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Object Of Questioning: The Role of Section 313 CrPC in Protecting Accused Rights During Trial

Section 313 of the CrPC prescribes a procedural safeguard for an accused facing trial, granting them the opportunity to explain the facts and circumstances appearing against them in the prosecution's evidence. The objective of Section 313 is to establish a direct dialogue between the Court and the accused.

The provision is mainly intended to benefit the accused and, as a corollary, to assist the Court in reaching a final conclusion. The primary purpose of questioning under Section 313 is to provide the accused with an opportunity to explain incriminating circumstances. Answers given by the accused under Section 313 can be considered while appreciating the evidence of witnesses. Statements made by the accused before the Committing Magistrate and the Sessions Judge in India are intended to replace what, in England and America, the accused would be free to state in their own way in the witness box.

These statements must be received as evidence, treated as such, and duly considered during the trial. The answers given by the accused under Section 342 are meant to serve as a substitute for the evidence they could provide as witnesses. The statute intends that, at a certain stage in the proceedings, the Court itself shall set aside all counsel, pleaders, witnesses, and representatives, and call upon each individual accused with the authority of the Court to take advantage of the opportunity to state anything they wish to convey in their own words.

The provision is primarily intended to benefit the accused, and as a corollary, to assist the Court in reaching a final conclusion. The intention of the statute is that, at a certain stage in the case, the Court shall set aside all counsel, pleaders, witnesses, and representatives, and call upon the individual accused to take advantage of the opportunity to state anything they desire to convey. What is necessary is that the accused be solemnly brought face to face with the opportunity to make a statement from their place in the dock, allowing the Court to hear their defense if they are willing to make one personally.

The objective of the section is to provide the accused with the opportunity to show that the circumstances relied upon by the prosecution, which may be prima facie against them, are not true or are inconsistent with their innocence. The purpose of examining an accused person under Section 313 of the CrPC is to afford them the opportunity to explain the incriminating circumstances appearing against them in the evidence adduced by the prosecution. The goal is to give the accused a fair and proper chance to explain any circumstances that appear against them.

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