Section 313 of the Code of Criminal Procedure (CrPC) prescribes a procedural safeguard for an accused facing trial, granting them an opportunity to explain the facts and circumstances presented against them in the prosecution's evidence. The objective of Section 313 is to establish a direct dialogue between the court and the accused. This provision is intended to benefit the accused and, as a corollary, benefit the court in reaching a final conclusion.

The primary purpose of Section 313 questioning is to allow the accused to explain incriminating circumstances. Answers provided by the accused under Section 313 can be taken into consideration while evaluating the evidence presented by witnesses. The statements of the accused, recorded by the committing Magistrate and the Session Judge, are intended to replace what the accused would otherwise be free to state in their own words in the witness box in England or America.

These statements must be received as evidence and duly considered during the trial. Additionally, the answers given by the accused under Section 342 serve as a substitute for the evidence they could provide as a witness. The statute's intention is that at a certain stage in the proceedings, the court itself will set aside all counsel, pleaders, witnesses, and representatives, and directly call upon each accused individual with the authority of the court's own voice, allowing them to state anything they desire in their own way.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073