Procedure in 313 crpc & 315 crpc
Ram
(Querist) 20 September 2021
This query is : Resolved
Dear Respected Experts,
Brief of Case:
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My wife filed a 498A case. I have documentary evidences to disprove the allegations.
I am planning to mark documentary evidences u/s 315 CrPC.
My Question:
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1) Could you please tell me when I have to file petition u/s 315 CrPC along with annexures?
should it be filed before 313 CrPC stage or after 313 CrPC stage?
Thanks in Advance
Ram
K Rajasekharan
(Expert) 20 September 2021
The 313 examination comes exactly in between the prosecution evidence and defence evidence.
Only after 313 examination the defence gets a chance to step in the trial procedures with his evidence.
Advocate Bhartesh goyal
(Expert) 21 September 2021
Accused can adduce his detailed statement u/sec 315 Cr.P.C after having completed statement of accused u/sec 313 Cr.P.C. and not before that.
SHIRISH PAWAR, 7738990900
(Expert) 21 September 2021
Hello,
Yes, after completion of statement u/s. 313 of crpc accused can file evidence u/s. 315 of crpc.
P. Venu
(Expert) 21 September 2021
Provisions of Section 313 CrPC enables the accused to offer his explanation to evidence adduced against him by the prosecution whereas provisions of 315 enable the accused to adduce evidence in his favour. However, please note that the accused appearing as his own witness is a double-edged sword. He is liable for cross examination and this could be quite tricky unless he is totally faultless.
Ram
(Querist) 22 September 2021
Thank you Very much Respected Experts Mr. Bhartesh Goyal sir, Mr. Shirish Pawar sir, and Mr.P.Venu sir, K. Rajasekaran sir
