Q.1. At what stage an accused may be questioned generally?
Ans. At any stage of inquiry or Trial, after prosecution evidence has been recorded and before calling for defence evidence.
Q.2. What is the purpose and object of statement u/s 342?
Ans. Its main object is to give an opportunity to accused to explain the circumstances which arises against him during prosecution evidence.
Q.3. Can conviction be based merely on confession in statement under 342 CrPC?
Ans. No there shall be other corroborative evidence on record against accused.
Q.4. Can court warn an accused before making a statement u/s 342?
Ans. Court will not warn the accused before making statement under section 342 CrPC.
Q.5. What is evidential value if accused making an answer in reply to question asked u/s 342?
Ans. No penal action but the answer given by accused may be taken into consideration in present inquiry or trial or any other inquiry or trial in which such answer may tend him to commit an offence.
Q.6. Effect on trial of non-recording of statement u/s 342?
Ans. Provisions of section 342 CrPC is mandatory. Non compliance amounts to illegality not curable. (1999 MLD 2168)
Q.7. What are the consequences if the accused deposes falsely in the statement recorded u/s 342?
Ans. 1- The Accused shall not render himself liable to punishment by giving false answer. 2- However, this answer given by the accused may be taken into consideration in inquiry or trial and 3- May be put in evidence for or against accused in other inquiry, trial or offence which such answer may tend to show he has committed.
Q.8. What is evidential value of statement u/s 342 if accused refusing to answer?
Ans. On refusal or false answer, court may draw such inference from such refusal or answer as it thinks fit.
Q.9. Which provision of LHC Rules and Orders deal with statement u/s 342?
Ans. HC Rules and Orders, Volume III, Chapter 13.
Q.10. Can an accused be asked a question in regard other than evidence brought on record against him?
Ans. Yes, Under Art. 161 QSO.