Sunday, 27 May 2018

NOTES ON EXAMINATION OF ACCUSED U/S 313 OF CRPC


S 313 of CRPC- Power to examine the accused:-

1) In every inquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence given against him,the court-

a) may at any stage without previously warning the accused put such questions to him as the court considers necessary;

b)shall after the witness for the prosecution have been examined and before he is called on for his defence question him generally on the case:

Provided that in a summons-case where court has dispensed with personal attendance of accused,it may also dispense with his examination under Clause (b).

2)No oath shall be administered to the accused when he is examined under Sub S (1).

3) Accused shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them.

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


5)(Inserted by amendment Act 2008) The court may take help of prosecutor and defence counsel in preparing questions which are to be put to accused and the court may permit filing of written statement by accused as sufficient compliance of this section.

Read important judgment on statement of accused U/S 313 of CRPC:

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