement of the accused. Prior to
recording the statement under Section 342, the judge interrogates the accused, often drawing questions
from witness statements. It is imperative for the judge to pose pertinent and rational questions rather
than general ones, with a focus on extracting meaningful information from the accused based on
witness statements and other evidence.

The defense advocate bears the responsibility of advising their client on responding to the judge's
questions. Additionally, the judge should formulate questions in uncomplicated language, ensuring that
the accused can furnish meaningful answers.

Subsequent to this, the accused is granted the option to determine whether they wish to record their
statement on oath or present any evidence in their defense. Should the accused opt for either, the court
proceeds to document their statement or take any provided evidence.

Once the statement is concluded, the accused is obliged to affix their signature. The judge issues a
certificate, affirming that all questions were presented in a language comprehensible to the accused,
and the answers were provided by the accused.

Subsection 2 of Section 340 of the CrPC extends an opportunity for the accused to refute the charges by
delivering their statement on oath. In this process, statements from other defense witnesses may be
introduced. Both the witness and the accused are subject to cross-examination by the complainant or
public prosecutor, with the provision for them to respond.