Shree. ( Advocate.) 01 May 2009

whether Sec. 313Cr.p.c is contradictory to Sec.317 Cr.p.c?

whether Sec.313 Cr.p.c is contradictory to Sec.317 Cr.p.c?

When an accused is examined u/s 313 Cr.p.c in a criminal trial by the hon'ble court, he is questioned whether he has heard all evidences by witnesses or not..but sometimes court allows advocate to represent the accused at the trial for non-attendance of accused in a particular day u/s 317 Cr.p.c and court allows evidences to be deposed by witnesses against him..though the accused is not physically present and and though it is physically impossible for the accussed to hear that days evidence deposed by the witnesses present that day,,
now in the given situation, why then court asks whether the accused heard all evidences or not u/s 313 Cr.p.c though the same court allows representation by ld. advocate u/s 317 Cr.p.c??

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8 Replies

A Truthseeker ( A retired Indian citizen) 01 May 2009

so far my opinion goes you are perfectly right.

thanking you

Swami Sadashiva Brahmendra Sar (Nil) 02 May 2009

Dear sir ! I find no contradiction between s. 313 and 317. s.313 says about examination of accused and when he is present in court and being examined by the court u/s 313, then s.317 has no relevance as it is not in action.

Guna Shekaran R (LAWYER) 02 May 2009

Your Advocate has entered appearance on behalf you initially. He would plead to court about your absence and to continue the evidence under Sec 317 Cr.P.C when you have instructed him about your inability to attend the court hearing. It is deemed that your advocate has briefed if at all any evidence taken in your absence on that day.

Hence questioning about your role under Sec 313 Cr.P.C is absolutely correct and there is no contradictory issue. Moreover there is no specific section to plead to court about your absence except Sec 317Cr.P.C.

R.Guna Shekaran

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Swami Sadashiva Brahmendra Sar (Nil) 02 May 2009

mr. gunashekharan is right. i would further add rhat statements of witnesses examined in absence of accused would be on record which can be seen by the accused before giving evidence.

A Truthseeker ( A retired Indian citizen) 02 May 2009

sec-313 concerns "examination of accused". after the conclusion of evidence by prosecution when the accused is present before the judge the judge first puts this question to the accused whether he has 'heard' the evidence adduced by the prosecution against him? the word that is generally used by the judge is 'HEARD'. how one can hear anything being 'PHYSICALLY ABSENT' and only by being 'REPRESENTED'?

N.K.Assumi (Advocate) 06 May 2009

Agreed with the omments made by the Members.

Anish goyal (Advocate) 06 May 2009

Dear member i would like to add my thinking on the topic to this healthy discussion. Section 317 is only used in exceptional circumstances where conditions specified in that section are fulfilled. And also section 313 does not prescribe any particular form of question. May be in practical in courts such a situation arise. There judge has to use its prudence that in the particular case personal appearence is dispensed with and while considering the statement as provided u/s313(4) he shall take all the facts in mind to create harmony in that situations.