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.
Law Article in India
You May Like
Legal Question & Answers
Please Drop Your Comments