Examination of accused
Ranganath
(Querist) 17 February 2010
This query is : Resolved
Ld counsels,
In a criminal case will the accused be examined at any point by any of the counsel (both prosectuion / Defense).
Is the exmination done under section 313 CrPC a thorough test of facts on accused or a brief accept/deny question. Will accused be asked to explain specific facts arising out of the witnesses.
Please clarify.
Thanks
Arvind Singh Chauhan
(Expert) 18 February 2010
Accused need not to explain facts, he still has a chance to give defence. He can submitt a statement in writing also in 313.
Guest
(Expert) 18 February 2010
Section 313 of Criminal Procedure Code (CRPC)
Power to examine the accused:
In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court -
may, at any stage, without previously warning the accused, put such questions to him as the Court considers necessary;
shall, after the witnesses 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 the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under Clause (b).
No oath shall be administered to the accused when he is examined under sub-section (1).
The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
The answers given by the accused may be taken into 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 may tend to show he has committed.
in section 315 crpc when accused himself prodused as defence witness then defence has right to examination of chief and prosecution has right to cross examine accused.
section 315. Accused person to be competent witness.
(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that-
(a) He shall not be called as a witness except on his own request in writing;
(b) His failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.
(2) Any person against whom proceeding are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:
Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.
