section 342 crpc

section 342

Power to examine the accused

(1) For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him  , the Court may,at any stage of any inquiry or trial without previously warning the accused, put such questions to him as the Court considers necessary, and shall,, for the purpose aforesaid, question him generally on the case after the witness for the prosecution have been examined and before he is called on for his defence.

(2) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them; but the Court may draw such inference from such refusal or answer as it thinks just.

(3) The answers given by  the accused may be taken into consideration in such inquiry or trial and put in evidence for or against him in any other inquiry into or trial for, any other offence which such answers may tend to show he has committed.

(4) Except as provided by section 340 (2) , no oath shall be administered to the accused.

basis of section ( 2005 SCMR 364)

The section is based on the principle involved in the maxim

Audi alteram partem

no one should be condemned  unheard.

Applicability (AIR  1926 Lah. 667)

This section applies to cases triable by Magistrates.

Proceedings under section 488

This section does not apply to  proceedings under section 488.

Stage at which examination made 

PLD 1973 Lah.824

The examination of the accused generally on the case must be after the close of the prosecution case and before the accused is called on to enter upon his defence.

Evidence 

The word evidence  means evidence already given at the trial  at the time of the examination.
who may examine
The court alone is authorized to examine the accused person and the counsel for the complainant or the prosecution should not be allowed to take  part in the examination.

Denovo Trial 

Where the Magistrate trying the case is transferred and his  successor begins the trial he should examine the accused once again .( PLD 1956  Lah. 511)

Question him generally  on the case ( 2011 SD 675 ( FSC)

Without previous warning

Court may put such  questions to an  accused as the Court considers necessary at  any stage of any inquiry or trial without previously warning the accused.

Separate examination of accused

Where there are several accused, the case of each of them should be individually considered and each of them should be questioned with reference to the particular position brought out by the evidence against him.(PLD  1962 Pesh. 62)

Effect of answer on co accused

A statement of  an accused made under 342 may be used for or against him but cannot be used against any person other than the one who made it.(PLD 1961 Lah.  146)

Examination of accused in cross case

Where a case and a counter or cross case are both pending , the examination  of the accused in the one case , as a witness  in the  other , constitute a grave irregularity.( 11 Cal. 358)

SECTION 342(4) AND SECTION 340(2)

NO  contradiction or conflict exists between the two provisions of Crpc( PLD 1986 Lah. 222)
They are independent provisions