Accused statement under 313
velmurugan
(Querist) 17 December 2013
This query is : Resolved
Dear Experts,
I have been arraigned as one of the accused in a chargesheet filed by ACB.The charges are yet to be framed and am in the process of preparing a defence now.
My questions:
1.The incriminating circumstances and facts against the accused,as brought out at the end of prosecution witness(disposition)-We know that will be posed to the accused.
My question is: will it be informed to the accused in advance so that he best explains his position in the court to the hon'Honorable Judge under 313 CRpc or it will be random?
2.Practically how it happens in the court?
Kindly enlighten me well on this aspect.
Thanking you
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
The provisions of section 313 of Cr. P.C. which deals with the power to examine the accused is: In all inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in th evidence against him, the court may at any stage, without previously warning the accused, put such questions to him as the court considers necessary, or the court shall, after the witnesses fro the prosecution have been examined and before he is called on for is defense, question him generally on the case;
the court may take the help of prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the court may permit filing of written statement by the accused as sufficient compliance of this section. Hope the explanation enlightens your query. (?)
velmurugan
(Querist) 18 December 2013
Thank you very much for a great reply!.Thank you once again..
V R SHROFF
(Expert) 19 December 2013
Well explained.
in 313
No Advocate of either side can either guide or suggest answer,. It is at the Discretion of Magistrate, what to ask. No Objection, no cross.
It is direct judge to accused, and accused to judge. & Recorded on the spot.
And it can be considered for judgement
So any statement, that can harm his case, should be avoided. otherwise it is fatal to accused.
ajay sethi
(Expert) 19 December 2013
agree with experts
