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Statement Under Section 313 of Cr.p.c.
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Statement u/s. 313 of Cr.P.C.
S.-313 of Cr.P.C. Empowers the trial courts to examine the accused at a particular stage of a trial. This is known as recording of statement of the accused u/s. 313 of Cr.P.C. S.- 281 of Cr.P.C. Lays down the procedure for recording of such statement. Similarly Chapter-6 para-38 of criminal Manual also contains relevant provisions. As such, in the present topic we will deal with the power of the court to examine the accused u/s. 313 of Cr.P.C. The analysis of said provisions is as follows-
1) Opportunity to accused:
The basic purpose of S.-313 of Cr.P.C. Is to enable the accused to explain anything in evidence, which is against him. Thus, this opportunity to the accused may be given in the following manner.
a) Without previous warning at any stage
The court may at any stage without previous warning given to the accused, put such question to him, as it considers necessary.
b) The court to question the accused
The court shall, after the witnesses for prosecution have been examined & before the accused is called to offer his defence question him generally on the case.
In this connection, it is to be noted that, the use of the word ‘may’ in clause ‘a’ shows that, a discretion is given to the court and use of the word ‘shall’ in clause ‘b’ indicates that, it is the compulsory duty imposed on the court. Therefore, under clause ‘b’ the court is mandatorily required to ask the questions to the accused generally on the case. However, in a summons case, in which, the court has dispensed with the personal attendance of the accused, it may also dispense such examination.
2) No oath to the accused
It is laid down that, while examining the accused under this section, oath shall not be given to the accused. This is because, the accused cannot be witness against himself.
3) No fear of punishment
This section further provides that, the accused would not be liable to be punished for either not answering the question, or giving false answer to the question asked by the court. This provision has been made because no person can be compelled to give evidence against himself.
4) Replies of accused can be considered in evidence
This section also provides that, replies given by the accused to the questions asked, may be taken into consideration as against him or in his favour, in the same case or the other. Thus, the court is at the liberty to draw the reasonable inferences from the answers given by the accused. Such inferences may be in the favour of the accused or even against him.
5) Certification of statement
The provisions of S.- 313 are to be read with provision of S.- 281 of Cr.P.C. As such, S.- 281(5) lays down that, the record of the examination of the accused be signed by the Judge, who shall certify that, the examination of the accused was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.
Statement u/s. 313 of Cr.P.C.
S.-313 of Cr.P.C. Empowers the trial courts to examine the accused at a particular stage of a trial. This is known as recording of statement of the accused u/s. 313 of Cr.P.C. S.- 281 of Cr.P.C. Lays down the procedure for recording of such statement. Similarly Chapter-6 para-38 of criminal Manual also contains relevant provisions. As such, in the present topic we will deal with the power of the court to examine the accused u/s. 313 of Cr.P.C. The analysis of said provisions is as follows-
1) Opportunity to accused:
The basic purpose of S.-313 of Cr.P.C. Is to enable the accused to explain anything in evidence, which is against him. Thus, this opportunity to the accused may be given in the following manner.
a) Without previous warning at any stage
The court may at any stage without previous warning given to the accused, put such question to him, as it considers necessary.
b) The court to question the accused
The court shall, after the witnesses for prosecution have been examined & before the accused is called to offer his defence question him generally on the case.
In this connection, it is to be noted that, the use of the word ‘may’ in clause ‘a’ shows that, a discretion is given to the court and use of the word ‘shall’ in clause ‘b’ indicates that, it is the compulsory duty imposed on the court. Therefore, under clause ‘b’ the court is mandatorily required to ask the questions to the accused generally on the case. However, in a summons case, in which, the court has dispensed with the personal attendance of the accused, it may also dispense such examination.
2) No oath to the accused
It is laid down that, while examining the accused under this section, oath shall not be given to the accused. This is because, the accused cannot be witness against himself.
3) No fear of punishment
This section further provides that, the accused would not be liable to be punished for either not answering the question, or giving false answer to the question asked by the court. This provision has been made because no person can be compelled to give evidence against himself.
4) Replies of accused can be considered in evidence
This section also provides that, replies given by the accused to the questions asked, may be taken into consideration as against him or in his favour, in the same case or the other. Thus, the court is at the liberty to draw the reasonable inferences from the answers given by the accused. Such inferences may be in the favour of the accused or even against him.
5) Certification of statement
The provisions of S.- 313 are to be read with provision of S.- 281 of Cr.P.C. As such, S.- 281(5) lays down that, the record of the examination of the accused be signed by the Judge, who shall certify that, the examination of the accused was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.