Section 313 Criminal Procedure Code

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[AmishLegal]

Indrakunwar versus State of Chhattisgarh CRIMINAL APPEAL No.1730 OF 2012 (Supreme Court of India):



34. A perusal of various judgments rendered by this Court
reveals the following principles, as evolved over time when
considering such statements.

34.1 The object, evident from the Section itself, is to enable the accused to themselves explain any circumstances appearing in the evidence against them.
34.2 The intent is to establish a dialogue between the Court and the accused. This process benefits the accused and aids the Court in arriving at the final verdict.
34.3 The process enshrined is not a matter of procedural formality but is based on the cardinal principle of natural justice, i.e., audi alterum partem.
34.4 The ultimate test when concerned with the compliance of the Section is to enquire and ensure whether the accused got the opportunity to say his piece.
34.5 In such a statement, the accused may or may not admit involvement or any incriminating circumstance or may even offer an alternative version of events or interpretation. The accused may not be put to prejudice by any omission or inadequate questioning.
34.6 The right to remain silent or any answer to a question which may be false shall not be used to his detriment, being the sole reason.
34.7 This statement cannot form the sole basis of conviction and is neither a substantive nor a substitute piece of evidence. It does not discharge but reduces the prosecution's burden of leading evidence to prove its case. They are to be used to examine the veracity of the prosecution's case.
34.8 This statement is to be read as a whole. One part cannot be read in isolation.
34.9 Such a statement, as not on oath, does not qualify as a piece of evidence under Section 3 of the Indian Evidence Act, 1872; however, the inculpatory aspect as may be borne from the statement may be used to lend credence to the case of the prosecution.
34.10 The circumstances not put to the accused while rendering his statement under the Section are to be excluded from consideration as no opportunity has been afforded to him to explain them.
34.11 The Court is obligated to put, in the form of questions, all incriminating circumstances to the accused so as to give him an opportunity to articulate his defence. The defence so articulated must be carefully scrutinized and considered.
34.12 Non-compliance with the Section may cause prejudice to the accused and may impede the process of arriving at a fair decision.

[Omkar-nvqp]

I took 5th.... (and that's how I ended up in Jail). 😅

[purushothamabhi]

We are interested about 12 principal pls share

[clutchandgear]

My man is using foundation and lipstick now says 😂😂😂

[VatsalaUpadhyay-wrqo]

sir, agar muder ki bail allow ho gyi hai highcourt se to Supreme Court me challenge bail cancellation ki file ka number kitne din me Atta hai

[vision]

Seems like you support the criminal more than the justice

[SKhanEditography]

Indra Kunwar vs State of Chhattisgarh SC 2023

12 guidelines

[rallyworld]

Bahi bas Karo darao nahi .. aadmi ko to chikne par bhi jail ho jayegi fact

[shreyaSingh.]

Sir, accused person deserve punishment then why this? the person should feel guilty for their acts.

[RakhiDhavale]

Make some videos for protection of women as well, please.

[piyushaggarwal]

I just hate the subtitles in the middle of screen

[zipper]

@bettercallamish Pls pin the principles comment by you.