Crpc 313

Statement u/s 313 Cr PC has to be made by the accused and not by his / her counsel.

Dear Sir, 

I completely concur with the learned export Sh Vashista G. Section 313 Cr PC statement is to be made by the accused himself. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

In a summons case, the Court has discretion to dispense with personal attendance of the accused. As per Jharkhand amendment, presence through the medium of electronic video linkage is permissible.

Section 313.   Power to examine the accused.

(1) 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--

 

(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;

(b) 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).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

(4) 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.

1[(5) The Court may take 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.]

STATE AMENDMENT

Jharkhand.--

Amendment of Section 313.--In Section 313 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand:--

(i) In every enquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him the Court-After the words "enabling the accused," the word "in person or through the medium of electronic video linkage" shall be inserted.

 

 

As per your concerns!

Under the proviso to Sec.313(1) of Criminal procedure Code, 1973 would enable the court to dispense with the presence of the accused but it is applicable only in summons trial cases.

The provisions of law would not allow the Sessions Court to dispense with the presence of the accused when the case is posted for questioning u/s.313 Cr. PC.

If the accused is not under the permanent personal exemption as provided under the said proviso.

Thereby, the accused can not dispense with personal appearance unless it is a summon case.

Hope it helps
Regards
Minakshi Bindhani

Basically, the Section 313 of the Code of Criminal Procedure (CrPC), 1973 deals with the - "Power to examine the accused".

The contents within the section sates that —
"(1) 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--
(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;
(b) 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).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) 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.
(5) The Court may take 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."

Henceforth, the statements under this section are not supposed to be made by the lawyer or advocate but by the accused himself/herself.