garima 16 February 2016
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 17 February 2016
Vijay Raj Mahajan (Advocate) 17 February 2016
The statement of accused u/s313Cr.P.C is being conducted by the magistrate or the public prosecutor depending from district to district, the defense advocate can assist in the process. The evidence if any by the accused in his defense can be placed on the record at that time and he can be crossed by the public prosecutor/opposite counsel of the wife with regard to that evidence.
prabhakar advocate (advocate) 17 February 2016
With respect, I differ the above proposition. Questions can be put under Section 313 cr.p.c. only by the Magistrate and not P.P./A.P.P. The provision uses the word "court", which means magistrate. If in any court A.P.P./P.P. is putting posers to the accused, that is grave irregularity.
Vijay Raj Mahajan (Advocate) 17 February 2016
You are right the duty is of the magistrate to put questions u/s313 Cr.P.C but what is usually seen in most courts where the magistrate is pre-occupied in other work and has large number of pending cases, he/she takes the help of A.P.P/P.P. for the job, now it may be irregularity, but all goes in Indian court as we see the purpose is to dispose of the pending cases at the earliest.