Here are 8 practical lapses trial judges often commit while recording the accused’s statement under Section 313 CrPC:
Not putting every incriminating circumstance appearing in prosecution evidence to the accused.
Asking vague, omnibus, or compound questions instead of short and specific questions.
Copying deposition mechanically rather than framing the real incriminating circumstance in simple form.
Using legalistic or confusing language which the accused may not properly understand.
Recording the statement before all material evidence is complete, then later relying on evidence never put to the accused, such as forensic reports.
Treating the exercise as a mere formality and not giving a real opportunity to explain.
In cases with multiple accused, failing to ensure separate and individualized questioning regarding each accused’s role.
Ignoring the rule that circumstances which were not put to the accused cannot be used against him, unless no prejudice is shown.
One-line legal effect
The legal effect is that a defect in Section 313 examination becomes serious when it causes prejudice or failure of justice, and in some cases it may vitiate the trial.
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