Section 313 of Cr.P.C

Section 313 of the Cr.P.C. gives power to the court to examine the accused

SCOPE & OBJECT OF SECTION 313, Cr.P.C:

The scope and object of examination of the accused under section 313, Cr.P.C. is:

• To establish a direct dialogue between the court and the Accused and to put every important incriminating piece of evidence to the Accused and grant him an opportunity to answer and explain them. (Sanatan Naskar & another v. State of West Bengal; AIR 2010 SC 3507);
• To test the veracity of the prosecution case. The examination of the Accused is not a mere formality, the questions put to the Accused and answers given by him, have great use.
• The scope of section 313 of the Cr.P.C is wide and is not a mere formality.
• The object of recording the statement of the accused under section 313, Cr.P.C. is to put all incriminating evidence to the Accused so as to provide him an opportunity to explain such incriminating circumstances appearing against him in the evidence of the prosecution. (Sanatan Naskar & another v. State of West Bengal; AIR 2010 SC 3507)

PURPOSE OF EXAMINING THE ACCUSED

The purpose of empowering the court to examine the Accused U/s. 313 of Cr.P.C is to meet the requirement of the principle of natural justice Audi Alteram partem (that no one should be condemned unheard). This means that the Accused may be asked to furnish some explanation as regards the incriminating circumstances associated against him and the court must take note of such explanation. In a case of circumstantial evidence, the same is necessary to decide whether or not the chain of circumstances is complete. (Raj Kumar Singh @ Raju @ Batya v. State of Rajasthan; AIR 2013 SC 3150)

METHODOLOGY FOR RECORDING THE STATEMENT

In Dharnidhar v. State of U.P. & Others; 2010 AIR SCW 5658, the court held that, the proper methodology to be adopted by the court for recording the statement of the Accused under section 313, Cr.P.C., is to invite attention of the Accused to the incriminating circumstances and evidence and invite his explanation. In other words, it provides an opportunity to the Accused to tell to the court as to what is the truth and what is his defense. 

In the case of Dehal Singh v. State of Himachal Pradesh; AIR 2010 SC 3594, the court held that, “the statement of the accused under section 313, Cr.P.C. is recorded without administering oath. Therefore, it cannot be treated as evidence within the meaning of section 3 of the Evidence Act, 1872.”

Under section 313, Cr.P.C. (1)(b), it is mandatory for the trial Judge to put to the Accused every such piece of evidence which appears incriminating against him and reply of the Accused shall be sought thereto. (State of Nagaland v. Lipok Ao; 2007 Cr.L.J. 3395 (DB) (Ajai Singh v. State of Maharashtra; AIR 2007 SC 2188).

The Accused may or may not avail the opportunity for giving his explanation. (Subhash Chandra v. State of Rajasthan; (2002) 1 SCC 701).

Attention of the accused must specifically be drawn to inculpatory pieces of evidence to give him an opportunity to offer an explanation if he chooses to do so. The Court is under legal obligation to put all incriminating circumstances before the Accused to solicit his response. This provision is mandatory in nature and casts an imperative duty on the court and confers a corresponding right on the Accused. Circumstances not put to the Accused in his examination under section 313, cannot be used against him. (State of U.P. v. Mohd. Iqram & Anr; AIR 2011 SC 2296)

“EXAMINATION U/S. 313, C.R.PC MORE THAN ONCE”

If examination of the Accused under section 313 has taken place, the court can call the Accused to answer incriminating circumstances again. There is no implied prohibition on calling upon the Accused to again answer questions. However, power to call the Accused to answer questions more than once, after conclusion of the prosecution evidence should not be used in a routine or mechanical manner. (Rajan Dwivedi v. CBI; 2008 Cri.L.J. 1440 (1447) DEL)

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

• 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 defense, 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 defense 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.