Definition
A person against whom a formal criminal charge has been framed or an allegation of commission of an offence has been made — with constitutional and statutory rights to a fair trial and protection against self-incrimination.
An accused is the person against whom criminal proceedings have been initiated. The accused's constitutional rights in India are protected under: Article 20(1) — no ex post facto criminal law; Article 20(2) — protection against double jeopardy; Article 20(3) — protection against self-incrimination ('no person accused of any offence shall be compelled to be a witness against himself'); Article 21 — right to life and personal liberty (which includes right to a fair trial); and Article 22 — right to be informed of grounds of arrest, right to counsel, right to be produced before a magistrate within 24 hours. Under BNSS 2023, the accused also has the right to obtain bail under specific conditions, to know the charges, and to cross-examine prosecution witnesses.
Statutory Definition
The BNSS 2023 does not separately define 'accused' — the term is used throughout the statute. Article 20(3) of the Constitution: 'No person accused of any offence shall be compelled to be a witness against himself.' Section 193 BNSS (formerly Section 161 CrPC): statement of accused may be recorded during investigation but cannot be used against the accused (protecting against self-incrimination in investigation).
Etymology & Origin
From Latin 'accusatus' (past participle of 'accusare' — to accuse, to call to account) from 'ad' (towards) + 'causa' (cause, legal action). The accused is the person 'called to account' — the defendant in the criminal cause.
Full Legal Analysis
Accused: Rights in the Face of the State’s Power
The accused is in a uniquely vulnerable position: the entire machinery of the State — police, prosecution, courts — is arrayed against them. Constitutional safeguards for the accused are therefore not merely technical protections — they are structural guarantees against State overreach. The right to silence, the right to counsel, the presumption of innocence, the protection against double jeopardy and ex post facto laws — these are the shield of the accused against the State’s overwhelming power.
Constitutional Protections: Article 20
(a) Article 20(1) — No ex post facto law: A person cannot be convicted under a law that did not exist when the act was committed; nor can the penalty be greater than what was prescribed at the time of the offence. (b) Article 20(2) — Double jeopardy: No person shall be prosecuted and punished for the same offence more than once. Applied in Indian law as: same offence (not merely same facts) must have resulted in a final judgment of conviction or acquittal. (c) Article 20(3) — Self-incrimination: No accused person shall be compelled to be a witness against himself. Applied by the Supreme Court to: right to silence during questioning, right to refuse to submit to narco-analysis without consent (Selvi v. State of Karnataka 2010).
Presumption of Innocence
The presumption of innocence — though not explicitly mentioned in the Constitution — is a fundamental principle of criminal law derived from Articles 20 and 21. The prosecution must prove guilt beyond reasonable doubt; the accused need not prove innocence. The only exceptions: certain economic offences and anti-terror laws where the burden is partially reversed (Prevention of Money Laundering Act Section 24 — presumption against accused for money laundering).
“The accused is presumed innocent until proven guilty — not as a technicality, but as a fundamental principle of justice. The State must prove its case; the accused need not prove their innocence. This asymmetry protects individuals from the State’s awesome power to prosecute.”
This Term in Indian Statutes
Constitution of India, 1950
"No person accused of any offence shall be compelled to be a witness against himself."
Constitutional protection against self-incrimination — right to silence for the accused
