Code
(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court–
(a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:
Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.]
STATE AMENDMENT
Jharkhand.–
Amendment of Section 313.–In Section 313 of Code of Criminal Procedure, 1973, in its application to the State of Jharkhand:–
(i) In every enquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him the Court-After the words “enabling the accused,” the word “in person or through the medium of electronic video linkage” shall be inserted.
[Vide Jharkhand Act 2 of 2016, s. 4]
Explain it
This section empowers the court to ask the accused questions related to the evidence presented against them during the trial. This right is crucial for the accused to respond to the charges against them and provide their version of the events.
The purpose of Section 313 is to ensure fairness and due process.
- It allows the accused to explain any incriminating evidence and to offer their side of the story.
- It helps the court in understanding the accused’s perspective and determining their guilt or innocence.
Illustrate it
Imagine a case where the accused is charged with theft. The prosecution presents evidence, such as witness testimonies, CCTV footage, and stolen goods. Under Section 313, the court can ask the accused questions like:
- Do you recognize the stolen goods presented in court?
- Were you present at the scene of the crime at the time of the theft?
- Do you have any explanation for your presence at the scene?
- Do you have any witnesses who can support your alibi?
The accused has the right to respond to these questions and offer their explanation.
Common Questions and Answers
Here are some common questions and answers regarding Section 313:
Q: When is Section 313 applicable?
A: Section 313 applies after the prosecution has presented its evidence and before the accused begins their defense.
Q: Does the accused have to answer the court’s questions?
A: While the accused is legally obliged to respond to the court’s questions, they have the right to remain silent. However, their silence can be used against them in court.
Q: What happens if the accused denies the charges?
A: If the accused denies the charges, they can present their own evidence and witnesses to support their defense.
Q: Can the accused be cross-examined by the prosecution during the questioning under Section 313?
A: No. This section only allows the court to question the accused. The prosecution cannot cross-examine them during this stage.
