Additional Statement
Gopal Krishna Behera
(Querist) 03 June 2009
This query is : Resolved
Sir,
Can a supplimentary/additional statement of an accused be recorded under Section 313 Cr.P.C.?
Thanking you..
With best regards...
Gopal.
Gopal Krishna Behera
(Querist) 04 June 2009
Power to examine the accused - The court(a) may , at any stage of an inquiry or trial without previously warning the accused, put such questions to him as the court considers necessary; and (b) shall after the prosecution have been examined and before he is called on for defence, question him generally on the case.
In a summons case where personal attendance of the accused has been dispensed with, the court may dispense with his examination under cl.(b) above. [S. 313(1)]
No oath is to be administered to the accused when he is examined under sub s. (1) above.
The accused is, however, not liable to punishment by refusing to answer questions put by the court or by giving false answer to them. Answers given by the accused may be taken consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers tend to show he has committed. [S. 313(3-4)]